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HomeMy WebLinkAboutC2009-094 - 2/10/2009 - Approved2009 -094 M2009 -033 02/10/09 H-1 &G Contractors SPECIAL P R O V I S I O N S S P,E C I F.I C A T I' O N S A N ;D F O R M S OF C O N T R A C T S A ff D B O N D S ' FOR K DRLINA STORM- WATER U ?ART ANT CITY OF CORPUS C}I.RISTI, TEXAS, Phone ;2,67/ 6x1-875° Fax;'' 361'/ 26- 1889' DE?ARTMENT Ot ENdXp_, G Sl?VIONS CYTY ;OF' 'TEXAS hbfle 61/626 -3506 ` Fair 361•/826 -3501' S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 2 *A1/4P.kOFTfeep 1If/2J for Sic *i DAVID WILLIAM REAGAN••A ail 09• q 572870 ; iii 1 0 lk •,•crs�eA. %;: OR STORM WATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -1875 Fax: 361/826 -1889 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -3500 Fax: 361/826 -3501 IPROJECT NO: 2270 1 DRAWING NO: STO 534 TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 2 PROJECT NO. 2270 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised Sept. 2000) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage for Building or Construction Projects for Government Entities PART 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 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 (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A -17 Field Office A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A -21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inopecti n Required (Rcviocd 7/5/00) (NOT USED) A -24 Surety Bonds ]A 25 Sales Tax Excmpti n NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements 11 27 Reap ncibility for Damage Claims (NOT USED) A -28 Considerations for Contract Award and Execution A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 1\ 35 City Water Facilities Special Rcquircmcnto (NOT USED) A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities Rev. 12/2/99 Page 1 of 3 A -40 Amendment to Section B -8 -6: Partial Estimates (NOT USED) A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) A -16 Disposal of Highly Chlorinatcd Water (7/5/00) (NOT USED) A -47 Pre - Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Additional Work PART B — GENERAL PROVISIONS PART C — FEDERAL WAGE RATES AND REQUIREMENTS PART S — STANDARD SPECIFICATIONS 021 SITE PREPARATION 021010 Project Signs (Includes 2 Diagrams) 021020 Site Clearing & Stripping S5 021040 Site Grading S6 021080 Removing Old Structures S55 022 EARTHWORK 022020 Excavation & Backfill for Utilities & Sewers S9 022022 Trench Safety for Excavations 022040 Street Excavation S10 022060 Channel Excavation S11 022080 Embankment S13 022100 Select Material S15 022420 Silt Fence S97 025 ROADWAY 025205 Pvmt. Repair, Curb, Gutter, Sdwk. Dwy. Replacement 025222 Flexible Base High Strength S24A 025412 Prime Coat (Asphalt Material Only) S30 025404 Asphalts, Oils, & Emulsions S29 025412 Prime Coat S30 025424 Hot Mix Asphalt Concrete Pavement (Class A) S34 025608 Inlets S63 025802 Temporary Traffic Controls During Construction 027 SEWERS & DRAINAGE 027202 Manholes S62 027402 Reinforced Concrete Pipe Culverts S60 027610 Televised Inspection of Conduits 028 SITE IMPROVEMENTS & LANDSCAPING 028300 Fence Relocation 512 03 CONCRETE, GROUT 030020 Portland Cement Concrete S40 Rev. 12/2/99 Page 2 of 3 032020 Reinforcing Steel S42 (Includes Diagram) 037040 Epoxy Compounds S44 038000 Concrete Structures S41 050 METALS 055420 Frames, Grates, Rings, & Covers S5 PART T TECHNICAL SPECIFICATION& (NOT USED) SECTION LIST OF DRAWINGS SHT 1 COVER SHEET SHT 2 QUANTITY, TESTING, NOTES SHT 3 SUNTIDE DRAINAGE PLAN & PROFILE STA. 0 +00 TO 5 +00 SHT 4 42" RCP PLAN & PROFILE STA. 0 +00 TO 5 +00 SHT 5 42" RCP PLAN & PROFILE STA. 5 +00 TO 10 +00 SHT 6 42" RCP PLAN & PROFILE STA. 10 +00 TO 15 +00 SHT 7 DRAINAGE SWALE PLAN & PROFILE STA. 0 +00 TO 5 +00 SHT 8 DRAINAGE SWALE PLAN & PROFILE STA. 5+00 TO 8 +00 SHT 9 42" RCP HEADWALL /CHANNEL DETAILS SHT 10 HEADWALL /CHANNEL REBAR PLAN, EROSION CONTROL DETAILS SHT 11 CITY STORMWATER STD DETAILS SHT 12 CITY STORMWATER STD DETAILS SHT 13 TRAFFIC CONTROL PLANS - PERIMETER SIGNAGE SHT 14 DETAILED TRAFFIC CONTROL PLANS NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Rev. 12/2/99 Page 3 of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 2, PROJECT NO. 2270; This project consists of construction of 1518 LF of 42 "RCP, 72 LF of 18" RCP, 275 LF of 15" RCP, associated manholes and inlets, 710 LF of drainage swale excavation, and asphalt pavement repair. All in accordance with the plans, specifications and contract documents. Will be received at the office of the City Secretary until 2:00 p.m. Wednesday, December 17, 2008 , and then publicly opened and read. Any bid received atter closing time will be returned unopened. A pre -bid meeting will be held on Tuesday, December 9, 2008 beginning at 10:00 a.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas and will include discussion of the project elements. 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 Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition 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/ Kevin Stowers, Interim Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised September, 2000 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 Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations 6. Hazard 7. Contractual Insurance 8. Broad Form Property Damage 9. Independent Contractors 10. Personal lnjury $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 $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -tem 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 • REQUIRED X NOT REQUIRED Page 1 of 2 OThe City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. OThe name of the project must be listed under "description of operations" on each certificate of insurance. OFor 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 880 -3500. Page 2 of' 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page1of11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER 13 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 defined 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 govemmental 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 3of11 (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 prior 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 all 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 be 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 5 of 11 (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 (Ii) 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 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. 11 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. L. 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) not, jy 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 se f insured, with the commission's Division of Sellf. 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 TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 2 PROJECT NO. 2270 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, December 17, 2008. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL -TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 2, PROJECT NO. 2270 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 nonresponsive. 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 pre -bid meeting will be held on TUESDAY, December 9, 2008, beginning at 2:00 P.M. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. 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 TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 2, PROJECT NO. 2270; This project consists of construction of 1518 LF of 42 "RCP, 72LF of 18 "RCP, 275LF of 15 "RCP with associated manholes and inlets, ,710 LF of drainage Swale excavation, and asphalt pavement repair within the Till Creek drainage area near Suntide Road at Bearden Drive. All in accordance with the plans, specifications and contract documents. A -4 Method of Award The bids will be evaluated based on the Total Base Bid, subject to the availability of funds. 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. Section A - SP (Revised 12/15/04) Page 1 of 22 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 TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 2, PROJECT NO. 2270 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 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, $100 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. 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. Section A - SP (Revised 12/15/04) Page 2 of 22 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 caoc of conflict, 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 (1)) 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 Texas One -Call System 1 -800- 245 -4545, 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. City Engineer 826 -3500 Project Engineer 882 -5521 Bass & Welsh Engineering Traffic Engineer 826 -3540 Police Department 882 -1911 Water Department 826 -1880 (826 -3140 after hours) Wastewater Department 826 -1818 (826 -3140 after hours) Section A - SP (Revised 12/15/04) Page 3 of 22 Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP SBC / A T & T Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) CenturyTel ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 885 -6900 826 -1881 826 -3461 826 -1970 299 -4833 881 -2511 857 -1946 857 -5000 887 -9200 225/214 -1169 881 -5767 512/935 -0958 972/753 -4355 (885 -6900 after hours) (826 -3140 after hours) (361/693 -9444 after hours) (800- 824 -4424, after hours) (857 -1960) (857 -5060 after hours) (Pager 800 - 724 -3624 (225/229 -3202 (M) (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 shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. 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. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. Section A - SP (Revised 12/15/04) Page 4 of 22 The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Trackin• 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 to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. 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. A -17 Field Office NOT USED field officc at thc conotruction cite. Thc field office muot contain at lcaot 120 oquarc fcct of uocablc opacc. The field office muot be air conditioned and heated and muot be furniohcd with an inclined table that mcaourco at lcaot 30" x GO" and two (2) chairo. Thc Contractor ohall move thc field ceparatc pay item for thc field fficc. Section A - SP (Revised 12/15/04) Page 5 of 22 A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on cALfmax 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. 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. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. 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 a 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 Section A - SP (Revised 12/15/04) Page 6 of 22 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. Following is the minimum schedule of documentation required: Strccto: • Curb and guttcr flow lint both oidco of otrcct on a 200' intcrval; • Street crowns on a 200' intcrval and at all intcroccti no. Waotcwatcr. • All rim /invcrt cicvationo at manholco; Watcr: • All top of valvco b..x, • Valvco vaults rim; 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 The Contractor must following drawings. construction begins the Contractor. The the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) furnish and install 1 Project signs as indicated on the (Attachment I) The signs must be installed before and will be maintained throughout the Project period by location of the signs will be determined in the field by 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. Section A - SP (Revised 12/15/04) Page 7 of 22 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 (10 %) 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 (NOT USED) Cection B C 22, Tax Exemption Provioi n, io deleted in ito entirety and the following eubotitutcd in lieu thereof. Chrioti do not qualify for cxcmptiono of Salco, Excioc, and Use Taxco unlcoo thc Contractor ciccto to operatc undcr a ocparatcd contract ao defined by Ccction 3.291 of Chaptcr 3, Tax Adminiotration of Title 31, Public Finance of thc Texao Administrative Codc, or ouch other rulco r regulationo ao may bo promulgated by thc Comptroller of Public Accounto of Tcxao. If thc Contractor ciccto to operatc under a ocparatcd contract, he ohall: 1. Obtain the necessary salvo tax permito from thc Ctatc Comptroller. 2. Identify in thc appropriate apace on thc "Ctatcmcnt of Materialo and incorporated into thc Project. 3. Provide rcoalc ccrtifiaatco to oupplicro. propooal value of matcrialo. Section A - SP (Revised 12/15/04) Page 10 of 22 Ai aloo complico with the abovc rcqu 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 Section A - 8P (Revised 12/15/04) Page 11 of 22 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 NOT USED io amended to include. covcragc for thc term of thc Contract up to and including thc date the Floater covcragc muot be an "All Riok" form. Contractor muot pay all cooto ncccooary to procure ouch Euildor'o Riok or Inotallation Floater inourancc covcragc, including any deductible. The City muot be named additi nal inourcd on any p licico providing ouch inourancc 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 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 basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no 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. Section A - SP (Revised 12/15/04) Page 12 of 22 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. 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 proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. 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. 6. 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. Section A - 8P (Revised 12/15/04) Page 13 of 22 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. 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; 7. 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; 8. 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. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, 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. Section A - SP (Revised 12/15/04) Page 14 of 22 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. 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 (NOT USED) A. Vioitor /Contractor Oricntation Prior to performing work at any City watcr facility, the Contractor, hio oubcontractor°, and each of thcir cmploycco muot havc on thcir ',croon a valid and certifying thcir prior attendance at a Vioitor /Contractor Cafcty Orientation Program conducted by the City Water Dcpartmcnt Peroonnel. A Vioitor /Contractor Cafcty Oricntation Program will be offered by authorized City Watcr Department peroonncl for thooc persons who do not have ouch a card, and who dcoirc to perform any work within any City watcr facility. For additi nal information rcfcr to Attachment 1. The Contractor ohall not otart, operate, or otop any pump, motor, valve, cguipmont, °witch, brcakor, control, or any other item related to City orator facility at any time. All ouch itcmo muot be operatcd by an operator or other authorized maintenance employee of thc City Water Dcpartmcnt. C. Protection of Water--Quality The City muot dclivcr watcr of drinking quality to its cuot mcro at in thc job oitc and ohall coordinatc ito work with thc City Watcr Dcpartmcnt to protcct thc quality of thc water. All matcrialo and equipment uocd in thc repair, rcaoocmbly, transportation, rcinotallation, and inopection of pumpo, or any thor itcmo, which could comc int contact with potablc water, muot conform to American National Standardo Inotitutc /National Sanitation Foundation (ANCI /NCF) Ctandard C1 an dcocribcd in the Ctandard Cpccifi ationo. Section A - 8P (Revised 12/15/04) Page 15 of 22 unless ouch itcmo are inopected on tho oitc by authorised City Thc Contractor ohall provide thc Engineer with copico of writtcn could comc into contact with potablc watcr. subcontractors, muot bc contained at all timco at thc watcr facility oitc. Blowing traoh will not bc allowcd. Thc Contractor shall keep work area clean at all times and remove all traoh may. F. Contractor'o peroonncl must wear colorcd uniform ovcrallo other than orange, blue, or whitc. Each employee uniform muot provido C. Contractor shall providc tcicphonco for Contractor pero nncl. Plant tcicphonoo arc not available for Contractor uoo. U. W rking h uro will be 7:00 A.M. to 5:00 P.M., Monday thru Friday. 2. Contractor muot not uoc any City facility rcotroomo. Contractor must providc own oanitary facilitico. J. All Contractor vchicico muot bc parked at designated oitc, ao muot bc clearly labeled with c mpany 'name. No privatc cmploycc vchicico arc allowcd at O. N. Stevens Watcr Tr atmcnt Plant. All contractor employees muot not 1 avc thc dcoignatcd conotruction arca nor wander through any buildingo other than for rcquired work or as dircctcd by City Water Department peroonncl during cmcrgcncy cvacuation. K. Contractor Qualifi ationo CCADA (CUPERVICORY CONTROL AND DATA ACQUICITION) Any work to thc computer baocd monitoring and control oyotcm muot be performed only by qualified technical and oupervio ry pero nncl, ao determined by meeting thc qualifications 1 thru 9 bclow. This work includco, but io not limited to, modificati no, addition, changes, oclectiono, furniohing, inotalling, connecting, programming, cuotomizing, dcbugging, calibrating, or placing in operation all hardware and /or ooftwarc opccificd or rcquircd by thcoc specifications. Thc Contractor or hio oubcontractor propooing to perform thc SCADA Section A - 8P (Revised 12/15/04) Page 16 of 22 1. IIc io regularly engaged in thc computer baocd monitoring and control oyotcm buoincoo, prcfcrably ao applied to the municipal watcr and waotcwatcr induotry. 2. Ho ha° performcd work on oyotcmo f comparablc oizc, type and complexity ao required in thio Contract on at leant thrcc prior projccto. hcrcin for at lcaot S y aro. 4. He employe a Rcgiotcrcd Profeooional Enginccr, a Control perform thc work required by thio opccificationo. complctcd a manufacturer's training couroc in c nfiguring and implcmcnting thc opccific computcro, RTUS'o, and ooftwarc propoocd for thc Contract. C. IIc maintains a permanent, fully otaffcd and maintain, repair, opccificd herein. 7. IIc ohall furnioh equipment which io thc cquippcd calibrate, and program thc product oyotcmo of one not practical, all cquipmcnt of a given typc will bc the product of one manufacturer. S. Prior performance at thc 0. N. &tcvcno Watcr Tr atmcnt Plant will be uocd in cvaluating which Contractor or subcontractor programo thc new work for thio Projcct. 9. The C ntractor shall product all filled out programming SCADA oyotcm. Attached io an example of thc required and given to thc City Enginccr with all changco madc during Contractor will providc all ro rammin blocks uocd. L. Trenching Rcquircmcnto All trenching for thio projcct at the O. N. Ctevcno Watcr Treatment number of cxioting undcrground obotructiono. No trenching machinco °hall bc allowed on thc project. 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 number 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 Section A - SP (Revised 12/15/04) Page 17 of 22 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. 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. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. g. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j• 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" Under "General Provisions and Requirements for Municipal Construction Contracts ", B- 6-15 Arrangement and Charge for Water Furnished by the City, add the following: "Thc Contractor muot comply with thc City of Corpuo Chrioti'o Watcr Conocrvation and Drought Contingcncy Plan ao amended (thc 'Plan "). Thio includco implementing water conservation moaourco cstabliohcd for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at thc prc conotruction meeting. Thc Contractor will kccp a copy of thc Plan on thc Project oitc throughout construction." Section A - SP (Revised 12/15/04) Page 18 of 22 A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors -B'° are incorporated by reference in this Special Provision. (NOT USED) The ioouancc of a ccrtificatc of occupancy for improvements doco not conotitutc final acccptancc of thc improvements under Ccncral Provision D 8 9, A -40 Amendment to Section B -8 -6: 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 Advisory NOT USED Priming and hot mix paving operation muot not be conducted on days for which notify Contractor about osonc alert. If a delay ouch ao this io cxpericnacd, compcnoatcd at thc unit pricc indicated in thc propooal. 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. Section A - 8P (Revised 12/15/04) Page 19 of 22 A -44 Change 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. (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) NOT DEED Thc Contractor ohall bc rcoponoiblc for thc diopooal of water uocd for in thc water, particularly high lcvclo of chl rinc, will bc uocd for dioinfcction, and may cxcccd thc permiooiblc limits for diochargc into wctlando or environmentally ocnoitivc arcao. Thcoc are regulated by numcrouo to comply with thc rcquircmcnto of all regulatory agcncico in thc diopooal of all water uocd in thc project. Thc mcthodo f diopooal ohall be oubmittcd to the City for approval. There ohall be no ocparatc pay for diopooal of highly for diopooal of contaminated water. A -47 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20 -feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 -feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 -feet maximum O.C. Section A - SP (Revised 12/15/04) Page 20 of 22 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 and elevations of the top of existing pipelines. Contractor shall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair associated with exploratory excavations shall be paid for according to the established until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A -48 Overhead Electrical Wires (7/5/00) 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 CP &L and inform 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 ", B -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 Additional Work The additional work (Bid Items D1.1 through D1.3) may include the following work: An existing 12" culvert may be replaced with a 15" RCP and a new low reinforced concrete headwall constructed on the inlet end of the existing 12" culvert or the new 15" RCP. Work on the headwall must be accomplished within the street right -of -way. The replacement of the 12" culvert will require easements which may or may not be in place at the time of construction. Therefore, the City has the option to delete any part or all of this work from the contract. If instructed by the City, the Contractor will be required to construct part or all of these improvements at the unit prices bid under Part D of the Proposal, for this work. Section A - SP (Revised 12/15/04) Page 21 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 2; PROJECT No. 2270 OWNER: CITY OF CORPUS CHRISTI ENGINEER: BASS & WELSH ENGINEERING CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 22 of 22 COLOR ON DEPTH LETTERING no is:r!_::::pt:t.. ; '7 =! =a ::_ ::. . ._ .,t D ARlK iSUIEii eAnK ieum:t : " • .__..._._.._r_c': YOUR BOND DOLLARS .... 4° DARK BLUE O =N AT • WORK / WHITE BACKGROUND "' ! 4 DARK. BLUE 1 i €mail - 3 a : IMPROVING CORPUS CHRISTI 4" DARK BLUE uS 1 1 Jrllttt _.......-...._..... _.._..._t. E! ,ir SECHR 3 `. WHITE i.._.. ...._............- ...I!! ... .,,! ; '::-::::..::�' ...... „ . , WHITE 6"I • 71— 011 1 6 V 11 O . 81 011 1 N / 1 N \ \I \ ffi \ \\ I I j I I I cg I 4'x4 z 8' POSTS ---1_,L- I a , [...] . 1-_.1 ATTACHMENT 1 PART C FEDERAL WAGE RATES & REQUIREMENTS Page 1 of 2 General Decision Number: TX080037 07/25/2008 TX37 Superseded General Decision Number: TX20070039 State: Texas Construction Type: Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Modification Number Publication Date 0 02/08/2008 1 07/25/2008 * SUTX1987 -001 12/01/1987 Rates CARPENTER (Excluding Form Setting) $ 9.05 Concrete Finisher $ 7.56 ELECTRICIAN $ 13.37 Laborers: Common $ 6.55 Utility $ 7.68 Power equipment operators: Backhoe $ 9.21 Motor Grader $ 8.72 Fringes 2.58 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can http: / /www.wdol.gov /wdol /scafiles /davisbacon/TX37.dvb 11/25/2008 be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Page 2 of 2 http:// www. wdol. gov/ wdol /scafiles /davisbacon/1'X37.dvb 11/25/2008 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 10TH day of FEBRUARY, 2009, 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 H & G Contractors, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $211,425.10 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: TILL CREEK DRAINAGE BASIN IMPROVEMENTS PHASE 2 PROJECT NO. 2270 (TOTAL BASE BID: $211,425.10) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 12/15/2008 14:56 8263802 ENGINEERING BASE BID PART "A" DRAINAGE SWALE ITEMS PAGE 11/1E I 11 III IV V BID 1810 QTY6 UNIT DESCRIPflON UMTPRICEIN HOURS$ UNIT PRICE IN FIGURES 2,500.00 010ITEMEXTENSION (QTY X UNIT PRICE IN FIGURES) A7.1 710 the specifications, ed drainage swaie, In accordance with complete and in place per linear foot 10.75 7,632.50 A1.2 1 Erosion control, In accordance with the epedfcations, complete and in place per hump sum 1,148.00 1,148.00 A1.3 1 Seeding, in accordance with the specifications, can • late and in • ace , lum • sum 1,113.00 1,113.00 48 Asphalt Repair, in accordance with the specifications, complete and M place per square yard SUBTOTAL BASE BID PART "A" 1 Traffic Cortroi, In accordance with the spedficafions, complete end in place per lump sum 9,893.50 1,008.00 1 ,152.00 7 21.50 BASE BID PART "B" SUNT1DE DRAINAGE IMPROVEMENT ITEMS RevjSed Proposal Form Page 3 of 8 Addenduln No. 1 Attaohrent No. 2 Page 3 of 8 11 111 IV V ITE31 OTYb UNIT DESCRIP770N UNIT PRICE IN FIGURES 2,500.00 RIO I7EM EXTENSION (QTY X UNIT PRIDE IN FIGURES) 7 500.00 81.1 3 WM' Post ir a In c a the specifications, 81.2 3 Type 0 Memhole, In accordance with the specifications, complete and In place per each 2 388.00 37.40 2,537.00 63.25 7 1 4.00 2,019.60 2,537.00 3,036.00 B1.3 54 18" RCP Culvert, in accordance with the specification, complete End M place per each 814 1 Regrade Ditch to Dram, In accordance with the spadfsralk:es, complete and In place per lump sum 81.5 48 Asphalt Repair, in accordance with the specifications, complete and M place per square yard B1.6 1 Traffic Cortroi, In accordance with the spedficafions, complete end in place per lump sum 1,008.00 1,152.00 2.25 1,008.00 1 ,152.00 7 21.50 81.7 1 Erosion Control, in accordance with the specifications, complete end In place per lump sun B18 64 Trench Safety, M accordance with the specification. o lMlete and In Sam Per linear foot ... Seedhp, lip accordance with the and specifications, _it OT/ML BASE ID PART "B_ ?' 25, Ci 7.60 RevjSed Proposal Form Page 3 of 8 Addenduln No. 1 Attaohrent No. 2 Page 3 of 8 12/15/2008 14:56 8263802 1 11 ENGINEERING BASE BID PART "C" TILL CREEK DRAINAGE IMPROVEMENT ITEMS PAGE 12/16 III QTY& ITEM UNIT C1.1 1518 C1,2 1 DESCRIPTTQN 42" Drainage Culvert, in accordance with the apecifce•ne, complete and in}hlace per linear foot 42" Plug, In accordance with the specifications, complete and In pleas per each IV UNIT PRICE IN F/GUR68 01.3 01.4 7 18 Type l3 Manhole, In accordance with the specifications. complete end in piece per each 18" RCP Culvert, in accordance with the specification, ^late and in place per linear foot C1.5 C1.8 1 1 3'x4' Post Inlet, in eccordance with the specifications, complete and in place per each HeadwaIWCharnal Outlet, In accordance with the spedflcetpns, complete and In place per lump sum C1.7 1 01.8 62 Regrade Ditch to Drain, In accordance with the spedficatona, complete and in place per lump sum Asphalt Repair, in accordance with the spedioetons, complete and in place per square yard C1.0 1 Traffic Ca drol, In accordance wth the specifications, _complete and in place per lump sum Erosion Control, In accordance with the specifications, sand in place per lump sum C1.10 1 complete 01.11 C1.12 1538 , 1 C1.13 1780 Trench Sabty, in accordance with the specifications, complete and in place per, linear foot Seeding, in accordance with the specifications, commits and In place par lump awn Limestone Surface Repair, 4" thick, In accordance with the epeolficafons complete and in place per square yard 67.50 1,275.00 3,202.00 30.15 2,325.00 15,000.00 1,900.00 52.90 2,940.00 1,925.00 .75 834.75 01.14 500 Provisions A-51, �plete nd In �ce p Sneer foot SUBTOTIkI. BASE SID PART "C" 5.25 .10 V 810 ITEM EXTENSION (QTYX UNIT PRIOEIN FIGURES) 102,465.00 11275.00 221414.00 ■ 542.70 2 3 _0r 1 ,,Q.90 3,279.80 2.940. 00 1,925.00 1.152 OD 834.75 9,345.00 50.00 165,448;25 Revised Proposal Porn Page 4 of 6 Addendum No. 1 Attachment No. 2 Page 4 of 8 12/15/2008 14:56 8263802 ENGINEERING BASE BID PART "D" ADDITIONAL WORK PAGE 13/16 r -_ -- I. 0 _ 111 IV V 118.4 D1.1 D1 2 01.3 QTY UNIT 276 500 60 DESCRIPTION 9,893.50 25, 094.60 UNITp IN FIDURES BID ITEM SI7ENSION (QrYXIGICFIN 15" RCP, In accordance with the spedficadons, comis$e and In place per linear foot 23.35 6,421.25 Co%trete Driveway; Walk 6" Thick, in accordance with { ns' complete and in place per 8.00 it, 4,000.00 Concrete Plating for CCo Thick, acc ordance with adroe Enthrall for 15" aeons' complete and in place per square tot 11.35 567.50 SU3TOTAL BASE BID PART "D" 10, 988.75 10,988.75 TOTAL BASE BID (SUM Cr "A ", "B ", "C ", & "0") Revised Proposal Pone Page 5 of 8 Addendum No. 1 Attachment No. 2 Page Gof8 SUBTOTAL PART "A" 9,893.50 25, 094.60 SUBTOTAL PART "B" SUBTOTAL PART "C" 165, 448.25 SUTTOTAL PART "D" 10, 988.75 TOTAL BASE BID (SUM Cr "A ", "B ", "C ", & "0") 211,425.10 • Revised Proposal Pone Page 5 of 8 Addendum No. 1 Attachment No. 2 Page Gof8 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. ATTES : CITY OF CORPUS CHRISTI By: ace. --nm -- Oscar Martinez City Secretary APPROVED AS TO LEGAL FORMy By: fri "" /U"0(."t' d Asst. City Attorney T: (If Cor•'atio (Seal Belo (Note: If Person signing for corporation is not President, attach copy of authorization to sign) Assistant City Manager By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR H 6 G Contractors, Inc. By: Title: \./ F: Piro rear P.O. Box 10706 (Address) Corpus Christi, TX 78460 (City) (State)(ZIP) 361/289 -2556 * 361/289 -2757 (Phone) (Fax) Agreement Page 2 of 2 411 ooq -a33 AUTHORIZED couNclt..D Q 1101641 ..� -Arent SECRETARY ,h J1. BY LAWS OF H & G CONTRACTORS, INC. ARTICLE I MEETING OF THE SHAREHOLDERS SECTION 1: ANNUAL MEETING; ELECTION OF DIRECTORS. THE ANNUAL meeting of the holders of the Common Stock of the Company shall be held for the election of Directors and for the transaction of such other business as may properly come before such meeting on the fifth day of January of each year, but if such day be a legal holiday under the laws of the State where the meeting is to be held, then the next succeeding day not a legal holiday under the laws of such state, in any case at ten o'clock a.m. or at such other hour as may be designated by the Board of Directors and specified in the notice of the meeting. SECTION 2: SPECIAL MEETING A SPECIAL meeting of the holders of the Common Stock of the Company may be called by the Chairman of the Board of Directors or by the President or by a resolution of the Board of Directors at any time and shall be called by the President or by the Board of Directors or by the holders of record of not less than one -tenth of all the issued and outstanding shares entitled to vote at such meeting. Business transacted at any special meeting of shareholders shall be limited to the purposes stated in the notice of such meeting. SECTION 3: PLACE OF MEETING ALL MEETINGS of the holders of the Common Stock of the Company shall behold at the registered office of the Company or at such other place within or without the State of Texas as may be from time to time designated by the Board of Directors as provided in the Notice of the Meeting or in any waivers of notice thereof; provided- however, that the place of meeting for the election of Directors shall not be changed within ten (10) days next before the day on which the election is to be held, and at least ten (10) days before the election is held a notice of any change in the place of such meeting shall be given to each person entitled to vote thereat in person or by letter mailed to the address shown for him on the books of the Company. SECTION 4: NOTICE OF MEETING EXCEPT AS otherwise provided by law, notice of the time and place of holding each annual or special meeting of shareholders and, in the case of a special meeting, of the purpose of which such meeting is called shall be written or printed and shall be sent by mail, postage prepaid, or shall be given personally to each person entitled to vote at such 1 (c) vice - president Vice Presidents shall perform the duties assigned to them by the Board or delegated to them by the President, and in order of seniority, at his request or in his absence, shall perform as well the duties of the President's office. Each Vice President shall have power also to execute and deliver in the name and on behalf of the Company deeds, mortgages, leases, assignments, bonds, contracts or other instruments authorized by the Board unless the execution and delivery thereof shall be expressly delegated by these By -laws or by the Board to some officer or agent of the Company. (d) The Secretary. The Secretary shall keep the minutes of the meeting of the Board of Directors, of all committees and of the shareholders and shall be custodian of all corporate records and of the seal of the Company. He shall see that all notices are duly given in accordance with these By -laws or as required by law. (e) Assistant Secretaries. The Assistant Secretaries in the order of their seniority, unless otherwise determined by the Board of Directors, shall in the absence or disability of the Secretary, or at his request, perform the duties and exercise the powers of the Secretary. They shall perform such other duties and have such other powers as the Board of Directors may from time to time prescribe. (0 The Treasurer. The Treasurer shall be the principal accounting officer of the Company and shall have charge of the corporate funds and securities and shall keep a record of the property and indebtedness of the Company. He shall, if required by the Board, give bond for the faithful discharge of his duties and for the restoration to the Company in case of his death, resignation, retirement or removal from office of all books, papers, vouchers, money and other personal property of whatever kind in his possession or under his control belonging to the Company, in such sum and with such surety or sureties as the Board may require. (g) Assistant Assistantareasuren. The Assistant Treasurers in the order of their seniority, unless otherwise determined by the Board of Directors, shall in the absence or disability of the Treasurer, or at his request, perform the duties and exercise the powers of the Treasurer. They shall perform such other duties and have such other powers as the Board of Directors may from time to time prescribe. (h) Other Officers The Board may appoint such other officers, agents or employees as it may deem necessary for the conduct of the business of the Company. In addition the Board may authorize the President or some other officer to appoint such agents or employees as they deem necessary for the conduct of the business of the Company. 11 12/15/2008 14:56 8263802 ENGINEERING PROPOSAL FORM F O R TILL CREEK DRAINAGE BASIN IMPROVEMENTS PHASE 2 PROJECT NO. 2270 - DEPARTMENE QF=- ENGINEERING smingps CITY OF CORPUS CHRISTI, TEXAS Restated Proposal Form Page 1 of 8 PAGE 09/16 Addendum No. 1 Attachment No. 2 Page 1 of $ 12/15/2008 14:56 8263802 ENGINEERING P R O P O S A L Place: City Hall Date: Proposal of H & G Contractors, Inc. PAGE 10/16 Friday. December 19, 2008 @ 2:00 p.m. a Corpo.:ation organized and existing under the laws of the State off Texas OR a Partnership or Individual doing business as N/A 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: TILL CRZEE DRAINAGE BASIN IMPROVEMENTS, PHASE 2 PROJECT NO. 2270 at the locations zet out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: Revised Proposal Form Page 2 of 8 Addendum No. 1 Attachment No. 2 Page 2 of 8 12/15/2808 14:56 8263802 ENGINEERING BASE BID PART "A" DRAINAGE SWALE ITEMS PAGE 11/16 ii BASE BID PART "B" SUNTIDE DRAINAGE IMPROVEMENT ITEMS I II QTY& ITAN UNIT B1.1 3 61.2 3 131.3 64 B1.4 1 81.6 40 81.6 1 131.7 1 21.8 64 DESCRIPTION 3'x4' Post 'Met, in accordance with the specifications, complete and in place per each Typal; Manhole, in accordance with the specifications, complete ;and In place per each 18" RCP C:urvert, in accordance with the specifications, complete and in place per each Regrade Catch to Drain, In accordance with the specficatoons, complete end In place per lump sum Asphalt Repair, in accordance with the specifications, complete and in place parsquare yard Traffics Control, in accordance with the specifications, complete Ind in place per lump sum Erosion Control. In accordance with the specifications, complete end in place per lump cum Trench Sanity, in accordance with the specifications, canteen! and In place per linear foot Seeding, h accordance with the specifications, as; hand In • a , '• -r, m sum =-t; III SUBTOTAL BASEBtD PART IV UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTYX UNIT PRICE IN FIGURES) 2,500.00 2,388.00 37.40 2,537.00 63.25 1,008.00 1,152.00 2.25 7,500.00 7,164.00 2,019.60 2,537.00 3,036.00 low 1,008.00 1,152.00 121,50 Revised Proposal Form Page 3 of 8 25, 014.60 Addendum No.1 Attachment No. 2 Page 3 of .., DESCRIPTION IV UNIT PR/CEIN FIGURES V 1 BID Qryg 1810 UN? d/DITFJNElr7>;NSION (QTYX UNIT PRICE IN FIGURES) A1.1 710 A1.2 1 Construct proposed drainage swale, in accordance with the _ .:. lcations, complete and In place per linear foot 10.75 7,632.50 co Erosion ete end in place per ilump sutrme specifications, 1,148.00 1,148.00 Seeding, in accordance with the specifications, A1.3 1 cOm • lett and in place per lump sum 1,113.00 1,113.00 _-■ SUBTOTAL BASE BID PART "A" JI 9,893.50 BASE BID PART "B" SUNTIDE DRAINAGE IMPROVEMENT ITEMS I II QTY& ITAN UNIT B1.1 3 61.2 3 131.3 64 B1.4 1 81.6 40 81.6 1 131.7 1 21.8 64 DESCRIPTION 3'x4' Post 'Met, in accordance with the specifications, complete and in place per each Typal; Manhole, in accordance with the specifications, complete ;and In place per each 18" RCP C:urvert, in accordance with the specifications, complete and in place per each Regrade Catch to Drain, In accordance with the specficatoons, complete end In place per lump sum Asphalt Repair, in accordance with the specifications, complete and in place parsquare yard Traffics Control, in accordance with the specifications, complete Ind in place per lump sum Erosion Control. In accordance with the specifications, complete end in place per lump cum Trench Sanity, in accordance with the specifications, canteen! and In place per linear foot Seeding, h accordance with the specifications, as; hand In • a , '• -r, m sum =-t; III SUBTOTAL BASEBtD PART IV UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTYX UNIT PRICE IN FIGURES) 2,500.00 2,388.00 37.40 2,537.00 63.25 1,008.00 1,152.00 2.25 7,500.00 7,164.00 2,019.60 2,537.00 3,036.00 low 1,008.00 1,152.00 121,50 Revised Proposal Form Page 3 of 8 25, 014.60 Addendum No.1 Attachment No. 2 Page 3 of 12/15/2008 14:56 8263802 ENGINEERING BASE BID PART "C" TILL CREEK DRAINAGE IMPROVEMENT ITEMS PAGE 12/16 11 ITEM UNIT C1.1 1518 C1.2 1 01.3 7 01.4 18 C1.5 1 C1.6 1 C1.8 62 C1.9 1 C1.10 1 C1.11 1538 01.12 1 C1.13 1780 C1.14 500 DESCRIPTION 42" Drainage Culvert, In accordance with the specifcatons, complete and in place per linear foot V UNIT PRICE IN FIGURES 42" Plug, In accordance with the specifications, complete and in place per each Type 9 Manhole, in accordance with the specifications, complete and in place per each 18' RCP Culvert, In accordance with the specifications, complete and in place per linear foot 3'x4' Post Inlet, in accordance with the specifications, complete and In place per each Headwall/Channel Outfall, In accordance with the specifcations, complete and In place per lump sum Regrade Ditch to Drain, in accordance with the specifications, complete and in place per lump sum 67.50 810 REM EXTENSION (Q7YX UNIT PRICE IN FIGURES) 1,275.00 3,202.00 30.15 2,325.00 15,000.00 1,900.00 102,465.00 1,275.00 22414 .00 542.70 2,325.00 15,000.00 1 Asphalt Repair, in accordance with the specifications, complete and in place per square yard Traffic Col drol, in accordance with the specifications, complete and in place per lump sum Erosion Control, in accordance with the specifications, complete a:nd i glace per lump sum Trench Satiety, in accordance with the specifications, complete and in place per, linear foot Seeding, in accordance with the specifications, compieb.and In place per lump sum Limestone Surface Repair, 4" thick, In accordance with the specifications complete and In place per square yard 52.90 2,940.00 1,925.00 .75 834.75 5.25 1 9.00" 0g 3,279.80 2 94n 00 Mar 1,925.00 a .].52 0D 834.75 Provisions A-51, , Pcompletel and accordance pace per with foot .10 9,345.00 SUBTOTA, L BASE BID PART "c" 50.00 165,448.a 25 Revised Proposal Fore Page 4 of 8 Addendum No. 1 Attachment No. 2 Page 4 of 8 12/15/2008 14:56 8263802 ENGINEERING BASE BID PART "D" ADDITIONAL WORK PAGE 13/16 III DESCRIPTION 15" RCP, In accordance with the specifications, complete and inplace per linear foot Co tore* Driveway & Walk 6° Thick, in accordance with the specifications, complete and In place per pare foot Concrete Plating for Headwall & EndWall for 15• RC°, 6" Thick, In accordance with the specifications, complete and in place per square foa IV UNIT PRICE IN FIGURES V BID ITEM EXTENSION (QTYX UNIT PRICE IN FIGURES) 23.35 8.00 X421.25 11.35 4,000.00 SU3TOTAL BASE BID PART "D" SUBTOTAL, PART "A" SUBTOTAL PART "B" SUBTOTAL PART "C" SUBTOTAL PART "D" 567.50 10,988.75 1 9,893.50 25,094.60 165,448.25 TOTAL BASE BID SUM Or: "A ", "B ", "C", & "D ") 10,988.75 211,425.10 Revised Proposal Poxm Page 5 of 9 Addendum iio.1 Attachment No. 2 Page 6 of 12/15/2008 14:56 8263802 ENGINEERING and has PAGE 14/16 The carefully s examined hereby he declares specifications visited site 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 58 of the highest amount bid, is to become the property of the City of Corpt.s 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 Participations The apparent low bidder shall, within five days of receipt of bids, 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. bonds will bee pxeparednin not lesDocuments; than four counterpart contract and signed) sets. Completion: work within i180 calendar s from ethe date gdesignated by a Work Order. The undersigned further declares that he will rovide 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) : Addendum #1 (December 15. 2008) (S - IF BIDDER IS a Corporation) Respectfully submitted: Name; - .... t C. Address .O.Box 107"06 )/( 12256So. Minerals Road( / 8409) (P.O. Box) (Street) Corpus Christi, Texas (City) (State) (zip) Tel -,, ,ne; ha tach bid fsvm Cher 31 in- with ink aaf' 6s sit complete oa�plate pitTji attached Page3rs. (Revised August 20th) Revised Proposal Form Page 6 of 8 Addendum No.1- Attachment No. 2 Page B of 8 P E R F O R M A N C E B O N D BOND NO. 2273037 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT H & G Contractors, Inc. of NUECES County, Texas, hereinafter called "Principal ", and INSURANCE COMPANY OF THE WEST * , a corporation organized under the laws of the State of CALIFORNIA and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of TWO HUNDRED ELEVEN THOUSAND, FOUR HUNDRED TWENTY -FIVE AND 10 /100 ($211,425.10) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: * INDEPENDENCE CASUALTY & SURETY CO. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 10TH of FEBRUARY , 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: TILL CREEK DRAINAGE BASIN IMPROVEMENTS PHASE 2 PROJECT NO. 2270 (TOTAL BASE BID: $211,425.10) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or 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, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or 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. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident 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 Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 18TH day Of FEBRUARY , 20 09 PRINCIPAL H & G CONTRACTORS, INC. By: 'v7 Cm, iky (74i2—uff1 WC£ Przr4[126Ni (Print Name &/Title) e L±11'1 (Print Name & Title) SURETY INSURANCE COMPANY OF THE WEST INDEPENDENCE CASUALTY & SURETY CO. By: Attorney i* -fact MARY ELLEN MOORE (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 361- 883 -1711 (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 P A Y M E N T B O N D STATE OF TEXAS § BOND NO. 2273037 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT H 4 G Contractors, Inc. of NUECES County, Texas, hereinafter called "Principal ", and INSURANCE COMPANY OF THE WEST * , a corporation organized under the laws of the State of CALTFORNTA and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of TWO HUNDRED ELEVEN THOUSAND, FOUR HUNDRED TWENTY -FIVE AND 10/100($211,425.10) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: * INDEPENDENCE CASUALTY & SURETY CO. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 10TH day FEBRUARY , 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: TILL CREEK DRAINAGE BASIN IMPROVEMENTS PHASE 2 PROJECT NO. 2270 (TOTAL BASE BID: $211,425.10) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or 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. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident 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 Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 18TH day of FEBRUARY , 20 09 • PRINCIPAL H & G CONTRACTORS, INC. By: C.a i2 % C.-7.,=112, N F 7T (Print Name & Title) ATT 71)04/J116 ( P(Print Na Name & Title) 04 v,cr- P2fj)0trll SURETY INSURANCE COMPANY OF THE WEST INDEPENDENCE CASUALTY & SURETY CO. Attorne -fact MARY ELLEN MOORE (Print Name) The Resident Agent of the Surety in Nueces County, Texas, fora delivery of notice and service of process is: Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 361- 883 -1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 No. 0004671 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of Califomia, and independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies "), do hereby appoint H.M. CANTWELL, AMY SHUMATE, TAMI J. DUNCAN, R.M. LEE, MARY ELLEN MOORE their true and lawful Attomey(s )-in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. J1/4tedda` Jeffrey D. Sweeney, Assistant Secretary State of Califomia County of San Diego On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. } SS. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 3 J. Douglas Browne, Senior Vice President MARYCCM9 NOTARY Y N C Egs n Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attomey appointing the person(s) named as Attomey(s )-in -Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 18TH day of FEBRUARY 2009 Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may cell 1- 800 - 877 -1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 350-2400. This Power is in full force and effect until revoked 1 IMPORTANT NOTICE To obtain information or make a complaint 2 You may contact your Agent al 361- 883 -1711. 3 You may call Insurance Company of the WesUlndependence Casualty & Surety Company's toll -free telephone number for information or to make a complaint al: 1- 800 -877 -1111 4 You may also write to Insurance Company of the WesUlndependence Casualty & Surety Company a t: 11455 El Camino Real San Diego, CA 92130 -2045 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 (o�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 pare some: queja: Puede comunicarse con su (title) al (tel number). Usted puede Ilamar al numero de telefo Insurance Company of the WesUlndepe Casualty & Surety Company's pare infor para someter una queja al: 1- 800 - 877.1111 Usted tambien puede escribir a Insurance Company of the WesUlndependence Cas Surety. Company al:. 11455 El Camino Real San Diego, CA 92130 Puede Comunicarse con el Departamento Seguros de Texas para obtener informacic de companias, coberturas, derechos o que 1- 800 - 252.3439 Puede escribir al Departamento de Seguro. 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 RECLAIM(); Si Ilene una disputa concerniente a su prima reclamo, debe comunicarse con el (agente) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento UNA ESTE AVISO A SU POLIZA: Este avisc solo para proposito de informacion y no se convierte en parte o condition del documento adjunto. 12/15/2008 14:56 8263802 ENGINEERING a Li•il CITY OF CORPUS CHRISTI co DISCLOSURE OF INTERESTS PAGE 15/16 City of Corpus Christi Ordinance 17112, 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 "Ilk'. FIRM NAME H R r, Contractors. Inc. STREET:1225 Southern Mi�Road CITY: Corpus Christi, Texas zip: 78409 FIRM is: 1. Corporation _ X 2. Partnership 3. Sole Owner 4. Association 6. 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 eaoli "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) N/A 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 "fine °. Name T(Ue N/A 3. State the names of each 'board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownerhip in the above named "firm ". Name N/A Board, Commission or Committee 4. State the narnes of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the sut:)ect of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE promptly tlittlitito the City Certifying Person: Gary Garnett (Type or Print) Signature of Certifying Persim: Title: Date: Revised proposal Form Page 7 of 8 Vice President Qecember 19. 2008 Addendum No.1 Attachment No. 2 Page 7of8 12/15/2008 14:56 8263802 ENGINEERING PAGE 16/16 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "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. c. "Finn ". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including person, t limited tc, entities corporation, operated in the form of sole proprietorship, as self - employed entities which, for purpoes of tion, arreehtreated company, a nprofit organizations. rghip or trust and d. "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. e. "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 holding entity. "Constructive held retem to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. 1. "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. Revised Proposal Form Page 8 of 8 Addendum No. I. Attachment No. 2 Page 8 of 8 ACORD, CERTIFICATE OF LIABILI TYINSURANCE OPID NESH HGCONC1 DATE (MM /DD/YYYY) 02/17/09 PRODUCER Swantner & Gordon Ins Agcy -CC PO Box 870 Corpus Christi TX 78403 -0870 Phone:361- 883 -1711 Fax:361 -844 -0101 THIS CERTIFICATE IS ISSUED AS -A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED H S G Contractors, Inc. V/ H S G Oilfield Services P 0 Box 10706 Corpus Christi TX 78460 INSURERA: National Fire Ins Hartford 20478 INSURER B: Continental Insurance Co 35289 INSURER C: Valley Forge Insurance Co 20508 INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LApUU'L LTR INSRC TYPE OF INSURA E POLICY NUMBER POLICY bl-ba. HVE DATEAMWDDIYY) POLICY EXPIRATION DATE (MOONY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY U2070926033 POLLUTION 06/23/08 06/23/ 9 EACH OCCURRENCE $1,000,000 X PR trounce) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $5,000 X Contractual PERSONAL 8ADV INJURY $ 1,000,000 X Limited Worksite GENERAL AGGREGATE ` 42,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 � POLICY IA I JECi n Imo Emp Ben. 1,000,000 $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS MCS -90 ENDT U2070926114 06/23/08 06/23/09 COMBINED SINGLE LIMIT (Ea accident) �1 ODD DDD X BODILY INJURY (Per person) X BODILY INJURY (Per accident) X X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESSM BRELLA LIABILITY 2094656095 06/23/08 06/23/09 K / EACH OCCURRENCE v45,000,000 $5,000,000 X OCCUR CLAIMSMADE AGGREGATE DEDUCTIBLE RETENTION $10000 / $ $ X $ WORKERS COMPENSATION AND / EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? U yes, desc ibe under SPECIAL PROVISIONS beiDw WC270926159 06/23/08 - 06/23 ,99 $// X ORY LI IU- UIH- TORY LIMITS I ER E.L. EACH ACCIDENT ,$-1,000,000 $ 1,000,000 E.L DISEASE- EA EMPLOYEE E.L. DISEASE POLICY LIMIT $1,000,000 $25,000 A OTHER Installation Fltr U2070926033 06/23/08 06/23/09 Inst. Flt DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Project #2270: Till Creek Drainage Improvements Phase 2. The City of Corpus V / Christi is named as additional insured on all General Liability and all Automobile Liability policies as required by written contract and per attached endorsements. CERTIFICATE HOLDER CANCELLATION CICO -CC City of Corpus Christi Dept of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi TX 78469 -9277 V SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE )HE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 "'DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU OR12ED RE SET ACORD 25 (2001/08) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) t 11111►►aan011 ►1►1 i►1i►0M11 (gales (Ed. 01/01) H&G Contractors, Inc. / Policy #12070926033 t" IRA P TANT: THIS ENDORSE ENT C _ NT DUTIES THAT APPLY TO THE ADI ITIONAL INSURED IN THE EVENT (SF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. rep THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTR ?CT R'S SCMIEJULED AN LANKET ADDITIONAL INSURED ENDORSEMENT WITH PROP UCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: Any person or organization who requires you toc:bbtain this coverage under a written contract or agreement (Coverage under this endorsement is not affected by an entry or lack of entry In the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but thawritten contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury". B. The insurance provided to the additional insured is limited as follows: 9. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. G- 140331 -A (Ed. 01/01) C. 3. The coverage provided to the additional insured by this endorsement and paragraph 1. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products- completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: Page 1 of 2 e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and Agree to make available any other insurance which the additional insured has for a Toss we cover under this Coverage Part. V. We have no duty to defend or indemnify an additional insured under this endorsement (3) G- 140331 -A (Ed. 01/01) (Ed. 01/0' until we receive written notice of a claim c "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition i deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any othe insurance naming the additional insure( as an insured whether primary, excess contingent or on any other basis unless a written contract or written agreemen specifically requires that this insurance be either primary or primary anc noncontributing. Page 2 of 2 POLICY NUMBER U 2070926114 INSURED NAIdE AND ADDRESS H & G CONTRACTORS INC., "SEE ENDT" P 0 BOX 10706 CORPUS CHRISTI, TX 78460 POLICY CHANGES ADDITIONAL INSUREDS PER PORN CA0403 -064 TEXAS ADDITIONAL INS This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown, BRASELTON LAND VENTURES 5337 YORKTOWN, SUITE 100 CORPUS CHRISTI, TX 78413 CABOT OIL & GAS CORPORATION 1200 ENCLAVE PARKWAY, SUITE 300 HOUSTON, TX 77077 -1607 CHAZZ DEVELOPMENT, LTD. COYM, REHMET & GUTIERREZ ENGINEERING, INC. 5656 S. STAPLES ST SUITE 230 CORPUS CHRISTI, TX 78411 CITY OF CORPUS CHRISTI / P.O. BOX 9277 CORPUS CHRISTI, TX 78469 -9277 CITY OF ROBSTOWN 101 EAST MAIN ROBSTOWN, TX 78380 CWI- CLAYTON WILLIAMS ENERGY 6 DESTA DRIVE #1100 MIDLAND, TX 79705 -5510 DOMINION EXPLORATION & PRODUCTION, INC. 1450 POYDRAS NEW ORLEANS, LA 70112 DEWBRE PETROLEUM CORPORATION 600 LEOPARD ST. CORPUS CHRISTI, TX 78473 DHM DESIGN BUILD P.O. BOX 10124 CORPUS CHRISTI, TX 78460 EDGE PETROLEUM CORPORATION 1111 BAGBY, SUITE 2100 HOUSTON, TX 77002 HOGAN BUILDING CO. #1 LP AND ITS AFFILIATES 64,L0_/04--" ET( Y4 Chairman of the Board 0- 56015 -8 (ED. 11/91) Severer), mum s POLICY NUMBER U 2070926114 INSURED NAME AND ADDRESS H & G CONTRACTORS INC., "SEE ENDT" P 0 BOX 10706 CORPUS CHRISTI TX 78460 POLICY CHANGES BLANKET WAIVER OF SUBROGATION 1 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. Any person or organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. Chairman Ifhe Board G- 56015 -B (ED. 11/91) Secretary 1 MOM NM g POLICY NUMBER U 2070926033 POLICY CHANGES CG0205 INSURED NAME AND ADDRESS H & G CONTRACTORS INC (SEE ENDORSEMENT) P 0 BOX 10706 ev- CORPUS CHRISTI, TX 78460 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown, The following Form(s) has (have) been added: Form #: CG0205 -1204 TX Changes -Amend Cancellation Prov or Cov Change Number of Days' Notice: 30 DAYS Name & Address: i BRASELTON LAND VENTURES 5337 YORKTOWN STE 100 CORPUS CHRISTI TX 78413 CHAPARRAL ENERGY LLC, PO BOX 2566 FT WORTH, TX 76113 -2566 CITY OF CORPUS CHRISTI, DEPT OF ENGINEERING SERVICES, P 0 BOX 9277, CORPUS CHRISTI, TX 78469 -9277 D &J LAND CO INC 117 BALDWIN AVE, MATHIS, TX 78368 DYNAMIC. PRODUCTION INC 2801.GLENDA. AVE, . FT WORTH., TX.76117... FULTON *COASTCON P 0 BOX 61229, HOUSTON, TX 7208 -1229 HOGAN DEVELOPMENT,2004 N COMMERCE, VICTORIA, TX 77901 -5510 HOGAN DEVELOPMENT CO L.P. #04 CHAMA, VICTORIA, TX 77904 JAMEX INC, P 0 BOX 2566 FT WORTH, TX 76113 -2566 RUTHERFORD OIL CORP P 0 BOX 17150 FT WORTH, TX 76102 -0150 EMERALD COAST INVESTMENTS C/O RUSSELL VETETO ENGINEERING 820 BUFFALO, CORPUS CHRISTI, TX 78401 RUSSELL VETETO ENGINEERING 820 BUFFALO, CORPUS CHRISTI, TX 78401 SAMSON RESOURCES CO & ITS AFFILIATES C/O ICA P 0 BOX 2566, FT WORTH TX 76113 -2566 SOUTHERN RESOURCES P 0 BOX 6483 CORPUS CHRISTI, TX 78466 VALERO ENERGY ATTN: JEAN SCHARFF P 0 BOX 500 SAN ANTONIO TX 78292 -0500 VERNON E FAULCONER INC, ATTN: SHELLY SUDDERTH, PO BOX 7995, TYLER,TX 75141 WAUESHA - PEARCE INDUSTRIES,ATTN: CR DEPT,P0 BOX 35068,HOUSTON,TX 77235 WYNN CROSBY ENERGY INC,16415 ADDISON RD STE 800 ADDISON,TX 75001 -3267 GOODWIN PUMPS, CREDIT DEPT ONE FLOODGATE RD BRIDGEPORT, NJ 08014 Chairman of Board G- 56015 -B (ED. 11/91) Ns Secretary r LJLR , I 1■IllIVIOL:n., uzujutizbusi THIS EN 4 MC Contractors, Inc. LAa 24 04 10 93 RSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, OVE (IF T ANSFE F RIGHTS F RECOVERY GAINST iSTHERS TO US 174 re. 1:41 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization who requires you to obtain this waiver of our right of recovery under a written contract or agreement • (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 (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 41020078961360001186517903173 „n1l 11o1111 11111llllfll111111mnunIiiamnon1 POLICY NUMBER U2070926114 COMMERCIAL AUTO CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CA,"EPULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT 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 below. Endorsement Effective: 6/23/08 Named Insured: 1 Countersigned By: H & G Cnn ractorc Trx z ,`41 Representative) SCHEDULE • Number of Days' Notice 30 Name Of Person Or OrganizstionPER SCHEDULE ON FILE WITH COMPANY Address If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of days' notice indicated in the Schedule. CA 02 44 06 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 (Ed 7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: LIST ON FILE WITH COMPANY This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 6/23/08 Policy No. WC270926159 Endorsement No. Insured H & G Contractors, Inc. ?rte • Insurance Company Countersigned by WC 42 06 01 (Ed. 7 -84) (Ed. 1 -00) 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. The premium for this endorsement is shown in the Schedule. Schedule 1. ( )Specific Waiver Name of person or organization (x )Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium The premium charge for this endorsement shall be 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 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 6/23/08 Policy No. WC270926159 / Endorsement No. Insured H & G Contractors, Inc. / Pr ium, Insurance Company Countersigned by WC420304A (Ed 1-00)