Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C2012-138 - 4/24/2012 - Approved
2012 -138 4/24/1 M2012 -078 Associated Constr. Partners Ltd. (Revised 6 /27/99) O: N. STEVENS WATER TREATMENT PLANT CAUSTIC FEED AND EAST PLC UPGRADES PROJECT No. 8605 Table of Contents NOTICE TO BIDDERS (Revised 10/21/98) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B Worker's Compensation Coverage for Building or Construction Projects for Government Entities PAT A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award /Explanation of Bid Items A -5 Items to be Submitted with Proposal A -6 Time. of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 .Acknowledgment of Addenda. A-10 Wage Rates A -11 Cooperation with Public Agencies A -12 Maintenance of Services Il 13 Arca 2lcccso and Traffic Control NOT USED) A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Office (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control .A -20 Testing and Certification A 21 Project Signo (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required A -24 Surety Bonds A 25 Cale., Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements •A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A -35 City Water Facilities Special Requirements A -36 Other Submittals A Amended "2lrrangcmcnt and Charge for Water Furnished by the City" (NOT Usta)) A -38 Worker's Compensation Coverage for Building or Construction Projects for 1 Government Entities A-39 Ccrtifi ate of Occupancy and Final Acceptance (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates A 41 Ozone Advise -y (NOT USED) A -42 OSHA Rules & Regulations Table of Contents Page 1 of 3 A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings A -46 Disposal of Highly .Chlorinated Water (7/5/00) A -47 Pre- Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires A -49 Amended "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress A -51 Electronic Submittal of Bids A -52 Value Engineering A -53 Errors and Omissions A -54 Dust Control A -55 Dewatering and Disposal A -56 Substantial Completion A -57 Partial Utilization ATTACHMENTS I -- Electronic Bid PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS Section 022100 Section 022020 Section 022022 Select Material (S -15) Excavation and Backfill for Utilities and Sewers (S -9) Trench Safety PART T - TECHNICAL SPECIFICATIONS Section Section Section Section. Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section T- 001100 T- 001330 T- 001610 T- 001756 T-001770 T- 001782 T- 003200 T- 003300 T- 003600 T- 005120 T- 005200 T- 011259 T- 022400 T- 022420 T- 024100 T- 028020 T- 260500 T- 262000 T- 271323 Summary of Work for Electrical, Instrumentation, & Controls Submittals System Identification and Nametags Testing, Training, and Facility Start -up Closeout Procedures Operation and Maintenance Data Reinforcing Steel Cast -in -Place Concrete Grout Structural Steel Miscellaneous Metal Caustic Feed System Storm Water Pollution Prevention Plan Silt Fence.(S -97) Cutting, Patching, and Demolition Work Seeding (5 -14) General Work Requirements for Electrical Low Voltage Electrical Distribution System Communications Optical Fiber Backbone Cabling PART W.- DRAWINGS APPENDIX A - GEOTECHNICAL INVESTIGATION NOTICE AGREEMENT Table of Contents Page 2 of 3 PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE, BOND PAYMENT BOND Table of Contents Page 3 of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: O. N. STEVENS WATER TREATMENT PLANT CAUSTIC FEED AND EAST PLC UPGRADES; PROJECT NO. 8605; The project consists of the installation of nine (9) Owner- provided pumps; replacement of pump suction and discharge piping including valves, fittings, strainers and required piping supports; new caustic feed SCADA hardware, software, and appurtenances installed at the caustic feed area; demolition of old SCADA hardware located in the North Filter Building (No. 1); replacement of High Service Pump Building No. 1 PLC, High Service Pump Building No. 2 PLC, and upgrade of Wash Water Return PLC and appurtenances; in accordance with the plans, specifications, and contract documents. Bids will. be received at the office of the City Secretary until 2:00 p.m. on Wednesday, February 29th, 2012 and then publicly opened and read. Any bid received after closing time will be returned unopened. A NON-MANDATORY pre -bid meeting is scheduled for Wednesday, February 15, 2012 beginning at.9:00 a.m. The pre -bid meeting will convene at the Chemical Building Conference Room, O. N. Stevens Water Treatment Plant, 13101 Leopard Street. The pre -bid meeting will'be conducted by the City and will include a site visit. No additional or separate visitations will be conducted by the City. - A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5%- bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and.contract documents may be procured from the City Engineer upon a deposit of Seventy five and no /100 Dollars ($75.00) as a guarantee of their return in good coffin iittion within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Dan Biles, P.E. Interm Director of Engineering Services /s/ Armando Chapa City Secretary NOTICE TO CONTRACTORS NOTICE TO CONTRACTORS -- A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2;000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - -OWNED NON-OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000. EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK . See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements X REQUIRED ❑ NOT REQUIRED Page 1 of 2 -The City of Corpus Christi must be named as an additional insured on all ,coverages except worker's compensation liability coverage. The name of the project must be. listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding- insurance requirements, please contact the Contract Administrator at 826 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defmed in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage-- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act)- -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11, (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing alI persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage_ This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will he filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5of11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (t) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note:. The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate')- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (T WCC -81, TWCC- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A - SPECIAL PROVISIONS O. N. STEVENS WATER TREATMENT PLANT CAUSTIC FEED AND EAST PLC UPGRADES PROJECT NO. 8605 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, February 29th, 2012. Proposals mailed should be addressed in the following manner: City of Carpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - 0. N. STEVENS WATER TREATMENT PLANT CAUSTIC FEED AND EAST PLC UPGRADES PROJECT NO. 8605 Any proposals not physically in _possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non- responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non - responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A NON-MANDATORY pre -bid meeting is scheduled for Wednesday, February 15th, 2012 beginning at 9:00 a.m. The pre -bid meeting will convene at. the Chemical Building Conference Room, O. N. Stevens Water Treatment Plant, 13101 Leopard Street. The pre -bid meeting will be conducted by the City and will include a site visit. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project O. N. STEVENS WATER TREAIMEMT PLANT CAUSTIC FEED AND EAST PLC UPGRADES; PROJECT NO. 8605; The project consists of the installation of nine (9) Owner - provided pumps; replacement of pump suction and discharge piping including valves, fittings, strainers and required piping supports; new caustic feed SCADA hardware, software, and appurtenances installed at the caustic feed area; demolition of old SCADA hardware located in the North Filter Building (No. 1); replacement of High Service Pump Building No. 1 PLC, High Service Pump Building No. 2 PLC, and upgrade of Wash Water Return PLC and appurtenances; in accordance with the plans, specifications, and contract documents. A -4 Method of Award The bids will be evaluated based on the following, subject to availability of funds: 1. Total Base Bid Section A - SP (Revised 12/15/04) Page 1 of 27 The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with-Proposal The following items are required to be submitted with the proposal: 1 5% Bid Bond (Must reference O. N. STEVENS WATER TREATMENT PLANT CAUSTIC FEED AND EAST PLC UPGRADES; PROJECT NO. 8605; as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement 3. Documentation as required by Special Provision Paragraphs A-28, A -29 & A -30. A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 180 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, ONE THOUSAND DOLLARS ($1,000.00) per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their .nature are not capable of precise proof. The Director of .Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated. damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers.' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. Section A - SP (Revised 12/15/04) Page 2 of 27 In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation 'insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals. Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non - receipt. .Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder.. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy Construction. In aac of conflict, Contractor shall urc higher wagc ratc. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (11s) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess at 1- 800 --344 -8377, the Lone Star Notification Company at 1 -800- 669 - 8344, and the Verizon Dig Alert at 1- 800 --483 -6279. For the Contractor's convenience, the following telephone numbers are listed. Section A - SP (Revised 12/15/04) Page 3 of 27 City Engineer City Project Manager Project Engineer LNV, INC. Marcus J. Naiser, P.E. Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Street Operations Solid Waste Services A E P S B C /AT &T City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 826 -3500 826-3598 883 -1984 826 -3540 886 -2600 826 -1881 826 -1800 885 -6900 826 -1875 826 -3461 826 -1940 826 -1940 1- 877 -373 -4858 881 -2511 (1 -800- 824 -4424, 883 -1986 (fax) (826 -1888 after hours) (826 -1818 after hours) (885 -6913 after hours) (826 -3140 after hours) 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767, 512/935 -0958 972 -753 -4355 after hours) 826 -3547 (857 -5060 after hours) (Pager 800 - 724 -3624) (Pager 888- 204 -1679) (Pager 850 -2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether the Contractor . shall make the necessary repairs to place service to construct the work as intended at no increase All such repairs must conform to the requirements of the owns the utilities. shown in the drawings, the utilities back in in the Contract price. company or agency that Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer_ Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price_ Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. Section A - SP (Revised 12/15/04) Page 4 of 27. A -13 Area Access and Traffic Control (NOT USED) to provide a minimum of inconvenience to motorists and thc public. minimum advcroc impact on thc accc,.cibility of the public. Thi: may include, but ramp:, ctc. - - Barricading Standards and Practiccu a: adopted by the City. Copiez of thi., document arc available through the City's Traffic kern Department. The Contractor shall secure the necessary permit from thc City's Traffic Engineering Department, A -14 Construction Equipment Spillage and Tracking The Contractor shall 'keep the adjoining streets free of tracked and /or spilled materials going to or. from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed-into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind. curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be .removed unless otherwise noted. All necessary removals including.but not limited to pipe, driveways, sidewalks, etc, are shown in the removal summary and paid for as shown in the proposal. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. Section A - SP (Revised 12/15/04) Page 5 of 27 A -17 Field Office (NOT USED) office at the construction cite. The field office must contain at 1 act 120 A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on cALEND R days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete. sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule .to show actual progress of each stage by percentage against initial Schedule. The detailed updated construction progress schedule shall be submitted with the monthly pay request. Sequence of Construction: A. Contractor to provide temporary metering pump suction piping as shown on sheet 26. Connect existing metering pumps at pump set A and C to temporary piping. B. Contractor to demolish existing metering pump suction piping up to limits shown on drawings. C. Contractor to demolish existing pumps, piping, and appurtenances for pump set B and install proposed pump set B pumps, piping, and appurtenances. D. Install proposed piping to clearwell #1 injection vault and injection assembly as shown on sheet 23. E. Provide testing, operator training and start -up for pump set B. F. Contractor to demolish existing pumps, piping and appurtenances for pump set A and install proposed.pump set A pumps, piping and appurtenances. G. Provide testing, operator training and start -up for pump set A. H. Contractor to connect discharge piping. from pump set B to existing piping to clearwell #2 injection point. I. Contractor to demolish existing pumps, piping and appurtenances for pump set C and install proposed pump set C pumps, piping and appurtenances. J. Provide testing, operator training and start -up for pump set C. Section A - SP (Revised 12/15/04) Page 6 of 27 For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $1,000.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due to the Contractor the amount of liquidated damages due to the City from the monthly pay estimate. Days Allocation for Rain The contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the nearest location is 6.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days February 3 Days March 2 Days April 3 Days May .Tune July August 4 Days 4 Days 3 Days 4 Days Completion shall be based on satisfactory work, with the plan, specifications, and contract existing system, and accepted by the City for Provisions A -56 & A -57. Certificate of Completion September 7 Days October 4 Days November. 3 Days December 3 Days completed, tested, in accordance documents and connected to the the entire project. See Special The requirements to issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List): (8) (9) Final inspection (Contractor shall have red .lined set ready submit to City with all corrections /notes - Engineering Services with A/E Consultant). contractor evaluation coordinate As -Built plan preparation Inspector prepares final quantities, project summary. Inspector /Engineer Inspection Reports, As- Builts, verifies that all submittals, O&M manuals (in electronic to to form, and payrolls, format as required), SCADA documentation, and other Field Information are complete. Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. Final estimate reviewed by City Construction Engineer. City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. Final payment checklist: (a) Affidavit that all bills have been paid, "Waiver of Lien" (b) Submittal of all remaining payrolls (c) Submittal of MBE letter on what Contractor subcontracted through end of project (d) has actually submitted Final Acceptance Memorandum prepared by Administrative Assistant. Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork. Section A - SP (Revised 12/15/04) Page 7 of 27 i �. (10) Administrative Asst. submits to director of Engineering Services /Operating Department Head for approval and forwarding to Asst. City Manager. (11) Final Acceptance memo returned from Asst. City Manager. (12) Authorization for payment (APP) prepared and submitted to Accounting Department. (13) Contractor receives final payment after City Council (if required or Asst. City Manager accepts project. (14) Administrative Asst_ sends letter to Contractor informing him or her when one -year warranty date begins (Acceptance Memorandum). City acceptance of the project will be described in an Acceptance Memorandum to the Contractor. The warranty will begin on the date that the Acceptance Memorandum is issued to the Contractor. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor .shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by Third Party independent Registered Professional- Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Section A - SP (Revised 12/15/04) Page 8 of 27 Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency /point of circumference • Curb•and gutter flow line - both sides of street on a 200' interval; • Street crowns an a 200' interval and at all intersections. Wastewater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipe and flow line) ( TXDOT and RR permits). Stormwater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs (NOT USED) City Engineer. A -22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2_ Definitions Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. Section A - SP (Revised 12/15/04) Page 9 of 27 b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments: from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or-indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total. profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole_ proprietorship that is owned and controlled' by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. Section A - SP (Revised 12/15/04) Page 10 of 27 f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or. any combination thereof, founded to carry on a single business activity which.is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection applicable. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. Section A - SP (Revised 12/15/04) Page 11 of 27 A -24 Surety Bonds Paragraph two (2) of Section B- 3 -4'of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the state of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification. satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (100) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not. exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is.a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (140 LONGER APPLICABLE) Ccction -B 6'22, Tax Exemption Provision, is deleted in it entirety and the Contracts for improvements to real property awarded by thc City of Corpus Contractor electe to operate under a ocparated contract ao defined by Section T dminictrative Code, or ouch other rules or regulation3 a., may be promulgated by the Comptroller of Public Accounto of Tcxaz. into thc Project. 3. Provide =ale ccrtifioatcz to eupplicrc. pay for all Sale , Excioc, and U3c Taxes app- licable to thi ; Project. Section A - SP (Revised 12/15/04) Page 12 of 27 A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the .date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. .For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured 'on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with. Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, . liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Section A - 3P (Revised 12/15/04) Page 13 of 27 coverage for thc term of thc Contract up to and including thc date the City eeverageincluding any deductible. The City must be named additional insured on any policies providing such in..urancc covcragc. A -28 Considerations for Contract Award. and Execution. To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer shall may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against` bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the for the claim, and an explanation why the claim has not been paid. A bidder shall may also be required to supply construction references and a financial statement, prepared no earlier later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent_ Foremen cannot act as superintendent without prior written approval from the City. Section A - SP (Revised 12/15/04) Page 14 of 27 Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by :the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days- following the public opening and reading of the All bidders (See Special Provision A-5: Items to be Submitted with Proposal, No. 3), must submit to the City Engineer the following information, with its Proposal Form (Bid) : 1. A list of the major components of the work;. 2. Documentation as required by Special Provision Paragraphs A -28, A -29, and A -30; 3. A list of planned submittals for the project; 4. A list of the products to be incorporated into the Project; 5. A schedule of values which specifies estimates of the cost for each major component of the work; 6. A schedule of anticipated monthly payments for the Project duration. 7. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 8. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. Section A - SP (Revised 12/15/04) Page 15 of 27 LI In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 9. A preliminary progress schedule indicating relationships between the major components of the work_ The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 10. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 11. Documentation as required by Special Provision A-35-K, if applicable 12. Within five (5) days following bid opcning, With Bid, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts' B -8 -5 Policy on Extra Work and Change .Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of. Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for, Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer ,delivers the. signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. Section A - SP (Revised 12/15/04) Page 16 of 27 A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements A. Visitor /Contractor Orientation Prior to performing work at any City water facility, the Contractor, his subcontractors, and each of their employees must have on their person a valid card certifying their prior attendance at a Visitor /Contractor Safety Orientation Program conducted by the City Water Department Personnel. A Visitor /Contractor Safety Orientation Program will be offered by authorized City Water Department personnel for those persons who do not have such a card, and who desire to perform any work within any City water facility. For additional information refer to Attachment 1. B. Operation of City -Owned Equipment The Contractor shall not start, operate, or stop any pump, motor, valve, equipment, switch, breaker, control, or any other item related to City water facility at any time. All such items must be operated by an operator or other authorized maintenance employee of the City Water Department_ C. Protection of Water Quality The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Department to protect the quality of the water. D. Conformity with ANSI /NSF Standard 61 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any other items, which could come into contact with potable water, must conform to American National Standards Institute /National Sanitation Foundation (.ANSI /NSF) Standard 61 as described in the Standard Specifications. Such materials include all solvents, cleaners, lubricants, gaskets, thread compounds, coatings, or hydraulic equipment. These items must not be used unless they conform with ANSI /NSF Standard 61 and unless such items are inspected on the site by authorized City personnel immediately prior to use. The Contractor shall provide the Engineer with copies of written proof of ANSI /NSF Standard 61 approval for all materials which could come into contact with potable water. Section A - SP (Revised 12/15/O4J Page 17 of 27 E. Handling and Disposal of Trash All trash generated by the Contractor or his employees, agents, or subcontractors, must be contained at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. CONTRACTOR'S ON -SITE PREPARATION F. Contractor's personnel must wear colored uniform overalls other than orange, blue, or white. Each employee uniform must provide company name and individual employee identification. G. Contractor shall provide telephones for Contractor personnel. Plant telephones are not available for Contractor use. H. Working hours will be 7:00 A.M. to 5:00 P.M., Monday thru Friday. I. Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilities. J. All Contractor vehicles must be parked at designated site, as designated by City Water. Department staff. All Contractor vehicles must be clearly labeled with company name. No private employee vehicles are allowed at O. N. Stevens Water Treatment Plant. Al]. personnel must be in company vehicles. During working hours, contractor employees must not leave the designated construction area nor wander through any buildings other than for required work or as directed by City Water Department personnel during emergency evacuation. ACQUISITION) any work to thc computer based monitoring and control system must be performed only by qualified technical and supervisory peroonnel, . a... hawdwarc and /or spccifi ations. software specified or required by these complexity as required 3. He. has been actively engaged in the type of work -pecificd in this Contract on at least three 1. He employs a Registered Professional Engineer, a Control perform thc work required by these specifications. Section A - SP (Revised 12/15/04) Page 18 of 27 proposed for the Contract. facility within 100 miles of thc Project sitc to maintain, repair, alibratc, and program thc 3ystemc cpecificd herein. product of one manufaetx'cr. 8. Prior performance at the 0. N. Steve= Water Treatment Plant programs the new work for this Project. required to chow the programming an needed and requied, to Attached is an example of the required programming blocky Engineer with all changes made during thc programming phacc. L. Trenching Requirements All trenching for this project at the 0. N. Stevens Water Treatment Plant shall be performed using a backhoe or hand- digging due to the number of existing underground obstructions. No trenching machines shall be allowed.on the .project. No trenching shall be performed until pre- construction exploration excavation in accordance with A -47 has been completed. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit eight (8) copies required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the, required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. • Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, .on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e_ Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. Section A - SP {Revised 12/15/04) Page 19 of 27 f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. g. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. • Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor,'any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project_ A -37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) thc following: conditions. The City Engineer will provide a copy of thc flan to A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors -Bt" are incorporated by reference in this Special Provision. A -39 Certificate of.Occupancy and Final Acceptance NOT USED Section A - SP (Revised 12/15/04) Page 20 of 27 A -40 Amendment to Section'B -8.5: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the - City Engineer, that show-that the material supplier has been paid for the materials delivered to the Project worksite. A 41 Ozone Advcory (HOT USED) Priming and hot mix paving operations muat not be conducted en days for which an ozone advisory has been iced, except for repairs. The City Engineer will the unit price indi atcd in the propoaal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their .officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City,,its officials, employees, attorneys, and agents from any and all damages, injury, or, liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Chaage orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. Section A - SP (Revised 12/15/04) Page 21 of 27 (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of - direct prints, marked with red pencil, to show as- -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as T.C.E.Q., EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water_ A -47 Pre- Construction Exploratory Excavations (7/5/00) Prior to any construction whatsoever on the project, Contractor shall excavate and expose all existing pipelines of the project at tie -in locations, possible conflict areas, and crossings which pass within twenty (20)feet of proposed pipelines of the project_ The Contractor shall survey the exact vertical and horizontal location of each existing pipeline tie -in /conflict and determine the pipeline diameter. For existing pipelines which parallel and are within ten (10) feet of proposed pipelines of the project, Contractor shall excavate and expose said existing pipelines at a maximum of 300 -feet O.C., and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at a maximum of 300 -feet O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the owner of pipelines excavated and surveyed, as well as, the approximate station thereof, distance to the pavement centerline, elevations of the top of existing pipelines, and their diameters. Contractor shall perform no construction work on the project until 1) all exploratory excavations have been made in their entirety, 2) the results thereof reported to the Engineer, and 3) until Contractor receives Engineer's approval of the report. Exploratory excavations shall be paid for as indicated in the proposal. provide all his own excavations. survey work effort (no separate pay) paid Contractor shall for exploratory Section 'A - SP (Revised 12/15/04) Page 22 of 27 A -48 Overhead Electrical Wires (1/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, .precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP /CP&L and inform AEP /CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", 8 -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract." A -51 Electronic Submittal of Bids The following paragraph modifies Paragraph B -2 -7 - Preparation of Proposal, the General Provisions: The bidder has the option of submitting a computer - generated print -out, in lieu of, the Proposal (SHEETS: 1 THRU 8 OF 8), INCLUSIVE. The print -out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheets (3 THRU 5 OF 8) . If the Contractor chooses to submit a print- Out, the print -out shall be accompanied by properly completed proposal pages 1, 2, 6, 7, and 8. A "sample" print out is shown in Attachment 1. In addition, the print out will contain the following statement and signature, after the last bid item: Section A - SP (Revised 12/15/04) Page 23 of 27 (Contractor) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates} contained in this proposal are the unit prices and no other Information from this print -out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print - out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) (Date)" A -52 Value Engineering The Contractor's attention is directed to paragraph B -4 -5 Value Engineering Incentive Procedures, of the General Provisions, which states: "After award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP'S) identify potential reductions in the contract cost by effective changes to the contract plans and specifications." Therefore, the Contractor shall fully examine the plans, specifications and contract documents, as well as, the project location, construction phase schedule in Appendix C, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major items involved in the scope of the project to judge for itself the circumstances and difficulties affecting the work to be performed and obtain all information required to make an intelligent proposal. The Contractor's attention is further directed to paragraph B -2 -3 Examination of Plans, Specifications and Site of the .Work, of the General Provisions. In other words, the Contractor shall complete it's proposal to the best of its ability, as currently provided. A -53 Errors and Omissions The Contractor shall carefully check these specifications and the contract drawings, and report to the Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. If errors or omissions are so discovered and reported before the work to which they pertain is constructed and if corrections for such errors or omissions cause an increase in the Contractor' s cost, the Contractor shall be compensated for such increase in cost provided elsewhere. The Contractor shall bear the expense of correction any errors and omissions on the drawings or specifications, which are not discovered or reported by the Contractor prior to construction and which, in the opinion of the Engineer, could have been discovered by reasonable diligence on the part for the Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete the project ready for intended use. A -54 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or applications of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. Section A - SP (Revised 12/15/04) Page 24 of 27 A -55 Dewatering and Disposal This item shall be considered subsidiary to the appropriate bid items where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by manmade berms prior to entering the storm water system. Sheet flow . and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream (Nueces River /C.C. Ship Channel). Testing of groundwater quality is to be performed by City, at the City's cost, prior to commencing discharge and shall be retested.by the City, at the City's expense, a minimum of once a week. The Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by the contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary, holding tanks and trucking to a sanitary sewer system or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Wastewater Pre - treatment Coordinator at 826 -1817 to obtain a no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight. level. A -56 Substantial Completion When Contractor considers the entire work ready for its intended use, Contractor shall notify owner and Engineer in writing that the entire work is substantially complete (except for items specifically listed by Contractor as incomplete) and shall request that Engineer issue a certificate of Substantial Completion. Within a reasonable time thereafter, Owner, Contractor, and Engineer shall make an inspection of the work to determine the status of completion. If Engineer does not consider the work substantially complete, Engineer will notify Contractor in writing giving the reasons thereof. If Engineer considers the work substantially complete, engineer'will prepare and deliver to Owner a tentative certificate of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven (7) days after receipt of the tentative certificate to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the work is not substantially complete, Engineer will, within fourteen (14) days after submission of the tentative Section A - SP (Revised 12/15/04) Page 25 of 27 certificate to Owner, notify Contractor in writing, stating the reasons Engineer believes the work is not substantially complete. If, after consideration of Owner's objections, engineer considers the work substantially complete, Engineer will, within said fourteen (14) days, execute and deliver to owner and Contractor a definitive certificate of substantial completion with a revised tentative list of items to be completed or corrected), reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from owner. At the time of delivery of the tentative certificate of substantial completion, Engineer will deliver to Owner and -Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of substantial completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. Owner shall have the right to exclude Contractor from the work after the date of substantial completion, but owner shall allow Contractor reasonable access to complete or correct items'on the tentative list used until final acceptance. Contractor shall complete or correct such items in a diligent and expeditious manner. A -57 Partial Utilization Use by Owner at Owner's option of any substantially completed part of the work which (i) has specifically been identified in the Contract Documents, or Which (ii) Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the work that can be used by owner for its intended purpose without significant interference with contractor's performance of the remainder of the work, may be accomplished prior to Substantial Completion of all of the work subject to the following: Systems eligible for partial utilization 1. Caustic Feed System 2. High Service #1 Pump Station 3. High Service #2 Pump Station include: PLC Upgrades PLC Upgrades Owner at any time may request Contractor in writing to permit owner to use any such part of the work which Owner believes to be ready for its intended use and substantially complete. If Contractor agrees that such part of the work is substantially complete, Contractor will certify to Owner and Engineer that such part of the work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the work. Contractor at any time may notify Owner and Engineer in writing that Contractor considers. any such part of the work ready for its intended use and substantially complete and request Engineer to issue a Certificate of Substantial Completion for that part of the work. Within a reasonable time after either such request, owner, Contractor and Engineer shall make an inspection of that part of the work to determine its status of completion. If Engineer does not consider that part of the work to be substantially complete, Engineer will notify Owner and Contractor in writing, giving the reasons therefore. If Engineer considers that part of the work to be substantially complete, the provisions of Special Provision A -56 will apply with respect to certification of Substantial Completion of that part of the work and the division of responsibility in respect thereof and access thereto. Section A - 5? (Revised 12/15/04) Page 26 of 27 SUBMITTAL TRANSMITTAL FORM PROJECT: O. N. STEVENS WATER TREATMENT PLANT CAUSTIC FEED AND EAST PLC UPGRADES PROJECT No. 8605 DRAWING No. WTR 413 OWNER: CITY OF CORPUS CHRISTI ,ENGINEER: Marcus J. Naiser, P.E., LNV, Inc. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12 /15/04) Page 27 of 27 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 24th day of April, 2012, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Associated Construction Partners, Ltd. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $381,190.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: O.N.STEVENS WATER TREATMENT PLANT CAUSTIC FEED AND EAST PLC UPGRADES PROJECT NO. 8606 (TOTAL BASE BID: $381,190.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 L Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 180 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun-2010 ATTEST: &-tceoti, City Secretary APPROVED AS T EG L FORM: ATTEST: (If .Corporation (Seal Below) (Note: If Person signing for corporation is not President, attach ca *of autho ri ation to- sign)' i ' CITY OF CORPUS CHRISTI By: 3J C._ 7 -Tn Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By: Daniel Biles, P.E. Interim Director of Engineering Services CONTRACTOR Asso iated Construction Partners, Ltd. Title: py � 215 W. Bandera Rd., Ste.114 -461 (Address) Boerne, TX 78006 (City) (State)(ZIP) 210/698 -8714 * 210/698 -8712 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 R.12.01.‹.23.1. ., AUTHOR;Lt . SECRETARY �W/ Proposal of OR PROPOSAL (JW1 Place: (lI0V �/� Date: ' t jy t � 114(i ik,k) (5.HA a Corporation organized and existing under the laws of the State of a Partnership or Individual doing lor,ccmAui„ Auft.K \21wil business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: O. N. STEVENS WAFER TREATMENT PLANT CAUSTIC FEED AND EAST PLC UPGRADES PROJECT NO. 8605 at the locations set out. by the plans: and...specifi.ca.tions and in strict accordance with the contract documents for the following prices, to -wit: PROPOSAL FORM (REV-1) PAGE 2 OF 8 Addendum No. 1' Attachment No, 3 Page 2 of 8 0. N. STEVENS WATER TREATMENT PLANT CAUSTIC FEED AND EAST PLC UPGRADES PROJECT NO. 8605 BASE BID I II III IV V BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION CAUSTIC FEED SYSTEM UPGRADES 1 1 L5 GENERAL CONDITIONS (INCLUDING MOBILZATION /DEMOBLIZATION, INSURANCE, BONDING, ETC.), COMPLETE IS PLACE AS PER LUMP SUM. �i), 3aQ ],� $ `C: 2 1 LS EXPLORATORY EXCAVATION / UTILITY ADJUSTMENT ( INCLUDES WATER, SPOILS DISPOSAL, BACKFILL, AND PATCHING), COMPLETE IN PLACE AS PER LUMP $ l a bo , $ --/c3 00 o a 1 i 3 2D8 LF 1" SCH. 80 CPVC ABOVE- GROUND, COMPLETE IN PLACE PER LINEAR FOOT. $ f 0 'CC $ f ¢0 t 4 54 IF SCH. 80 CPVC PIPE ABOVE- GROUND, COMPLETE IN PLACE PER LINEAR FOOT. $ c $ t;600° $ ) 1 5 2 LF 1%" SCH. 80 CPVC PIPE ABOVE - GROUND, COMPLETE IN PLACE PER LINEAR FOOT. $ fr�r 1 $ 0 + 6 32 EA 1" CPVC SOCKETED BALI, VALVE, COMPLETE IN PLACE PER EACH. $ 6 $ aQ 7 6 EA 2" CPVC SOCKETED BALL VALVE, COMPLETE IN PLACE PER EACH. $Xt1 - $ .5 l9CG , V -C-I' 8 9 3 EA 5 EA CALIBRATION COLUMN, COMPLETE IN PLACE PER $&L 0 $ 00,0 , 0 C: $ 1 GC P.0Y 1" PRESSURE GAUGE, COMPLETE IN PLACE PER EACH. cue Gti 10 2 EA 1" PRESSURE SAFETY RELIEF VALVE, COMPLETE IN PLACE PER EACH. $ $ ` CpGs l 11 2 EA 1" FLOW SIGHT, COMPLETE IN PLACE PER EACH. $_______ $ .r noo ,450 1. 12 2 EA 11" PULSATION DAMPENER, COMPLETE IN PLACE PER $ 1.10C-C`' $ Z ' 13 2 EA INSTALLATION OF OWNER - PROVIDED 1" MAG METER, COMPLETE IN PLACE PER EACH. $ -� V o,.J . $ '� y� 14 3 EA 1" REGULATOR, COMPLETE IN PLACE PER . EACH. $ 1 ba0 _ $ 66 0 c. , , .0 15 3 EA 1" PVC STRAINER, COMPLETE IN PLACE PER HACH. $ 9.513.71 $ --/q';13,0 16 17 9 EA 1 LS INSTALLATION OF OWNER - PROVIDED METERING PUMPS, COMPLETE IN PLACE PER EACH. $ ,j '� $ [) ihD $ J) 00°' .°'G DEMO OF EXISTING CAUSTIC PUMPS, SUCTION PIPING, DISCHARGE PIPING, VALVES, AND APPURTENANCES, COMPLETE IN PLACE PER LUMP $ 0�0 , L ! SUM. PROPOSAL FORM (REV-1) PAGE 3 OF 8 Addendum No. 1 Attachment No. 3 Page 3 of 8 J I II j QTY & UNIT III IV DESCRIPTION UNIT PRICE IN FIGURES V BID ITEM BID ITEM EXTENSION — 100 LF Trench Safety for Excavations, complete in place per linear foot. $ 6-s0V $ `Ova 19 1 LS INSTALLATION OF TEMPORARY PIPING TO FACILITATE CUTOVER OF NEW PIPING & PUMPS, COMPLETE IN PLACE AS PER LUMP SUM- $15 co .,:,-Q, $ .._tits cy- 20 3 EA PEDESTAL COATING, COMPLETE IN PLACE AS PER EACH. F $ 2, Cif; .00 $ C i..�] , L� 21 2 INSTALLATION OF PRESSURE TRANSMITTERS, COMPLETE IN PLACE PER EACH. $ `' $ ` � 2 2 3 EA PRESSURE SWITCHES, COMPLETE IN PLACE PER EACH. C5' .{ $ t �.. t f z : C3 23 INSTALLATION OF OWNER- PROVIDED VARIABLE 9 EA FREQUENCY DRIVES (VFDS) , COMPLETE IN PLACE PER EACH. $ �06 [� " � $ -! 5130 24 2 EA SAAR CONTROL STATIONS, COMPLETE IN PLACE PER $ 6n-0° $ I OD o., 4 25 1 LS INSTALLATION OF OWNER - PROVIDED PLC PANEL, AND APPURTENANCES, COMPLETE IN PLACE PER LUMP $ oX ` $ -. l'O�`.. =' SUM. 26 MISCELLANEOUS CAUSTIC PUMP CONTROL ELECTRICAL 1 LS EQUIPMENT (DISCONNECTS, TRANSFORMERS, TRANSFER SWITCHES ESD STATIONS, ETC.), COMPLETE IN PLACE PER LUMP SUM. $ 003:-.'' $ CCU . li" t 1 27 1 LS ELECTRICAL, INSTRUMENTATION & CONTROLS ENCLOSURES, COMPLETE IN PLACE PER LUMP SUM. $ $ `'"''-'3 l 28 1 LS CONTROL CONDUIT AND WIRING, COMPLETE IN PLACE PER LUMP SUM. $ � c L) $ , 1.5i.;`,-Y-4, i t 29 1 LS POWER CONDUIT AND WIRING, COMPLETE IN PLACE PER LUMP BUM. r $t bd_�3_ s $ c' ,',%,. C' 15- I 30 1 LS FIBER AND COMMUNICATIONS CABLING, COMPLETE IN PLACE PER LUMP SUM. $ 1c $ 1 31 1 LS DEMO ALL: WIRING & CONDUIT ASSOCAITED WITH THE DISCONNECT SWITCH (DS -7E) ON EXISTING LAS SWITCHRACK (SR -7E); WIRING, CONDUIT & CONTROL PANELS FOR THE EXISTING METERING PUMPS; EXISTING PLC, EXISTING PLC CABINET & EXISTING TERMINATION CABINET (TC) LOCATED IN THE FILTER BUILDING TO THE LIMITS SHOWN ON THE DRAWINGS, COMPLETE IN PLACE PER LUMP SUM. ��`�: '�i1Gc $" ��L�3 c �.[� 32 1 LS CAUSTIC METERING RACK, SUPPORTS, AND FOUNDATIONS COMPLETE IN PLACE PER LUMP SUM. $3 $�`� `' d PROPOSAL FORM (REV -1) PAGE 4 OF 8 Addendum No. 1 Attachment No. 3 Page 4 of 8 I II III IV V BID ITEM QTY & UNIT pESCRIPTION UNIT PRICE IN FIGURES BID ITEM 'EXTENSION 33 1 LS TIMER CONTROLS / STROBE LINE, COMPLETE IN PLACE PER LUMP SUM. - 34 275 LF 1" CPVC SCH. 80 YARD PIPING, VALVES, FITTINGS, AND APPURTENANCES INSTALLED IN EXISTING PIPE RACK TO CLEARWELL NO. 1 INJECTION POINT, COMPLETE IN PLACE PER LINEAR 4-56,Ce e $ .gyp, FOOT. 35 1 LS STORM POLLUTION r . COMPLETE , 6 6'di, L f 36 1 LS UTILITY ADJUSTMENT ALLOWANCE, COMPLETE IN PLACE PER LUMP SUM. $25,400.40 $ 25,004.00 37 1 LS ADDITIONAL COMMUNICATIONS NETWORK ALLOWANCE, COMPLETE IN PLACE PER LUMP SUM. $S,000.OD $ 5,000.00 HIGH SERVICE 1 PLC REPLACEMENT 38 1 LS INSTALLATION OF OWNER- PROVIDED PLC PANEL, AND APPURTENANCES, COMPLETE IN PLACE PER LUMP $ iJ , t » D $ j 00., "'-�. SUM. + 39 1 LS CONTROL CONDUIT AND WIRING, COMPLETE IN PLACE PER LUMP SLIM. $ j 1t"L` < <L (It c* - 40 1 LS FIBER AND COMMUNICATIONS CABLEING, COMPLETE IN PLACE PER LUMP SUM. t $G =, '0 ^� �� 41 1 LS DEMO HIGH SERVICE #1 BUILDING PCR PLC FIBER AND COMMUNICAATIONS CABLEING, COMPLETE IN PLACE PER LUMP SUM. $ 4-cbt.1. .6.45 ( $ Z- op C. L C.,1 i HIGH SERVICE 2 PLC REPLACEMENT 42 1 LS INSTALLATION OF OWNER - PROVIDED PLC PANEL, AND APPURTENANCES, COMPLETE IN PLACE PER LUMP $ Lib �' $j o(j SUM. 43 1 LS CONTROL CONDUIT AND WIRING, COMPLETE IN PLACE PER LUMP SUM. $ $l0Cy -� 1 44 1 LS FIBER AND COMMUNICATIONS CABLEING, COMPLETE IN PLACE PER LUMP SUM. $ ��' $ ADC. 3 L , 45 1 LS DEMO HIGH SERVICE #2 BUILDING PCR PLC FIBER AND COMMUNICATIONS CABLEING, COMPLETE IN PLACE PER LUMP SUM. ie. $ rte i $ C 060 Cr-. i 46 1 L5 ANALOG VALVE SIGNALS AND WIRING, COMPLETE IN PLACE PER LUMP SUM. $(g: i�3 j $ <)6 "C �, A TOTAL BASE BID (ITEMS 1 THRU 46): PROPOSAL FORM (REV -1) PAGE 5 OF 8 $ Fiicto,00 7 Addendum No, Attachment Igo, 3 Rase 5 of R The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, with bid, within five dayn of rcccipt of bide, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within calendar days from the date designated by a Work Order. 180 The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): (SEAL - IF BIDDER IS a corporation) Respectfully submitted: Telephone: NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. PROPOSAL FORM (REV -1) PAGE 6 OF 8 (Revised August 2000) Addendum No, 1 Attachment No. 3 Page6of8 PAYMENT BOND STATE OF TEXAS § BOND No. 1009141 COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: That Associated Construction Partners. Ltd. of the City of Boerne , County of Kendall , and State of Texas , as principal ( "Principal "), and MID - CONTINENT CASUALTY COMPANY , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of THREE HUNDRED EIGHTY -ONE THOUSAND, ONE HUNDRED NINETY AND NO /100 U.S. Dollars ($ 381,190.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind. ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 24TH day of APRIL, 2012 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: O.N.STEVENS WATER TREATMENT PLANT CAUSTIC FEED AND EAST PLC UPGRADES PROJECT NO. 8605 (TOTAL BASE BID: $381,190.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas. Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 3RD day of MAY , 2012. PRINCIPAL SURETY ASSORTED CONSTRUCTION PARTNERS, LTD. MID -CO d� NENT CAS ' L COMPANY By: Title: ATTEST: Secrete Lo I, ( i. Address: 215 W. BANDERA RD. By: A omey -i BETTY J. REEH Address: P.O. BOX 1409 STE_ 114 -461 TULSA, OK 74101 BOERNE, TX 78006 Rev. Date May 2011 Telephone: (972) 671 -1070 Fax: (918) 588 -1296 E -Mail: ibranch(mca- ins.com Payment Bond ■ Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: TOM CARLISLE CARLISLE INSURANCE AGENCY, INC. Agency: Address: 500 NORTH WATER ST., STE. 900 Telephone: (Physical Street Address) CORPUS CHRISTI, TX 78401 (City) (State) (Zip) (361) 884-2775 E -Mail: tomc @carlisleins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior, to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. 1009141 That Associated Construction Partners. Ltd. of the City of Boerne , County of Kendall , and State of Texas , as principal ( "Principal "), and MID - CONTINENT CASUALTY COMPANY , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of THREE HUNDRED EIGHTY - ONE THOUSAND. ONE HUNDRED NINETY AND NO/100 U.S. Dollars (1 381,190.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 24TH of APRIL, 2012, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: O.N.STEVENS WATER TREATMENT PLANT CAUSTIC FEED AND EAST PLC UPGRADES PROJECT NO. 8605 (TOTAL BASE BID: $381,190.00) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair andlor replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void: otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 rIn rte. r (Rev. Date May 2011) Performance Bond Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 3RD day of MAY , 2012. PRINCIPAL SURETY ASSOCIATED CONSTRUCTION PARTNERS, LTD. MID -CO By: Title: ATTEST: Secretan )ice ea Si ifUNI4, Address: 215 W. BANDERA RD. By: 'NENT CASE` L 1 f o BETTY J. RE r OMPANY Attorney -i Address: P.O. BOX 1409 STE. 114 -461 TULSA, OK 74101 BOERNE, TX 78006 Telephone: (972) 671 -1070 Fax: (918) 588 -1296 E -Mail: (branch @mcg- ins.com Page 2 of 3 Name and address-of Resident Agent of Surety in Nue ces County, Texas, for delivery of notice and service af'process: Name; TOM CARLISLE Agency: CARLISLE INSURANCE AGENCY, INC. Address: 500 NORTH WATER ST., STE. 900 (Physical Street Address) CORPUS CHRISTI, TX 78401 (City) (State) (Zip) Telep hone: 361-884-2775 E -Malt; tomc#carlisleins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 MID- CONTINENT _ 1437 SOLT`i- BOULDER, SUITE 2Oi l TULSA, OKLAHOMA 7411.9 918-587-7221 •- FAX 918- 588 -1253 QV 'ER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:. That the MtD CONTINENT CASUALTY COMPANY, a,c.9rporation organized and existin under and by- virtue of the laws d tt a $fMe ;of Ohio does herel6y nommae, constitute and a poiptithe person or persons named below, each individually' if more than one is nartred its true 01101-awful attorney infaot,;for :kaki in its name, place and steed to execute on bebalf of the said Company, as surety, ahy °and all bonds, undertaldings.a'iridcontracIs of suretys`nip, or ilier written obligations in the °nature thereof. dark Fresher, Bryan K. Moore, Pat J. Moore, Betty J. Reeh and Gary W. Wheatley, individually of SAN ANTONIO, TX IN WITNESS WHEREOF the M1D- CONTINENT CASUALTY COMPANY has caused these presents to be signed and attested by its appropiate afficerszanif its corporate seal hereunto affixed this 12 ;,day of April 2012 o 4. .SEAL :Y%,: •.,, is ATTEST: '' ' SARA NTINENT CASUALTY° COMPANY' AND I S,C1 1, ASSISTANT S>=CI ETA. RY VJ,CE PRESIOENT On this 12 day of April 2012 before me personally appeared TODD SAZATA to me known, being duly sworn, deposes an4 says that &he resides in79) sa 1,ahoma; that s/he is a Vice President of Mid- Conttnerii`Casualty Company, thecompany 4tescribed in and which executed the above instruenOhat-isihe knows the seal of the said company; that the seal affixed to the said instrument is such corporate seal; that rt`was'so affixed• by authority of her/his offce'uhder the By -Laws of'said Company, and that slhe signed his name thereto by like authority. '- STATExbF OKLAHOMA COUNTY OF TULSA Commission; ,05000936 My Commission Exp' es: 01 -26413 Notary ulilic This Power o f Attorney is granted by authority of the following resolutions,. adopted by the Board of Directors of. Mid - Continent Casualty,. ... ompany by unanimouswrrtten consent dated September `25 2009:;: RESOLVE b: That the President, the Executive Vice President, the several Senior Vice Presidents and Vice. Presidents or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds „undertakings and contrapts of, suretyship, or otber.written obligations in the nature thereof, .to prescribe their respective luties and the respective limits of their authority 'andtorevoke any such apporntfnent at any time RESOLVEO'FURTHE'R_ That the Company seal and the; signature of any of the aforesaid officers ant any-- Secretary;, or Assistant Secretary'of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer: and the :.original seal of the Company to be: valid and binding t#pon the Company with the same: force.and effect as though •.rrtanual1y affixed. CERTIFICATION SARA ANDERSON; Assistant Secretary of Mid - Continent Casualty Company, de. herebycertify that the foregoing, Power of Attorney and the Resolutions of the'Board of Directors of September 25, 2009 have not been revoke 1 and are now in fullfarceand effect. • 8: SEAL ..COIF O' • ;�►. OID lF BOXIS aurr. S Signed and sealed this S' -&day of SARA ANDERSON Assistant Secretary Mm- CONTINENT CASUALTY COMPANY OKLAHOMA SURETY COMPANY STATE OF TEXAS CLAIM NOTICE ENDORSEMENT In accordance with Section 2253.021 (f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bond(s) should be sent to: Mailing: Phys ical: MID- CONTINENT CASUALTY COMPANY OKLAHOMA SURETY COMPANY P.O. BOX 1409 TULSA, OK 74101 TELEPHONE NO. 918-587-7221 1437 S. BOULDER SUITE. 200 TULSA, OKLAHOMA 74119 ATTACH THIS NOTICE TO YOUR BOND Addendum Nj Attachment NPage 7 11;:aSUPPLIER NUMBER TO BE ASSIGNED BY u l Y PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 171 12, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with NA". See reverse side for Filing Requirements, Certifications and definitions. • yy�,,pp 1 - iii COMPANY NAME: ,r11 J J) k 11110 a t'14/t1'44 1 Pi/ P. O. BOX: i ! 1 t v4 i A j 1'',1 STREET ADDRESS: CITY: Eaitt FIRM IS: 1. Corporation ❑ 4. Association 2. Partnership 3. Sole Owns. 5. Other 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named 'firm." Name Job Title and City Department (if known) 2. State the names of each "official " of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm. Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest " constituting 3% or more of the ownership in the above named "firm. "' Name Board, Commission or Committee \\O 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant PROPOSAL FORM (REV -1) PAGE 7 OF 8 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the Cit ( official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. !Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Chri, Texas as changes occur. Certifying Person: ' '1(\ \i\41, a Signature of Certifying Date: Person: DEFINITIONS �2�26 112- a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holdleg •.. entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. PROPOSAL FORM (REV -1) PAGE 8 OF 8 Addendum No. 1 Attachment No. 3 Page 8 of 8 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM10D)YYyy) I_ m /sti/Z012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER IBTX Risk Services SAT 5746 Hausman Rd., Ste. 100 San Antonio TX 78249 i CONTACT NAME: (AIC.No.Ext: (210) 696 -6688 FAX No). (210) 696 -8414 E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIL 5 INSURERA:Bituminons Casualty Corp 20095 20095 INSURED Associated Construction Partners, Ltd. Associated Controls & Instrumentation, LLC. 215 W Bandera Road Suite 114 -461 Boerne TX 78006 INSURERB:Bituminous Casualty Corp _ INSURERC: INSURERD: - INSURERE: INSURER F : :Cart ID 12132 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE GENERAL LIABILITY ADDL SUBR INSR WYD POLICY NUMBER POLICY EFF (MIWDD/YYYYI POLICY EXP (MMIODIYYYYI LIMITS x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GE 'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS NON -OWNED AUTOS CLP3559936 10/4/2011 10/4/2012 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 $ 100,000 MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP /OPAGG UMBRELLA LIAB EXCESS LIAB x OCCUR tl CLNMS -MADE OED _ RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below 10/4/2011 CAP3559935 10/4/2012 $ 5, 000 $ /1,000,000 W 2,000,000 $ 2,000,000 COMBINED SINGLE UMIT (Ea accident) $� 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) CUP2590877 10/4/2011 10/4/2012 EACH OCCURRENCE AGGREGATE 2,000,000 2,000,000 Y/ N NIA WC STATU- TORY LIMITS E.L. EACH ACCIDENT OTH- ER E.L. DISEASE EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is regwred) Re: Project:8605, Job Name: ONSETP Caustic.Feed and East PLC Upgrades The General Liability & Auto Liability policies include blanket automatic additional insured endorsements (foam #GL46670111, #GL46650111, #CA04030604) that provides this feature only when there is a written contract between the named insured & certificate holder that requires such status. The General Liability & Auto Liability policies include a blanket automatic waiver of subrogation endorsement (form #GL30850106, #CA20890604) that provides this feature only when there is a written contract between the named insured & the certificate holder that requires such status. Primary Non - Contributory wording per endorsement (form #GL46670111, #GL46650111). CERTIFICATE HOLDER $ $ CANCELLATION City of Corpus Christi Engineering Services PO BOX 9277 Corpus Christi TX 78469 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RESENT4AT1VE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD J AWRY CERTIFICATE OF LIABILITY INSURANCE 411...------ DATE(MMIDDIYYYY) 04/30/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES, LLC 5847 SAN FELIPE, SUITE 320 HOUSTON, TX 77057 CONTACT NAME: FA PHONE I IAC [A/C. No. Exs): (A1C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Indemnity Insurance Company of North America INSURER B : 43575 INSURED INSPERITY, INC. 19001 CRESCENT SPRINGS DRIVE KINGWOOD, TX 77339 " SEE BELOW INSURER C : INSURER 0 : $ INSURER E : COMMERCIAL GENERAL LIABILITY INSURER F : $ :43MQF3BD • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL INSR SUBR VLAID POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDOIYYYY}, LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO REN 1 ED PREMISES (Ea occurrence} $ ICLAIMS -MADE L__ J OCCUR MED EXP (My one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER —1 PRODUCTS • COMP/OP AGG $ POLICY 78-F 78-F { LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE Lima (Ea accident) $ ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED BODILY INJURY (Per person) $ _..__ _ AUTOS NON -OWNED AUTOS BODILY INJURY Per accident) $ PROPERTY DAMAGE (Per accident) $ $ — UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED l RETENT ON$ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? I I (Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS below NIA X 047027019 10/01/2011 10/0112012 X WC STATU- l 1OTH- TORY LIMITS t ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ $ $ $ $ DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space i5 required) * ASSOCIATED CONSTRUCTION PARTNERS, LTD (2407100) IS INCLUDED AS A NAMED NSURED THROUGH ENDORSEMENT. WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER INCLUDED WHEN REQUIRED BY CONTRACT. RE: Job Name - ONSWTP Caustic Feed and East PLC Upgrades, Project - 8605. V ANCELLATION City of Corpus Christi Engineering Services Attn: Contract Administrator PO BOX 9277 Corpus Christi, TX 78469 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) Page 1 of 1 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AC RD® EVIDENCE OF PROPERTY INSURANCE J Cert ID 12298 DATE (MMIDD/YYYY) 4/30/2012 THIS EVIDENCE OF PROPERTY INSURANCE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY PHONE IA/C.No.Ext1: (210) 696 -6688 TBTX Risk Services SAT 5726 Hausman Road Suite 100 San Antonio TX 78249 FAX IA/C. Not: EMAIL ADDRESS: CODE: SUB CODE: AGENCY CUSTOMERJDJ: INSURED Associated Construction Partners, LTD. Associated Controls & Instrumentation, 215 W. Benders Rd. 8114 -461 Boerne TX 78006 LLC. COMPANY Travelers Lloyds In Co 98932 Collections Center Drive Chicago IL 60693 LDAN NUMBER POLICY NUMBER 6605 /3051305' EFFECTIVE DATE 3/15/2012 EXPIRATION DATE 3/15/2013 CONTINUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. - NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE /PERILS /FORMS AMOUNT OF INSURANCE DEDUCTIBLE Installation Floater 1,500,000 I 2,500 on ions Project:8605 Job Name: ONSNTP Caustic Feed and East PLC Upgrades CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME -AND ADDRESS City of Corpus Christi Engineering Services PO SOX 9277 Corpus Christi TX 78469 f MORTGAGEE LOSS PAYEE X ADDITIONAL INSURED DEFAULT LOAN# AUTHORIZED REPRESENTATIVE ACORD 27 (2009112) © 1993 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: QT- 660 - 56051305 -TLC -i 2 COMMERCIAL INLAND MARINE ISSUE DATE: 04 -16 -12 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL. INSURED This endorsement modifies insurance provided under the following: IM PAK COVERAGE FORM The person or organization Indicated below is added as an additional Insured, as their interests may appear, for the described property only: SCHEDULE Description of Property VARIOUS INSTALLATION JOBS AS DESCRIBED IN THE APPLICATION LOCATED IN TX CMT8831195 004274 Additional Insured (Name and Address) CITY OF CORPUS CHRISTI ENGINEERING SERVICES P.Q. BOX 9277 CORPUS CHRISTI TX 78469 Page 1 of f Associated Construction Partners,Ltd. 215 W Bandera Rd., Suite 114 -461 Boerne, Texas 78006 Phone: 210 -698- 8714 - -- -Fax: 210 -698- 8712 - - -- Email: jill@acpartners.org 4/30/12 City of Corpus Christi Engineering Services PO Box 9277 Corpus Christi TX 78469 J RE: ONSWTP Caustic Feed and East PLC Upgrads Project No. 8605 installation floater coverage polity number 66058051305 Ladies /Gentlemen , J With respect to the coverage provided by policy number 6605B051305 required for the above named project ACP, Ltd shall provide the City of Corpus Christi with 30 day notice of cancellation. 1-117t Jill Simpson President Page 1 of 1 CLP3559936 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY 1ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 - Who Is An Insured is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non - contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL -4667 (01111) Includes Copyrighted Material of Insurance Services Office With Its Permission CLP3559936 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY 1 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: JCOMMERCIAL GENERAL LIABILITY COVERAGE PART Section II — Who Is An Insured is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for' bodily injury" or "property damage" caused, in whole or in part, by "your work" at the project designated in the contract, performed for that additional insured and included in the "products - completed operations hazard "_ This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. in that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non - contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL -4665 (01/11) Includes Copyrighted Material of Insurance Services Office With Its Permission CLP3559936 "Engineer means a person or organization who has been engaged by the `owner. 'contractor" or 'construction manager' to perform engineering services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling your operations on such project. 'Architect` means a person or organization who has been engaged by the 'owner', 'contractor' or 'construction manager' to perform architectural services for the project designated In your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling your operations on such project. Any coverage provided herein will be excess over any other valid and collectable insurance available to the additional insured(s) whether primary, excess, contingent or on any other basis unless you have agreed in a written contract or written agreement executed prior to any loss that this insurance will be primary. However, any other insurance specifically purchased for a designated project(s), Including but not limited to additional insured coverage, owners contractors protective coverage, etc., will be primary with the insurance provided by this endorsement being excess. It this insurance is determined to be primary, we agree not to seek contribution from such other insurance only if you have so agreed in the written contract or written agreement. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. 11 the insured has rights to recover all or part of any payment we have made under thls Coverage Form, those rights are transferred to us. The insured must do nothing alter loss to impair those rights. At our request, the insured will bring "salt' or transfer those rights to us and help us enforce them. b. II required by a written contract executed prior to Toss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of 'your work' for that person or organization. D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.2.b. of the COMMON POLICY CONDITIONS, is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with tha following: 9. WHEN WE DO NOT RENEW a. if we choose to nonrenew this policy, we will mall or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from its scheduled expiration date. YVhere not otherwise prohibited by law, the existing terms, conditions and rates will remain In effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a. above. GL -3086 (01!06) -4- . t POLICY NUMBER: CAP3559935 COMMERCIAL AUTO CA 04 03 06 04 THIS ENDORSEMENT CHANGES THE POiL.ICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated be- low. Endorsement Effective: Named Insured: Countersigned By: SCHEDULE (Authorized Representative) Name and Address of Additional Insured: Any person or organization for whom the insured has agreed by written contract to designate as an additional insured subject to all the provisions and I;imitations of this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to This endorsement.) A. Who is An Insured (Section 11) is amended to include as an `insured" the person(s) or organization(s) shown in the Schedule, but only with respect to their legal liability for acts or ornissions of a person for whom Liability Coverage is afforded under this pol- icy. B. The additional insured named in the Schedule or Declarations is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, de- clared by us shall be paid to you. C. You are authorized to act for the additional insured named in the Schedule or Declarations In all matters pertaining to this Insurance. D. We will mail the additional insured named in the Schedule or Declarations notice of any cancellation of this policy. li we cancel, we will give 10 days no- tice to the additional insured. E. The additional insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. CA 04 03 06 04 0 150 Properties. lnc., 2003 Page 1 of 1 POLICY NUMBER: CAP3559935 COMMERCIAL AUTO CA20890804 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement TMs endorsement changes the policy effective on the inception date of the policy unless another date is indicated be- low. Endorsement Effective: Named Insured; Countersigned By: SCHEDULE (Authorized Representative) Name Of Peraon(e) Or Organization(s): Any person or organization for whom the named insured is operating under written contract when such contract requires a waiver of subrogation. Additional Premium 1 $ Inc 1 uded (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule. We will retain the additional premium shown above, regardless of any early termination of thls endorsement or the policy. CA 20 89 06 04 ID ISO Properties, Inc., 2003 Page 1 of 1 POLICY NUMBER: CLP 3 559 936 COMMERCIAL GENERAL LIABILITY CG 02 0512 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES -- AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART in the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: .. SEE MAN -00001 2. Address. SEE MAN -00001 3. Number of days advance notice: 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 0512 04 © ISO Properties, inc., 2003 Page 1 of 1 Policy# CLP 3 559 936 MANUSCRIPT ENDORSEMENT 30 DAY NOTICE OF CANCELLATION 1. NORTH MILAM WATER SUPPLY CORPORATION /DUFF CONSULTING ENGINEERS, Pp BOX 150, CAMERON, TX 76520 2. CITY OF CORPUS CHRISTI, ENGINEERING SERVICES, ATTN: CONTRACT ADMINISTRATOR, PO BOX 9277, CORPUS CHRISTI, TX 78469 MAN -CO (01/02) POLICY NUMBER: CAP 3 559 935 MANUSCRIPT ENDORSEMENT 30 DAY NOTICE OF CANCELLATION I. NORTH MILAM WATER SUPPLY CORPORATION /DUFF CONSULTING ENGINEERS, PO BOX 150, CAMERON, TX 76520 2. CITY OF CORPUS CHRISTI. ENGINEERING SERVICES, ATTN: CONTRACT ADMINISTRATOR, PO BOX 9277, CORPUS CHRISTI, TX 78469 MAID -AU (01 /02) Workers' Colnpensatlon and Ern ployers' Llabillty Poll Named Insured 19001 CRY, INC. 19001 CRESCENT SPRINGS DRIVE KINGWOOD TX 77339 Endorsement Number Policy Number - Symbol: RWC Number: C47027019 Policy Period 10-01 -2011 TO 10- 01- 2012 Effective Date of Endorsement 04-30 -2012 Issued By (Name of Insurance Company) INDEMNITY INS. CO. OF NORTH AMERICA - when this endorsement is issued subsequent to the preparabon of the pokey_ Insert the policy number. The remainder tithe information is to be completed only NOTICE TO OTHERS ENDORSEMENT - SPECIFIC PARTIES A. If we cancel this Policy prior to its expiration data by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set outbelow. to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule set out below (the °Schedule "). You or your representative must provide us with both the physical and e-mail address of such persons or organizations, and ihe will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy C. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. D. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with the information necessary to complete the Schedule, we have no responsibility for taking any action under this endorsement In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. E. We may arrange with your representative to send such notice in the event of any such cancellation. F. You will cooperate with us in providing, or in causing your representative to provide, the e-mail address and physical address of the persons or organizations listed in the Schedule. G. This endorsement does not apply in the event that you cancel the Policy. Name of Certificate Holder CITY OF CORPUS CHRISTI ENGINEERING SERVICES SCHEDULE E -Mail Address All other terms and oonditions of this Policy remain unchanged. Physical Address PO BOX 9277, CORPUS CHRISTI, TX 78469 Authorized Representative VVC 99 03 71 (01111) Page 1 of 1 Workers' Compensation and Emalovets' Llabllity Pallcv Named Insured INSPERITY, INC. 19001 CRESCENT SPRINGS DRIVE KINGWOOD TX 77339. Endorsement Number Policy Number - Symbol: RWC Number: C47027019 Policy Period 10-01 -2011 TO 10-01 - 2012 Effective Date of Endorsement 04-30 -2012 Issued ay (Name of Insurance Company) INDEMNITY INS. CO. OF NORTH AMERICA . - . _. ly hc. .. .. -, - .. _ _._ . _ ....,.. . .... Insert the poky number. The remaerder of the information is to be completed ony when this endorsement is issued subsequent to the preparation of the ppicy; TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. ( X ) Specific Waiver Name of person or organization: CITY OF CORPUS CHRISTI ENGINEERING SERVICES PO BOX 9277 CORPUS CHRISTI, TX 78969 { ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. • 2. Operations: RE: JOB NAME - ONSWTP CAUSTIC FEED AND EAST PLC UPGRADES, PROJECT - 8605 3. Premium: The premium charge for this endorsement shall be 2.0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: WC 42 03 04 A (1/00) Ptd In U.S,A. 1/-24 Authorized Agent ISSUING COMPANY INDEMNrrY INS. CO. OF NORTH AMERICA NCCI CARRIER CODE 25437 POLICY NUMBER Symbol: RAC NumberC4 70 27 01 9 PREVIOUS POLICY NO. Symbol: RWC Number: C4648521A Workers' Compensation and Employers Liability Insurance Policy Information Page ❑ New LX Renewal n Rewrite n Individual I I Partnership Corporation Item 1. Named insured [SPERITY, INC. 19001 CRESCENT SPRINGS DRIVE KINGWOOD TX 77339 Mailing Address L Inter/Intrastate ID No.: 917101507 Federal Employer ID No.:760479645 Employer's ID No.: PIIC CODE: 7389 For other named insured see Extension of Information Page - Schedule of Named Insured, WC 99 99 99 A For other workplaces see Extension of Information Page - Schedule of Other Workplaces, WC 99 99 9913 Item 2. Policy period: From 10 -01 -2011 To 10-01 -2012 12:01 A.M., standard . time at the named insured's mailing address. Item 3A. Workers' Compensation Insurance: Part One of the policy applies to the Workers' Compensation Law of the states listed here: TX Item 3B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3A. The limits of our liability under Part Two are: Bodily rnjury by Accident $ 1,000,000 Bodily Injury by Disease $ 1,000,000 Bodily Injury by Disease $ 1,000,000 each accident policy limit each employee Item 3C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: ALL STATES EXCEPT ND,OH,WA,WY, AND STATES DESIGNATED IN ITEM 3.A Item 4. The premium for this policy will be determined by our Manual of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit SEE EXTENSION OF INFORMATION PAGE- CLASSIFICATIONS If indicated here, interim adjustments of premium will be made: Minimum Premium collected in Tx $ n Semi - Annually ❑ Quarterly ❑ Monthly Total Estimated Premium $ Deposit Premium $ This policy includes these endorsements and schedules: SEE SCHEDULE OF FORMS AND ENDORSEMENTS WC999999D PRODUCER NAME AND MAILING ADDRESS LOCKTON COMPANIES LLC 5847 SAN FELIPE PLAZA SUITE 320 HOUSTON TX 77057 PRODUCER CODE: 279114 29- 3354970 DAU MARKETING OFFICE: DALLAS BRANCH ISSUE DATE: 09/15/2011 141, (Authorized Representative) WC 00 DO 01A (06103) Copyright 1987 National Council on Compensation Insurance INSURED COPY EXTENSION OF INFORMATION PAGE Named Insured INSPERITY, INC. 19001 CRESCENT SPRINGS DRIVE KINGWOOD TX 77339 Endorsement Number Policy Number — Symbol: RWCNumber: C47027019 Policy Period 10 -01 -2011 TO 10 -01 -2012 Effective Date of Endorsement 10 -01 -2011 Issued By (Name of Insurance Company) — INDEMNITY INS. CO. OF NORTH AMERICA Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy SCHEDULE OF NAMED INSURED ITEM 1., NAMED INSURED, OF THE INFORMATION PAGE IS EXTENDED AS FOLLOWS: NAMED INSURED FEIN ASSOCIATED CONSTRUCTION PARTNERS, LTD 262197773 For the state of CA refer to state specific endorsement. This endorsement is not applicable in NJ. Authorized Agent WC 99 99 99 A (10106) Page 1 1 of 136 EXTENSION OF INFORMATION PAGE Named Ensured INSPERITY, INC. 19001 CRESCENT SPRINGS DRIVE KINGWOOD TX 77339 Endorsement Number Policy Number _ Symbol: RWC Number: 047027019 Policy Period 10-01-2011 TO 10 -01 -2012 Effective Date of Endorsement 10-01 -2011 Issued By (Name of Insurance Company) — INDEMNITY INS. CO. 017 NORTH AMERICA Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation-of the policy. SCHEDULE OF OTHER WORKPLACES ITEM 1., OTHER WORKPLACES, OF THE INFORMATION PAGE IS EXTENDED AS FOLLOWS: OTHER WORKPLACES FEIN ASSOCIATED CONSTRUCTION PARTNERS, LTD 262197773 215 W BANDERA RD STE 114 -461 BOERNE, TX 780062820 For the state of CA refer to state specific endorsement. This endorsement is not applicable in NJ. 1411, 16))4 Authorized Agent WC 99 99 99 B (10/06) Page 24 of 290