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HomeMy WebLinkAboutC2020-086 - 1/28/2020 - Approved w Nc,RpoRoo 1852 00 52 23 AGREEMENT This Agreement, for the Project awarded on January 28, 2020, is between the City of Corpus Christi (Owner) and R.S. Parker Construction, LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014) (Project No. H17013) ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Govind Development, LLC 9510 Leopard Street Corpus Christi,TX 78410 Chale@govinddevelopment.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd.—Bldg. #5 Corpus Christi,Texas 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 150 days (Base Bid and Additive Alternate) after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Agreement 00 52 23- 1 North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014)(H17013) Rev 8/2019 SCANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF NORTH PADRE ISLAND BEACH ACCESS ROADS NEWPORT PASS ROAD and ZAH N ROAD ( BOND 2014) PROJECT NUMBER H17013 "���'•' 852 lI'll54��A]� #. t'� - .._—c,��.�, GOVIND DEVELOPMENT, LLC TBPE Firm No. 10101 9510 Leopard St., Corpus Christi, TX. 78410 12-20-19 (361) 241-2777 S�P�E OF rFxgs�+l Record Drawing Number STR 953 ; E< :i 117759 CONFORMED SET FINAL CONSTRUCTION COPY 00 01 00 TABLE OF CONTENTS Division/ Title Section Division 00 Contracting Requirements 00 52 23 Agreement(Rev 8-2019) 00 72 00 General Conditions(Rev 8-2019) 00 73 00 Supplementary Conditions(Rev 8-2019) 00 74 00 Special Conditions for FEMA(Rev 10-2018) 00 74 01 Special Conditions for FEMA Projects(Rev 10-2018) Division 01 General Requirements 011100 Summary of Work(Rev 10-2018) 01 23 10 Alternates and Allowances(Rev 10-2018) 01 29 01 Measurement and Basis for Payment(Rev 8-2019) 01 33 01 Submittal Register(Rev 10-2018) 01 35 00 Special Procedures(Rev 10-2018) 01 50 00 Temporary Facilities and Controls(Rev8-2019) 01 57 00 Temporary Controls(Rev8-2019) Part S Standard Specifications 02 10 20 Site Clearing and Stripping 021040 Site Grading 02 20 20 Excavation and Backfill for Utilities 02 20 40 Street Excavation 02 20 80 Embankment 02 24 20 Silt Fence 02 52 02 Scarifying and Reshaping Base Course 02 52 05 Pavement Repair, Curb, Gutter, Sidewalk& Driveway Replacement 02 52 08 Soil—Cement Base (S-17) 02 52 23 Crushed Limestone Flexible Base 02 58 02 Temporary Traffic Controls During Construction 02 58 07 Pavement Markings (Paint and Thermoplastic) 02 58 13 Preformed Thermoplastic Striping, Words and Emblems Table of Contents ADDENDUM NO. 1 North Padre Island Beach Access Roads—Newport Pass Road ATTACHMENT NO. 1 And Zahn Road (Bond 2014) (H17013) SHEET 1 OF 2 Rev 9/2019 Division/ Title Section 02 58 16 Raised Pavement Markers 02 58 18 Reference Specification—TxDOT DMS-4200 Pavement Markers (Reflectorized) 02 58 28 Reference Specification—TxDOT DMS-6130 Bituminous Adhesive for Pavement Markers 02 64 04 Water Service Lines 02 64 11 Gate Valves for Waterlines 02 86 80 Colored Concrete Pavement Part T Technical Specifications 10 00 01-T Signs 10 00 02-T Small Roadside Sign Assemblies 10 00 03-T Reference Specification -TxDOT Item 360 Concrete Pavement 10 00 04-T Reference Specification -TxDOT Item 440 Reinforcement for Concrete Appendix Title 1 Butterfield Color (Color and Stamp Pattern) 2 Geotechnical Report—North Padre Island Beach Access Zahn Road, 1-21-19 3 Geotechnical Report—North Padre Island Beach Access Newport Pass Road,5-31-19 4 Nueces County Dune Protection Permit DPP-0219-02p Zahn Road, 4-11-19 5 Nueces County Dune Protection Permit DPP-0219-01p Newport Pass Road,4-11-19 END OF SECTION Table of Contents ADDENDUM NO. 1 North Padre Island Beach Access Roads—Newport Pass Road ATTACHMENT NO. 1 And Zahn Road (Bond 2014) (1-117013) SHEET 2 OF 2 Rev 9/2019 �Qus cy 41. );iAppitc 7852 CONTRACTS AND PROCUREMENT DEPARTMENT PO Box 9277 Corpus Christi Texas, 78469-9277 Phone: 361.826.3160 NOTICE OF AWARD Contractor: R.S. Parker Construction, LLC. Project: H17013 North Padre Island Beach Access Roads Newport Pass Road and Zahn Road (Bond 2014) This notice serves as confirmation of award of the referenced Project, to your firm, by the Corpus Christi City Council on January 28, 2020 in the amount of $1,337,185.02. Contractor is instructed to execute all necessary forms and submit all required documentation as outlined in the contract document. The executed agreement and all required insurance and bond submittals are due back to this office within 10 calendar days of receipt. A Pre -Construction Meeting will be scheduled within two weeks of returning required contract submittals, pending final execution of the contract. The following document submittals are required to execute the contract: Form 1295 — The State of Texas requires contractor to complete, sign and submit a copy of the Texas Ethics Commission Form 1295, Certificate of Interested Parties. The state website is: www.ethics.state.tx.us Agreement —A completed and filled out agreement form has been provided for your digital signature. The agreement form shall be digitally signed by an authorized officer of the company. Submit signature authority documentation. Performance and Payment Bond — Competed and filled out bond forms have been provided for your physical signature. The bonds cannot be digitally signed. Submit one set of executed hard copy originals. Insurance — Refer to the contract documents, Section 00 73 00, Article 6, for insurance requirements and submit proof of coverage. Submittals will include a Certificate of Insurance referencing the project name and number and all applicable endorsements to the policies. Please contact Sylvia Arriaga, Construction Contracts Administrator, if you have any questions regarding this information. 1. zq. ZoZo Kim Baker, Director of Contracts and Procurement Date RETURN DOCUMENTS TO: Sylvia Arriaga — Construction Contracts Administrator City of Corpus Christi — Contracts and Procurement 1201 Leopard St. - City Hall, First Floor Corpus Christi, TX 78469-9277 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi, Texas Govind Development, LLC B. Paragraph 1.01.A.54 "Substantial Completion" is more specifically defined for this Project as: 1. The following items are fully functional and suitable for operation in accordance with the Contract Documents: a. North Padre Island Beach Access Roads— Newport Pass Road and Zahn Road are open to two-way traffic. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 Supplementary Conditions 007300- 1 North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014) (1-117013) Rev 8/2019 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 16 rain days have been set for this Project. An extension of time due to rain days will be considered only after [43] rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: Geotechnical Reports for both Newport Pass Road and Zahn Road a. The Contractor may rely on the following Technical Data in using this document: 1) Geotechnical Study— North Padre Island Beach Access — Newport Pass Road (5-31-19) b. The Contractor may rely on the following Technical Data in using this document: 1) Geotechnical Study—North Padre Island Beach Access—Zahn Road (1-21-19) Drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) include the following: None SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner. ARTICLE 6—BONDS AND INSURANCE SC-6.03 REQUIRED MINIMUM INSURANCE COVERAGE Supplementary Conditions 007300- 2 North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014) (1-117013) Rev 8/2019 INSURANCE REQUIREMENTS CONTRACTOR'S INSURANCE AMOUNTS Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability -Owned, Non- $1,000,000 Combined Single Limit Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability / $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑x Required ❑ Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required 0 Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required 0 Not Required Supplementary Conditions 007300-3 North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014) (1-117013) Rev 8/2019 ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.02 LABOR; WORKING HOURS B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of person or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Regular working hours are Monday through Saturday from sunup to sun down unless other times are specifically authorized in writing by OAR. SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS SC-14.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Determination Construction Type Project Type (WD) No TX21 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) TX29 Highway Highway Construction Projects (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Supplementary Conditions 007300-4 North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014) (1-117013) Rev 8/2019 ARTICLE 19—PROJECT MANAGEMENT AND COORDINATION SC-19.21 COOPERATION WITH PUBLIC AGENCIES C. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 Govind Development, LLC 361-241-2777 Traffic Engineering 361-826-3547 Police Department 361-882-2600 361-826-1800 (361-826-1818 after Water/Wastewater/Stormwater hours) Gas Department 361-885-6900 (361-885-6942 after hours) Parks & Recreation Department 361-826-3461 Street Department 361-826-1875 City Street Div. for Traffic Signals 361-826-1610 Solid Waste & Brush 361-826-1973 IT Department(City Fiber) 361-826-1956 AEP 1-877-373-4858 AT&T 361-881-2511 (1-800-824-4424 after hours) Grande Communications 1-866-247-2633 Spectrum Communications 1-800-892-4357 Crown Castle Communications 1-888-632-0931 (Network Operations Center) Centuryl-ink 361-208-0730 W i ndstrea m 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 ARTICLE 25—SHOP DRAWINGS Supplementary Conditions 007300-5 North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014) (1-117013) Rev 8/2019 SC-25.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description 01 33 01 See Section 0133 01 Submittal Register ARTICLE 26—RECORD DATA SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description 01 33 01 See Section 0133 01 Submittal Register END OF SECTION Supplementary Conditions 007300-6 North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014) (1-117013) Rev 8/2019 00 30 01 BID FORM---NORTH PADRE ISLAND BEACH ACCESS ROADS-NEWPORT PASS ROAD AND ZAHN ROAD(BOND 2014) RFB NO.2636 Project Name: North Padre Island Beach Acess Roads Newport Pass Road and Zahn Road (Bond 2014) Project Number: H17013 Owner: City of Corpus Christi OAR: TBD Designer: Govind Development, LLC-TBPE Firm No. F-10101 By its signature below,Bidder accepts all of the terms and conditions of the Bid Acknowledgement,acknowledges receipt of all Addenda to the Bid and agrees,if this Bid is accepted,to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. Bidder: �,� �( / I��/ �'( aNi(A/A CL (full legal name of Bidder) Signature: (signature of person with authority to bind the Bidder) Name: (printed name of person signing Bid Form) Title: WI i�1,lA(h Da — - -e� (title of person signing Bid Form) Attest: (signature) State of Residency:_ �j7 At Federal Tx ID No. Address for Notices: � � Phone: -C Zu— Email: a 0. 0 ^ w 0V\ ADDENDUM NO. 1 ATTACHMENT NO. 1 Bid Form SHEET 1 OF 4 North Padre Island Beach Access Roads Newport Pass Road and Zahn Road(Bond 2014)(H17013) 00 30 01 Page 1 of 4 Rev 8/2019 00 30 01 BID FORM--- NORTH PADRE ISLAND BEACH ACCESS ROADS- NEWPORT PASS ROAD AND ZAHN ROAD (BOND 2014) RFB NO. 2636 Basis of Bid Item DESCRIPTION ESTIMATED EXTENDED UNIT UNIT PRICE QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization (Max 5% Part A) LS 1 NA.5D A2 Bonds and Insurance ' 5' LS 1 q (L5L,. c 2 C. cz) A3 Site Clearing and Stripping ACRE 1 [n.L,iJC 'co A4 Ozone Days QL 000'GO EA 1 A5 Temporary Traffic Control Portable Changeable Message Sign EA 2 A6Temporary Traffic Control During Construction MO 2 A7 Traffic Control Mobilization/Adjustments LS 1 — • DO rl 5c&, A8 IStorm Water Pollution Prevention Plan During Construction LS 1 j rIT)p, (I A9 ISedimentation Control Fence LF 24000 ,-12U.c0 SUBTOTAL PART A-GENERAL(Items Al thru A9) } Part B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Bl Mobilization (Max. 5% Part B) LS 1 DLUI 0,OL gr,44' .Lb B2 Street Excavation SY 3035 133 Removal of Brick Pavers SY 1625 B4 7" Continuously Reinforced Concrete Pavement (CRCP) SY 4080 B5 8" Cement Stabilized Backfill Material — CU 2 , SY 4160 ID � � ij-cc B6 8" Compacted Subgrade SY 4080 B7 Cement Stabilized Embankment (SHOULDER) SY 675 j Lit� B8 Adjust Existing Manhole Cover to Finish Grade EA 1 B9 Adjust Existing Water Valve Box to Finish Grade EA 1 f�c, zoclo B10 Refl. Pavement Marking Type 1 (Y)(4")(DBL)(SOLID)(INCL. LF 850 17 B11 Refl. Pavement Marking Type 1 (Y)(4")(SOLID)(INCL LF 25 CI — � B12 Refl. Pavement Marking Type 1 (Y)(8")(SOLID)(INCL LF 20 I ,v0 B13 Refl. Pavement Marking Type 1 (W)(4")(SOLID)(INCL. LF 2000 B14 Refl. Pavement Marking Type 1 (W)(8")(SOLID)(INCL. LF 200 B15 Refl. Pavement Marking Type 1 (W)(LEFT TURN EA 1 B16 Raised Pavement Markers (Type 11-A-A)(INCL. SURF. EA 25 B17 Alluminum Signs (INCL. POST& FOUNDATION) EA 1 618 Unanticipated Removal/Replacement of Ribbon Curb LF B19 Allowance for Unanticipated Street Improvements LS 1 $ 5,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru B19) $5,000.00 Part C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 Mobilization (Max. 5% Part C) LS 1 2 3� -� C2 q. 4"Thick Concrete Sidewalk SF 970 C3 Ramp Removal and Median Repair(Sta. 3+35 and Sta.4+50) LS 1 ��C.'.� �2 C4 Allowance for Unanticipated ADA Improvements LS 1 $ 500.00 SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 thru C4) $ 500.00 nfit I ADDENDUM NO. 1 ATTACHMENT NO. 1 Bid Form SHEET 2 OF 4 00 30 O1 North Padre Island Beach Access Roads Newport Pass Road and Zahn Road(Bond 2014 H01317Page 2 of 4 )( ) Rev 8/2019 00 30 01 BID FORM--- NORTH PADRE ISLAND BEACH ACCESS ROADS- NEWPORT PASS ROAD AND ZAHN ROAD (BOND 2014) RFB NO.2636 Item DESCRIPTIONUNIT UNIT PRICE ESTIMATED EXTENDED QUANTITY AMOUNT :1 Part D-WATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 Mobilization (Max. 5% Part D) LSI1 D2 2" PVC Waterline (SDR9) .5� ���` , LF 1100 rl . r1 UU,GV D3 2" Gate Valve (with Box and Cover) EA 2 127 (X� rLSZ:C.Oc: D4 2" 45 Degree D.I. Bend EA 2 r2 U-b ACID UDD -CO D5 2" Plug EA 3 Q ` rl"S GLam,, D6 Allowance for Unanticipated Water Improvements LS 1 $ 500.00 SUBTOTAL PART D-WATER IMPROVEMENTS(Dl THRU D6) $500.00 [BASE BID TOTAL (PARTS A - D) Part F-ATL 1-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 Mobilization (Max 5% Part F) LS 1 ✓Jj F2 Bonds and Insurance LS 1 r -G.0 r2G`U F3 Site Clearing and Stripping ACRE 1 l Vice r I (DO] r� GC F4 Ozone Days EA 1 o,a) F5 Temporary Traffic Control Portable Changeable Message Signs EA 26Lb,L-U (/ -,CC.C�, F6 Temporary Traffic Control During Construction MO 3 r ;� �L F7 Traffic Control Mobilization/Adjustment LS 1 r1 �� 0 , .(JL F8 Storm Water Pollution Prevention Plan During Construction LS 1 ��j� G� F9 Sedimentation Control Fence LF 840 ,�� SUBTOTAL PART F-ALT 1-GENERAL(F1 THRU F9) Part G-ATL 1-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Gl Mobilization (Max. 5% Part G) LS 1 -` G2 Street Excavation SY 3150 /LL- G3 7" Continuously Reinforced Concrete Pavement (CRCP) SY 7200 G4 8" Cement Stabilized Backfill Material SY 5090 G5 8" Compacted Subgrade r,3; SY 5090 , ', , �� , G6 Cement Stabilized Embankment (SHOULDER) SY 2640 � U u .� G7 Asphalt Pavement Repair SY 18 X26 ' - G8 Refl. Pavement Marking Type 1 (Y)(4")(DBL)(SOLID)(INCL. LF 2800 .. C ,' G9 Refl. Pavement Marking Type 1 (W)(4")(SOLID)(INCL. LF 5500 - I G10 Refl. Pavement Marking Type 1 (W)(24")(SOLID)(INCL. LF 14 �r7 G11 Raised Pavement Markers (Type II-A-A)(INCL. SURF. EA 69 i!r�.EU G12 Aluminum Sign (INCL. POST& FOUNDATION) EA 3 G13 jAllowance for Unanticipated Street Improvements IS 1 Is 10,000.00 $10,000.00 SUBTOTAL PART G-ALT 1-STREET IMPROVEMENTS(G1 THRU G13) �2 - ALT1TOTAL (PARTF - G) 00 TOTAL BASE BID +ALT 1 ADDENDUM NU. 1 ATTACHMENT NO. 1 Bid Form SHEET 3 OF 4 North Padre Island Beach Access Roads Newport Pass Road and Zahn Road(Bond 2014)(H17013) 00 30 O1 Page 3 of 4 Rev 8/2019 00 30 01 BID FORM--- NORTH PADRE ISLAND BEACH ACCESS ROADS- NEWPORT PASS ROAD AND ZAHN ROAD (BOND 2014) RFS NO. 2636 Item DESCRIPTION UNIT UNIT PRICE ESTIMATED EXTENDED QUANTITY AMOUNT Part E-ALT 2(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 Mobilization (Max. S% Part E) LS 1 E2 Stamp/Stained Concrete (Sta. 1+50 to Sta. 5+00) SY 1610 SUBTOTAL PART E-ALT 2(E1 THRU E2) -Liq Ll LL, 00 15q w5,W ALT 2 TOTAL (PART E) ADDENDUM NO. 1 ATTACHMENT NO. 1 Bid Form SHEET 4 OF 4 00 30 01 Page 4 of 4 ( North Padre Island Beach Access Roads Newport Pass Road and Zahn Road Bond 2014)(1-117013) Rev 8/2019 TABLE 1 -ORGANIZATION INFORMATION Or anization doinq business as: f?It ILI� Business Address of Principal WD-6 lAtrf_{Q-CL_ (-?A- Office � Office , W6-7-h• -(-)c tj�qo� Telephone No -Q%r2. Website Form of Business check one ❑ Corporation ❑ Partnership - ndividual LL- TV If a Corporation State of Incorporation Date of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnersh( Date of Organization Form of Partnership: ❑ General ❑ Limited If an Individual Name L Ownership of Organization List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, /or Organizations Percent ry Ik,C ac t! Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presentl doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year 3 Table 1 -Organization Information organization doing business as: Previous History with C of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. 1 Project Name Year 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year EMR TEMR.. Year 1�0 I EMR Previous Bidding and Construction Experience-Answer all question Yes or No. Has Bidder or a predecessor organization been debarred within the last 1-years? List debarring entities below and provide full details in a separate attachment if yes. NO L7 Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 ears? List Projects below and provide full details in a separate attachment if yes. NO LIZ Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 yeap? List Projects below and provide full details in a separate attachment if yes. NO ✓ YES Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it2 List Projects below and provide full details in a separate attachment if yes. NO ✓ YES Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10rs? List Projects below and provide full details in a y separate attachment if yes. NO � YES Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. NO YES Table 2-Project Information Organization doing business as: V Cc Proposed Pro ect Organization wyo Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Maria er, Superintendent SafetyMana er and QualityControl Manager. Position Primary Alternate Project Mana er ��,t�elL Superintendent Safety Manager L p Quality Control Manager Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Name of Entity Estimated Description of Work Percentage of Performing the Work Contract Price Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25% or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year EMR Year EMR Year EMR Subcontractor Year EMR Year EMRI Year EMR Table 3- Projects Awarded during the Last 5 Years Organization doing business as: Project Information Lu— Proje-c.t Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract # # Contract Price Price Contract Days Das Late Issues/Claims/ Litigation: o�1� Project Information Project Name I Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer =Price jnce Final Contract # # Price Contract Days Das Late Issues/Claims/ n� Litigation: Proiect Information Project Name IDescription Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract # # Contract Price Price Contract Days Das Late Issues/Claims/ Litigation: n 'ft Table 3- Projects Awarded during the Last 5 Years - Not including City of Corpus Christi Projects Organization doing business as: Protect Information Project Namen I Descriptions Reference Contact Information Project Owner C C Name/Title ELLU700 C<A..1_-7brLxL--Jr104A Telephone :?W- ;�--512tZ I Email Project -Designer Project Budget and Performance Original rL�b Final Contract i` # # Contract Price 2 Price Q, �1��I Contract 2q� Days - � Das Late Issues/Claims/ ,�1 Litigation: r u Protect Information oM Project Name Ctl no(-U1 Description Reference Contact Information Project Owner nwut ,� ,��� Name/Title Lkc 1U Telephone Email Project (� Desi ner `^� f1e- Pro Project Bud et and Performance Original � j109"b Final Contract # # Contract Price Price �t��l(vr�2� Contract L�,rr� Days Das Late Issues/Claims/ Litigation: �I Project Information Project Name Description MA Reference Contact Information Project Owner (, Name/Title Telephone b Email Project //tt Designer 1 Lv 4 1�k Project Bud et and Performance Original Final Contract # # 02 ' Contract Price Price (�(�`�i :I Contract Days Das Late Issues/Claims/ Litigation: Table 3- Projects Awarded during the last 5 Years- Not including City of Corpus Christi Projects Organization doing business as: Q•Lj, FQn Protect Information Project No Description �'�r ,• (� � t � ;u Reference Contact Information Project Owner C Name/Title U Telephone Qv5M I Email Project -Designer �"� hG�l.s'�-c €s�•7 Project Bud et and Performance Original Final Contract # # Contract Price �.ip� Price (���• Contract � Days -� Das Late Issues/Claims/ Litigation: Prosect Information Project Namef ` 1�j Description Reference Contact In ormation Project Owner l Name/Title ' Telephone 177' Email Project Designer cl, O'-7500 a Pro ect Budget and Performance Original V7C ) Final Contract . # # Contract Price b Price Contract r Days . Das Late Issues/Claims/ Litigation: V1 �19" Project Information Proj=NameAqa5 ctd-y1A_ ' Description s Reference Contact Information Project Owner kd4V\ Name/Title Telephone -a �j- Email Project -Designer Pro ect Bud et and Performance Original ��1�, inal Contract $p`� # # Contract Price Price ,�i°� Contract I i/ Days Das Late Issues/Claims/ Litigation: A/6 Table 4-Safety Record Questionnaire and Statement of Bidder's Safety Experience Or anization doing business as: (L.h. (lt't(, - y�V-L Bidder's Safeiy Record and Ex erlence Has the Bidder received any Citations for violations of OSHA within the past five years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final dispositio of the violation or offense, if any, and the penalty assessed. NO YES Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, t} final disposition of the violation or offense, if any, and the penalty assessed. NO YES Has the Bidder,within the past ten years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily' injury or death? List convictions or gments below and provide full details in a separate attachment if yes. NO YES The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder. The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits 1 Does the Bidder have a written construction safety program? es ❑ No 2 Does the Bidder conduct regular construction site safety es ❑ No 3 Does the Bidder have an active construction safety training es ❑ No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding ❑ Yes ❑ No r`l/A B. Excavation es ❑ No ❑ N/A C. Cranes & Hoists ❑ Yes ❑ No /A D. Electrical ❑ Yes ❑ No uAIA Now FTable -Safety Record Questionnaire and Statement of Bidder's Safety Experience Or anization oing business el-j. RWC414r 111, MOO LI(- E. Fall Protection V Yes ❑ No ❑ N/A F. Confined Spaces e''es ❑ No ❑ N/A G. Material Handling V`Yes ❑ No ❑ N/A H. Demolition e,'Yes ❑ No ❑ N/A I. Steel Erection ❑ Yes ❑ No e?'N/A J. Underground Construction ceYes ❑ No ❑ N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North 5 American Industrial Classification System ("NAICS") Category 23 ❑ Yes ❑ No for each of the past five years? Provide the Bidder's OSHA 300 and 300A logs for the past five years in a separate attachment. Does the Bidder have an experience modifier rate of 1.0 or less? 6 Provide the Bidder's NCCI workers' compensation experience ❑ Yes ❑ No rating sheets for the past five years in a separate attachment. Has the Bidder had any OSHA inspections within the past six 7 months? Provide documentation showing the nature of the inspection, the findings, and the magnitude of the issues in a ❑ Yes o separate attachment if yes. Table 5 - Demonstrated Minority, MBE, DBE Participation Organization doing business as Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority / MBE / DBE Participation Policy Name Work to be Provided Estimated % of Contract Price i CERTIFICATION Sc o� a By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the `1852° individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: (� rj, �Q,r(( ('(;r�1 inLAC?6 y-1 / (typed or printed) By. L- (individual's signature) Name: KW AA,=M PQ U`1L- (typed or printed) Title: (typed or printed) Designated Representative: Name: Ovei, Title: —cQyU)A n C41'e-j/ Address: Telephone n No.: �'QIwI�� - Email: Jw? -r� END OF SECTION � USC� CITY OF CORPUS CHRISTI ow DISCLOSURE OF INTEREST RFB No. 2636 NORTH PADRE ISLAND BEACH ACCESS ,yCO PON it ROADS - NEWPORT PASS ROAD AND ZAHN 1852 ROAD (BOND 2014) - PROJECT H17013 Corpus Christi Code § 2-349, 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 next page for Filing Requirements, Certification and Definitions. COMPANY NAME: 1`• �, ��{� Co�,� �I ,-.��J,;'�� �1�! P.O. BOX: STREET ADDRESS: ACS 11v ,1 CITY: Mt 0A��n� STATE: ZIP: FIRM IS: 1. Corporation ❑ 2.Partnership El 3. 3.Sole Owner El4. Association ❑ 5.Other 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 i�l1k 11/� 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 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 n l� ()/a 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 City 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 I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: �,�► y Y � � Title: Signature of Certifying Person: `£� Date: ( Ln C� ous� CITY OF CORPUS CHRISTI 04 1ra CONTRACTS AND PROCUREMENT DEPARTMENT BUSINESS DESIGNATION FORM 1852 sg2 RFB No. 2636 NORTH PADRE ISLAND BEACH ACCESS ROADS - NEWPORT PASS ROAD AND ZAHN ROAD (BOND 2014) - PROJECT H17013 ENSURE THIS FORM IS SUBMITTED WITH YOUR BID RESPONSE PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOWING: P YES ❑ NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC ❑ BLACK HISPANIC ❑ NATIVE AMERICAN ❑ WOMAN Please visit the following website for information on becoming a Texas Certified HUB: httip://www.window.state.tx.us/r)rocurement/proci/hub/ ❑ YES ❑ NO - LOCAL SMALL BUSINESS (LSB) A for-profit entity employing less than 49 employees located within the City limits of Corpus Christi,Texas ❑ YES ❑ NO OTHER (PLEASE SPECIFY): ❑ THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE INFORMATION REQUESTED IN THIS FORM IS FOR STATISTICAL REPORTING PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR THE AMOUNT OF MONIES EXPENDED WITH ANY GIVEN COMPANY. Firm Name: Q�l� �nl� / r ,nL;a/� i / Telephone: N,-1z6q- Address: (�ty? "Irl 0-4 Fax: QI- C% i City: l � U1�►ri l State: ''nG Zip: (M6 E-mail: "W&.9 n1a CD J f fDr*tYCk4�ItrucjjIA.f�y� ,S ✓L.� Date: -r�—1 SignaturePerson Authorized to Sign Form Signer's Name: 0�rb � Title: ry f r1 D(L;, (Please print orlype) - "�1 Go vSC CITY OF CORPUS CHRISTI ow �� Ethical Behavior Form RFB No. 2636 v NORTH PADRE ISLAND BEACH ACCESS '"4flPOPEROADS - NEWPORT PASS ROAD AND ZAHN 1i2 ROAD (BOND 2014) - PROJECT H17013 By submission of its bid, the Bidder promises that Bidder's officers, employees, and agents will not attempt to lobby or influence a vote or recommendation related to the Bidder's proposal submitted in response to this RFB, directly or indirectly, through any contact with City Council members or other City officials between the date this RFB is released to the public and the date a Contract is executed by the City Manager or designee. Such behavior will be cause for reiection of the Bidder's bid at the discretion of the City Manager or designee Indicate your written assurance that your Firm's officers, employees, or agents will not attempt to lobby or influence a vote or recommendation related to the Firm's RFB response. 1, 5. Ch-fIL-C v confirms no officers, employees, and/or agents will attempt to lobby or influence a vote or recommendation related to the Firm's RFB response; directly or indirectly, through any contact with the City Council Members or other City officials between the RFB submission date and award by the City Council. Name: Cu nw J. R r Title: Signature: Company: `>, !�'i���L� i� �01'1 t� '1 mate: II -`1-l`'1 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants,and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, EC)CUrl , certifies or affirms the truthfulness and accuracy of each statemenl of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certif loon and disclosure, if any. Signatur of Contractor's Authorized Official Name and Ti e of Contractor's Authorized Official U- f)—yi Date BID BOND KNOWALL MEN BY THESE PRESENTS,that we R.S. Parker Construction, LLC as Principal, hereinafter called the Principal, and Hudson Insurance Company a corporation duly organized under the laws of the State of Delaware as Surety, hereinafter called the Surety, are held and firmly bound unto City of Corpus Christi as Obligee, hereinafter called the Obligee, in the sum of Five Percent Greatest Amount Bid Dollars($5% G.A.B. for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted bid for North Padre Island Beach Access Roads-Newport Pass Road and Zahn Road Bond 2014)Project H17013-RFB No. 2636 NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documentswith good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 8TH day of November 2019 /,� R.S. Parker Construction, LLC � � "' �f incipal) (Seal) ( Hess) (Title) Hudson Insurance Company (Su ty) eal) (Witness) By: ( itle) Tricia Ba long,ATTY IN FACT Printed in cooperation withthe American Institute of Architects(AIA) 4 The language in this document conforms exactly to the language used in AIA Document A310-Bid Bond-February 1970 Edition, ' t r iNSUILAI+ICG GEt4U1'� BID BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY,a corporation of the State of Delaware,with offices at 100 William Street,New York,New York, 10038,has made,constituted and appointed,and by these presents,does make,constitute and appoint Aaron Jay Endris,Mary Ellen Moore,Cathleen Hayles,Tracy L.Miller,William Blanchard, Sandra Kay Blair,William Mitchell Jennings,Alicia Grumbles,Tricia Balolong of the State of Texas its true and lawful Attomey(s)-in-Fact,at New York City in the State of New York,each of them alone to have full power to act without the other or others,to make,execute and deliver on its behalf,as Surety,bid bonds for any and all purposes. Such bid bonds,when duly executed by said Attomey(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof,HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto �e-P�II orized,on this 4th da of g;�' �.• Y 1�ilazch ,20 16 at New York,New York. SEAL ra. seal) 1918 t' °at�WAPE HUDSO NSU CE COMPANY ,,,e,•• Attest.., ... . . l,.tt,.....4.1...11.u.'..... By.... DtnaD a s,Corporate Secretary "' .. .. ... ""•••••• ......••••••. Christopher T.Suarez, uti Vice sident STATE OF NEW YORK COUNTY OF NEW YORK SS. On the 4th day of March 20 16 before me personally came Christoph r T.Suarez to me known,who being by me duly swom did depose and say that he is an Executive Vice President of HUDSON INSURANCE COMPANY,th Company described herein and which executed the above instrument,that he knows the seal of said Company,that the seal affixed to said instrument is the corp ate seal of said Company,that it was so affixed by order of the Board of Directors of said Company,and that he signed his name thereto by like order. \\\glllllllllll// `\X\\t�0MURPHY /viii i °.......° /ice ANN (Notarial Seal) \�� Q�;��Sg10N f�p�.� Notary Public,State of ew Yor oQe bat 10,'Po 90�. No.OIMU6067553 Q m ;* Qualified in Nassau County Commission Expires December 10,2017 % :. 9UALI � CERTIFICATION STATE OF NEW YORK�' '..NgSS COUNTY OF NEW YOR;17"ii�� The undersigned Dina Dkis hereby certifies: THAT the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27'h,2007,and has not since been revoked,amended or modified: "RESOLVED,that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion,to appoint such agent or agents,or attorney or attorneys-in-fact,for the purpose of carrying on this Company's surety business,and to empower such agent or agents, or attorney or attorneys-in-fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognizances,whether made by this Company as surety thereon or otherwise, indemnity contracts,contracts and certificates, and any and all other contracts and undertaking made in the course of this Company's surety business,and renewals,extensions,.agreements,waivers,consents or stipulations regarding undertakings so made;and FURTHER RESOVLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,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 upon the Company with the same force and effect as though manually affixed." ,,;-atassaaq�, THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the oj*illl an said Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors{Lt fid••��a�.t Power of Attorney is now in force. as: a .r, 2019 Ott; r oo.oPvo4�F o'tness the hand of the undersigned and the seal of said Company this 8TH day o November j F^ . S1918 CC18 LL /'}� • (✓ /� , ..........,,M,."'• ina Daskalakis,Corpo a Secretary l� « Foran Bid 8 2010(v 1) - �r i" Yi iC'7 SC 0 � N U yea na o n n+e� 1$52 00 52 23 AGREEMENT This Agreement, for the Project awarded on January 28, 2020, is between the City of Corpus Christi (Owner) and R.S. Parker Construction, LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014) (Prosect No. H17013) ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Govind Development, LLC 9510 Leopard Street Corpus Christi,TX 78410 chale@govinddevelopment.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd.—Bldg. #5 Corpus Christi,Texas 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 150 days (Base Bid and Additive Alternate) after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Agreement 005223- 1 North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014) (H17013) Rev 8/2019 Paragraph 17.16 of the General Conditions within 180 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each, are as defined in Section 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,000 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid plus Alternate No. 1 $ 1,337,185.02 Agreement 005223- 2 North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014) (1-117013) Rev 8/2019 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement 005223-3 North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014) (H17013) Rev 8/2019 ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. Agreement 005223-4 North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014) (H17013) Rev 8/2019 I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014) (1-117013) Rev 8/2019 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI DiglaN:,signed by ReSecca Cb,d DRe bdbH a—Cb, C.-p-Ch-11to=cny Digitally signed by Michael Rodriguez s—bb,ry,am,mea-n@,--,.,,—e Michael Rod rl g U eZ Date:2020.02.24 14:45:01-06'00' Da,e:2020.02.25 10 48:22-06 00 Rebecca Huerta Michael Rodriguez City Secretary Chief of Staff Ord. 032007 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 01—28-2020 Digitally signed by Kent Mcllyar DN:cn=Kent Mcllyar,c,ou, p LJ /� R Digitally signed by RH/AB email=kentmc@cctexas.com,c=us R r I l'1 U Date:2020.02.24 16:41:53-06'00' Date:2020.02.17 16:21:42-06'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Da n n a S m a Digitally signed by Danna Syma Y Date:2020.01.31 11:06:24-06'00' R.S. Parker Construction, LLC Rodney S. Parker Digitally signed by Rodney S.Parker (Seal Below) By: y Date:2020.01.3111:05:44-06'00' Note: Attach copy of authorization to sign if Title: Manager person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 455 Hereford Financial Officer Address Corpus Christi, TX 78408 City State Zip 361 -289-0222 361 -289-2413 Phone Fax rodney@rsparkerconstruction.com EMail END OF SECTION Agreement 005223-6 North Padre Island Beach Access Roads—Newport Pass Road and Zahn Road (Bond 2014) (1-117013) Rev 8/2019 00 6113 PERFORMANCE BOND BOND NO, HICSW-10-A210-0072 Contractor as Principal Name: R.S. Parker Construction, LLC Mailing address (principal place of business): 455 Hereford Road Corpus Christi TX 78408 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Protect No. H17013 North Padre Island Beach Access Roads Newport Pass Road and Zahn Road (Bond 2014 Award Date of the Contract: January 28, 2020 Contract Price: $1,337,185.02 Bond Date of Bond: February 10, 2020 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: Hudson Insurance Company Mailing address (principal place of business): 100 William Street, 5th Floor New York, New York 10038 Physical address (principal place of business): 100 William Street, 5th Floor New York, New York 10038 Surety is a corporation organized and existing under the laws of the state of: Delaware By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 903-327-9023 Telephone (for notice of claim): 800-388-3647 Local Agent for Surety Name: Higginbotham- Aaron Endris Address: 500 N. Shoreline, 1200 Corpus Christi, TX 78401 Telephone: 361-883-1711 Email Address: aendris@higginbotham.net The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond 00 6113 -1 North Padre Island Beach Access Rds Newport Pass/Zahn Rd (Bond 2014) — Proj H17013 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Prin ' • al Signature: / Surety Signature: 2-.k2 .112/--- Name: Rodney S. Parker Name: Tricia Balolong Title: Manager Title: Attorney -in -Fact Email Address: Email Address: tbalolong@higginbotham.net rodney@rsparkerconstruction.com (Attach Power of Attorney and place surety seal below) 54'asp G ' -c.3;t: •/i, V a V P li ,i`1`O •. I`iJ11111171717‘' END OF SECTION Performance Bond North Padre Island Beach Access Rds Newport Pass/Zahn Rd (Bond 2014)— Proj H17013 006113-2 7-8-2014 ._ice ►?'�`.,� a'''l l�. , t. 1 C/ H 1 \ '51 I .\U\tit 1St. i RA )t 11' POWER OF ATTORNEY HICSW-10-A210-0072 KNOW ALL MEN BY TIIESE PRESENTS: That 1IUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Aaron Jay Endris, Mary Ellen Moore, Cathleen Bayles, Tracy L. Miller, William Blanchard, Sandra Kay Blair, William Mitchell Jennings, Alicia Grumbles, Tricia Balolong of the State of Texas its true and lawful Attorney(s)-in-Fact, at Ncw York, New York, each of thein alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of thc penal sum thereof in excess of the sum of Ten Million Dollars (S10,000,000.00). Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact, shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. in Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly authorized, on this 4th day of March , 20 16 at New York, Ncw York. c s I) HUDSON INSURANCE COMPANY orporate Secretary STATE OF NEW YORK COUNTY OF NEW YORK. SS. 13y Christopher T. Suarez Executive Vice President On the 4th day of March , 20 16 before nu personally came Christophc depose and say that he is an Executive Vicc President of HUDSON INSURANCE COMPANY, the instrument. that he knows the seal of said Corporation. that the scat affixed to said instrument is such c Directors of said Corporation, and that he is name thereto by like order. (Notarial Scall � �XPIAF y K�:ti �1. ' i !RPII .7 ; 40' 2011 •. Notary Public, Stat '.oP6w York 2 o� � :•> v. No. 0I MU6067553 • O m a Qualified in Nassau County Commission Expires December 10, 2017 • 0,31 ' \ STATE OF NEW YORK * 4$' COUNTY OF NEW YORK 40111111111\\\ The undersigned Dina Daskalakis hereby certifies: That thc original resolution. of which the following is a true and correct copy, was duty adopted by unanimous written consent of the Board of Directors of 1ludson Insurance Company dated July 27i", 2007, and has not since been revoked, amended or modified: "RESOLVED. that the Prestdent. the Executive Vicc Presidents. the Senior Vice Presidents and the Vicc Presidents shall have the authority and discretion. to appoint such agent or agents, or attorney or attorneys -in -fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents. or attorney or attorneys -in -fact. to execute and deliver, under this Company's seal or otherwise. bonds obligations. and recognizances, whcthcr made by this Company as surety thereon or otherwise. indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business. and renewals. extensions. agreements. waivers. consents or stipulations regarding undertakings so made: and FURTHER RESOVI.ED, that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond. undertaking. recognizance. contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whcthcr heretofore or hereafter. being hcrcby adopted by thc Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed" THAT the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company. and of the .whole '0 the original and that thc said Power of Attorney is still in full force and clTcct and has not been revoked, and titrthermore that the Resolution of the Board of flir.etnrs, cet forth in the said 1eryyi Attorney is now in force. I O� ..... c� !I �oC�ba.oq�, o Witness the hand of the undersigned and the seal of said Corporation this day ^ & r. 2C :ti ( �gbra'' al) fl /. na Daskalakis, Corp T. Suarez to me known, who being by me duly sworn did rporation described herein and which executed the above orate seal, that it was so affixed by order of the Board of CERTIFICATION Foran PcrfA I0 3 2010 (v1) n /j? 7 C Secret b _ A 21v 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your (title) at (telephone number). 3. You may call Hudson Insurance Company's toll- free telephone number for information or to make a complaint at: 1-800-388-3647 4. You may also write to Hudson Insurance Company at: 100 William Street, 5th Floor New York, NY 10038 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectiongtdi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). Usted puede Hamar al numero de telefono gratis de Hudson Insurance Company's para informacion o para someter una queja al: 1-800-388-3647 Usted tambien puede escribir a Hudson Insurance Company al: 100 William Street, 5th Floor New York, NY 10038 Puede Comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 00 6116 PAYMENT BOND BOND NO, HICSW-10-A210-0072 Contractor as Principal Name: R.S. Parker Construction, LLC Mailing address (principal place of business): 455 Hereford Road Corpus Christi, TX 78408 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Protect No. H17013 North Padre island Beach Access Roads Newport Pass Road and Zahn Road (Bond 20141 Award Date of the Contract: January 28, 2020 Contract Price: $1.337.185.02 Bond Date of Bond: February 10, 2020 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: Hudson Insurance Company Mailing address (principal place of business): 100 William Street, 5th Floor New York, New York 10038 Physical address (principal place of business): 100 William Street, 5th Floor New York, New York 10038 Surety is a corporation organized and existing under the laws of the state of: Delaware By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 603-327-9023 Telephone (for notice of claim): 800-388-3647 Local Agent for Surety Name: Higginbotham- Aaron Endris Address: 500 N. Shoreline, 1200 Corpus Christi, TX 78401 Telephone: 361-883-1711 Email Address: aendris@higginbotham.net The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form 00 61 16 -1 North Padre Island Beach Access Rds Newport Pass/Zahn Rd (Bond 2014) — Pro) H17013 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Pril Signature: / S/€ Name: Rodney S. Parker Title: Manager Email Address: rodney@rsparkerconstruction.com Surety Signature: Name: Title: Tricia Balolong Attorney -in -Fact Email Address: tbalolong@higginbotham.net (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form North Padre Island Beach Access Rds Newport Pass/Zahn Rd (Bond 2014) — Proj H17013 006116-2 7-8-2014 HUDSON 11'1t tKAN ! t ,R( 1t'1' POWER OF ATTORNEY HICSW-10-A210-0072 KNOW ALL MEN BY TIII:SE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed. and by these presents, does make, constitute and appoint Aaron Jay Endris, Mary Ellen Moore, Cathleen Hayles, Tracy L. Miller, William Blanchard, Sandra Kay Blair, William Mitchell Jennings, Alicia Grumbles, Tricia Balolong of the State of Texas its true and lawful Attorneys) -in -Fact, at New York, Ncw York, each of these alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes. also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars (S 10,000,000.00). Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact, shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly authorized, on this 4th day of March , 20 16 at New York, Ncw York. to s• U HUDSON INSURANCE COMPANY •oo:. 4P n��. . 4 7 /L (61 S 1918 r '.Matta kalakis orporatc Secretary STATE OF NEW YORK COUNTY OF NEW YORK. SS. Christopher T. Suarez Executive Vice President On the 4th day of March , 20 16 before etc personally came Christoph depose and say that he is an Executive Vicc President of HUDSON INSURANCE COMPANY, the instrument, that he knows thc seal of said Corporation. that the seal affixed to said instrument is such c Directors of said Corporation, and that he sign .bis name thcrcto by like order 1 /.9���i . �EXPtRFs ••'� �y�yy��'. ��\O Q, 20 i% ••• � (Notarial Seal) STATE OF NEW YORK 'C• ••� ••• moott t W`)=•Q CERTIFICATION T. Suarez to me known, who being by me duly swoon did trporation described herein and which executed the above orate seal, that it was so affixed by order of the Board of X!Cti T. NiURPII Notary Public, Stat Nu. 01 MU6067553 Qualified in Nassau County Commission Expires December 10, 2017 ew York COUNTY OF NEW YORKel//rytitiitill��1� The undersigned Dina Daskalakis hereby certifies: That the original resolution. of which the following is a true and correct copy. was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27'x', 2007, and has not since been revoked, amended or modified: "RESOLVED. that the President, the Executive Vice Presidents. the Senior Vicc Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys -in -fact, for thc purpose of carrying on this Company's surety business, and to empower such agent or agents. or attorney or attorneys -in -fact. to execute and deliver, under this Company's seal or otherwise. bonds obligations, and rocognizanccs, whether made by this Company as surety thereon or otherwise. indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business. and renewals. extensions. agreements. waivers, consents or stipulations regarding undertakings so made; and FURTHER RESOVLED. that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance. contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter. being hereby adoptcd by thc Company as thc original signature of such officer and the original seal of the Company, to be valid and binding upon tare Company with the sante force and effect as though manually affixed:" THAT the above and foregoing is u full. tore and correct copy of Power of Attorney issued by said Company. and of the .whole 'of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of pirccrnrs, Set forth in the said Attorney is now in force. / O� Na�,i$•`'„ Witness the hand of the undersigned and the seal of said Corporation this j 2s; -2.-u( Ara ' •al) t By Foran PcrfA 10 8 2010 (v1) day A .,/' na Daskalakis, Corpurale Secretary • ..-1/4," n !' � ; .. fit ,%:? n 1 ff I r� nn - �� -'r I�= 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your (title) at (telephone number). 3. You may call Hudson insurance Company's toll- free telephone number for information or to make a complaint at: 1-800-388-3647 4. You may also write to Hudson Insurance Company at: 100 William Street, 5th Floor New York, NY 10038 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). Usted puede Hamar al numero de telefono gratis de Hudson Insurance Company's para informacion o para someter una queja al: 1-800-388-3647 Usted tambien puede escribir a Hudson Insurance Company al: 100 William Street, 5th Floor New York, NY 10038 Puede Comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 2/13/2020 Higginbotham Insurance Agency,Inc. PO Box 870 Corpus Christi TX 78403-0870 Nicole Sistrunk 361-573-9151 361-573-1616 nsistrunk@higginbotham.net Gemini Insurance Company 10833 RSPAR Columbia Mutual Insurance Company 40371R.S.Parker Construction,LLC 455 Hereford Road Corpus Christi TX 78408 First Mercury Insurance Company 10657 Texas Mutual Insurance Company 22945 Westchester Surplus Lines Ins Co 10172 281283207 A X 1,000,000 X 50,000 5,000 1,000,000 2,000,000 X VIGP019109 4/12/2019 4/12/2020 2,000,000 B 1,000,000 X X X CAPTX0000010769 4/12/2019 4/12/2020 C X 1,000,000 X ILEX000007254003 4/12/2019 4/12/2020 1,000,000 D X00011675174/12/2019 4/12/2020 1,000,000 1,000,000 1,000,000 B E Contractors Equipment Pollution Liability CAPTX0000010769 G71785701001 4/12/2019 2/13/2020 4/12/2020 2/13/2021 Leased or Rented Any One Item Pollution $250,000 $1,000,000 . See Attached... Govind Development,LLC 9510 Leopard St. Corpus Christi TX 78410 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: RSPAR 1 1 Higginbotham Insurance Agency,Inc.R.S.Parker Construction,LLC 455 Hereford Road Corpus Christi TX 78408 25 CERTIFICATE OF LIABILITY INSURANCE The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract or agreement between the insured and certificate holder that requires such status per Additional Insured –Owners,Lessees or Contractors –Scheduled Person or Organization CG 20 10 04 13 &Additional Insured –Owners,Lessees or Contractors –Completed Operations CG 20 37 04 13.The General Liability policy includes a primary &non-contributory provision only when there is a written contract between the insured and certificate holder that requires such provision per Primary and NonContributory -Other Insurance Condition CG 20 01 04 13.The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it per Waiver of Transfer of Rights of Recovery Against Others To Us CG 24 04 05 09.The General Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium per Notice of Cancellation By Us To Additional Insureds When Required by Written Contract VE 08 17 03 17. The Commercial Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract or agreement between the insured and certificate holder that requires such status per Business Auto Premier Endorsement CA-500 (7-09).The Commercial Auto policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it per Business Auto Premier Endorsement CA-500 (7-09).The Auto policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium per Texas Cancellation Provision or Coverage Change Endorsement CA-105TX (4-12). The Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it per Texas Waiver of Our Rights to Recover from Others Endorsement WC 42 03 04 B.The Workers Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium per Texas Notice of Material Change Endorsement WC 42 06 01. The Pollution Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium per Notice of Cancellation to Specific Parties Endorsement ENV-3126 (08-11). Project:City of Corpus Christi,North Padre Island Beach Access Roads Newport Pass Road and Zahn Road Project No.:H17013