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HomeMy WebLinkAboutC2009-531 - 10/20/2009 - Approved2009-531 M2009-297 10/20/09 H & G Contractors ,_ __ S P E C I A L P R O V I S-I Q N S S P E C I F I CAT I O N S A N D F O R M S O F C O N T R A C T S AND B O N D S F O R LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS AND DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE PREPARED BY: Freese and Nichols, Inc. 5402 S. Staples Street, Suite 208 Corpus Christi, Texas 78411 Phone: 361/561-6500 Fax: 361/561-.6501 FOR : ~~~~~>> ~ OF T1~ ~Paa®~°®°ma°®F~~ ~ DEPARTMENT. OF ENGINEERING SERVICES ~~`~®° ~ aB®`s~/ CITY OF CORPUS CHRISTI, TEXAS ~~® a*~~ ~ °°®®m°°°°°°°°®°°o°°a°®°o°° ~ Phone: 361/880-3500 ~ DENNIS L. MILLER ~ Fax• 361/880-3501 % o°®®®®°°&°®°®°®°°°®°.®~% PROJECT N0: 2268 and 2287 DRATnTING N0: STO 542 and ST0 543 ~~® 51503 °~~ ~~,1~,5/ CE NS ®~~~~- 1~~~ ..~~tit/~'r 8-27- Zoo9 FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 (Revised 7/5/00) LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS AND DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE {PROJECT N0.2268 AND 2287) Table of Contents NOTICE TO BIDDERS (Revised 7/5/00} NOTICE TO CONTRACTORS-A (Revised March 2009) 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 ~i 1a Field-~3€fiee (NOT USED) A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A~3 F~ sFe-e~ i~~eq~t } r e~FP~e~r } a^ ,a ~ i ~ inn ~ (NOT USED ) A-24 Surety Bonds nz5 Sales '~a~~ E~~e~tgtien (NO LONGER APPLICABLE) (6/11/98) A-26 Supplemental Insurance Requirements Az~~sp~rs•ib}l~t~ ~e~-Da~ttage '~~ (NOT USED) A-28 Considerations for Contract Award and Execution A-29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 A ~5~it•~~e~ ~'a~il~t~es : S~ee~z'~=~cD^c"gcc=.cericcr"'rz~ (NOT USED) A-36 Other Submittals (Revised 9/18/00) A-37 Amended "Arrangement and Charge for Water Furnished by the City" TABLE OF CONTENTS PAGE 1 OF 3 A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 3•°-Ee~t}f~ eat~ef BeEU$a-e•c~-a3~d ~'i~al "^^°^}'^^° (NOT USED) A-40 Amendment to Section B-8-6: "Partial Estimates" A-41 Ozone Advisory A-42 OSHA Rules & Regulations A-43 Amended "Indemnification and Hold Harmless" (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) A- n ~-83.s~es.3.l e-~-~i-~~ ~ j ~~' ~ ~&-~ed Water' '-~^~ `r (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 Amended "Prosecution and Progress" A-51 Dewatering and Disposal of Ground Water A-52 Storm Water Pollution Prevention Plan A-53 Video Documentation A-54 Electronic Proposal Form Attachment I - Project Sign Attachment II - Sample Computer Print-Out PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 021 SITE PREPARATION 021020 Site Clearing and Stripping S5 021040 Site Grading S6 021080 Removing Old Structures S55 022 EARTHWORK 022022 Trench Safety for Excavations 022100 Select Material S15 022420 Silt Fence S97 025 ROADWAY 0252 SUBGRADES AND BASES 025202 Scarifying and Reshaping Base Course S23 025205 Pavement Repair, Curb, Gutter, Sidewalk and Driveway Replacement 554 0254 ASPHALTS AND SURFACES 025404 Asphalts, Oils and Emulsions S29 025412 Prime Coat (Asphaltic Material Only) S30 025424 Hot Mix Asphaltic Concrete Pavement (Class A) S34 0256 CONCRETE WORK 025608 Inlets S63 025610 Concrete Curb and Gutter S52 025612 Concrete Sidewalks and Driveways S53 -~ 0258 TRAFFIC CONTROLS & DEVICES 025802 Temporary Traffic Controls During Construction TABLE OF CONTENTS PAGE 2 OF 3 027 SEWERS & DRAINAGE 0274 STORM SEWERS 027402 Reinforced Concrete Pipe Culverts 560 028 SITE IMPROVEMENTS & LANDSCAPING 028020 Seeding S14 030 CONCRETE, GROUT 030020 Portland Cement Concrete S40 032020 Reinforcing Steel S42 038000 Concrete Structures S41 050 METALS 055420 Frames, Grates, Rings and Covers S57 PART T - TECHNICAL SPECIFICATIONS 022 EARTHWORK 022020 Excavation and Backfill for Utilities and Sewers 022021 Control of Ground Water 022040 Street Excavation 022060 Channel Excavation 022080 .Embankment 025 ROADWAY 0252 SUBGRADES AND BASES 025223 Crushed Limestone Flexible Base 027 SEWERS & DRAINAGE 0274 STORM SEWERS 027411 Television Inspection of Conduits LIST OF DRAWINGS CHILD SUPPORT STATEMENT NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TABLE OF CONTENTS PAGE 3 OF 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS AND DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE, Project No. 2268 and 2287, consists of constructing storm water drainage improvements for Las Colonias Subdivision and drainage channel maintenance improvements for La Volla Creek in the City of Corpus Christi, together with all appurtenances, in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, September 23, 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 2:00 p.m., Wednesday, September 16, 2009 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. 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/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREN~NTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ~ REQUIRED discharge; to include long-term environmental impact for the disposal of ^ NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ^The name of the project must be listed under "description of operations" on each certificate of insurance. ^For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30} days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B ~~ ~~ Page 1 of 11 '~'1TLI~ ~8 IlVSURAI~TCE PART 2 TEXAS DEPART1VIEl~TT OF INSUR~TCE, I)IVISIOl~ OF WORKERS' COlVIPEI~TSATIOlV CHAPTER 110 REQUIRED l~TOTICES OF COVER~OE Si1~C1-IAP'TER ~ ElVIPL®~ER 1VOTICES R1JLE §110°11® Rep®~~fl~~ Req~i~emea~~~ ~®~ H~IIdarfl~ ®~° cC®a~sl~°~uelg®rn ~r®~eel~ f®r ~vera~rnea~l~l Ern~~ne~ (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(°)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Aci, 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 tune 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 aself-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 admiiustrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A goverrmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3} obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B} no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6} provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classif cation 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 certif Cates 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 anal 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 contxact 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 aself-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 (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they axe providing services. (f) 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. Soaarce I~otee The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 24 TexReg 8609 Page 7 of 11 T28S110.I 10(4)(7) "RE~`UIRED WORKERS'COMFENS~TIONCOVERAGE" "The law requires that each person working on this site or~roviding services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 T28~ 110.110(c)(7) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWC'C- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's pr entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the ,contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in X406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regal°dless of whether that person contracted directly with the contractor and regardless of whether that person has employees- This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodlbeverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal. delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers `Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contraactor 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 p~^oject, 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 duraiion 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; (S) retain all required cert~cates of coverage on~le for the duration of the project and for one year thereafter; (6) note the governmental entity in writing by certified mail or personal delivery, within 1 D 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 wild 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 aself-insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failut-e 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 1 l PART A SPECIAL PROVISIONS LAS COLONIAS ST.TBDIVISION DRAINAGE IMPROVEMENTS (#2268) AND DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE (#2287) PART 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, September 23, 2009. 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 - LAS COLONIAS SUBDIVISION DRAINAGF3 IMPROVffi~tI3NTS AND DRAINAGE CHANNEL GLSARING AND STABILIZATION AT SARATOGA BRIDGE (PROJECT NO. 2268 & 2287) Aay 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 nay proposal, by the proposer, their agent/representative, II.S. Mail, or other delivery service, to nay 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 Wednesday, September 16, 2009, 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 LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS AND DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE (Project No. 2268 and 2287) consists of constructing storm water drainage improvements for Las Colonias Subdivision and drainage channel maintenance improvements for La Volla Creek in the City of Corpus Christi, together with all appurtenances, in accordance with the plans, specifications and Contract Documents. A-4 Method of Award The bids will be evaluated based on the lowest qualified Total Base Bid, subject to the availability of funds. Total Base Bid shall consist of Parts A and_B, as described below. Part A is for Las Colonias Subdivision Drainage Improvements, which consists of minor ditch grading, curb & gutter, curb inlets, storm water piping and stone rip- rap outfalls, minor asphalt pavement repair, temporary erosion control, temporary traffic control, and seeding for permanent erosion control. Part A - SP (Revised 12/15/04) Page 1 of 22 Part B is for Drainage Channel Clearing and Stabilization at Saratoga Bridge, which consists of clearing and channel excavation in La Volla Creek, temporary erosion control, temporary traffic control, and seeding for permanent erosion control. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5~ Bid Bond (Must reference LAS COLONIAS SUBDIVISION DRAINAGB IMPROVEMENTS AND DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE {Project No. 22b8 and 2287) as identified in the. Proposal.) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement. 3. The information required and these Special Provisions*. Sections A-28, A-29 and A-30 *In order to expedite the A/8's recommendations for award, Bidders are to provide the requested information with their Proposal. A-6 Time of Completion/Liquidated Damages To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the Contractor will be required to follow. tight scheduling for construction and will be required to complete construction within the allotted working time provided below. x~eet deadlines €er _ cet~glec}en e€ eae~i ^e€age~€ ....u...+. .., ...,.7 .., ......~...... i €he--were ie that s€age '- -' ^`^ °~'^"" ~"'' ^'~'~ Liquidated damages will be assessed for each day that the work is not completed. The working time for completion of the entire Project will be 150 calendar days. Completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and accepted by the City. Days Allocation for Raia: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days Qctober 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days • deee~r~-above- , Part A - SP (Revised 12/15/Q4) Page 2 of 22 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, $400.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer} may withhold and deduct from monies otherwise due the Contractor from the monthly pay estimates the amount of liquidated damages due the City. A-7 Workers Compeasatioa Iasuraace 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. A-9 Ackaowledcrment of Addeada 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 Construction Type(s): Heavy. I~ ec"kvc-ter eo=~€1}et, Ee~ttrae-ter sfta~ll tee ~t}gher 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, Part A - SP (Revised 12/15/04) Page 3 of 22 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 (134) 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 DIG TESS at 1-800-344-8377, the Lone Star Notification Company at 1-800-669-8344, and 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 .......................826-3500 A/E Project Engineer, Dennis L. Miller, P.E. Freese and Nichols, Inc............561-6500 fax: 561-6501 Streets & Solid Waste Services.........826-1970 Traffic Engineer .......................826-3540 Police Department ......................882-1911 Water Department .......................826-1880 (826-3140 after hours) Wastewater Services Department.........826-1818 (826-3140 after hours) Gas Department .........................885-6900 (885-6900 after hours) Storm Water Department .................826-1881 (826-3140 after hours) Parks & Recreation Department...:......826-3461 American Electric Power Co. {AEp) ......299-4833 (693-9444 after hours) Southwestern Bell Telephone Co. {SBC) ..881-2511 (1-800-824-4424 after hours) Signal/Fiber Optic Locate ..............826-1946 826-1960 Cablevision ..:.........................857-5000 (857-5060 after hours} ACSI (Fiber Optic) .....................887-9200 (Pager 800-724-3624) CenturyTel .............................225/214-1169 (225/229-3202(M)) ChoiceCom (Fiber Optic) ................881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) ..................512/935-0958 (Mobile) Brooks Fiber Optic (MAN) ......••••-••••972/753-4355 A-12 Maintenance of Services 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. Part A - SP (Revised 12/15/04) Page 4 of 22 In the event of damage to underground utilities, whether shown or not 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. inhere 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 the 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. All-weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile of suitable material on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. 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. .e~rt will be made ~.. n,.,~~v..,.~..,.. 1-^ j.m A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb lines 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 sewers 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 various bid items; therefore, no direct Part A - SP (Revised 12/15/04) Page 5 of 22 payment will be made to the 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 the Contractor. A-17 Field Office (NOT IISgD} A-18 Schedule aad Sequence of Construction To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the Contractor will be required to follow tight scheduling for construction and will be required to complete construction withia the allotted working time provided below. Meet deadliees fer eemgletien e~-e~eh--s~t-age-s€ the-were-~ that stage is eet eetttglete ^ ^'^~°-^ `'^' ^'°, Liquidated damages will be assessed for each day that the work is not completed. The working time for completion of the entire Project will be 150 calendar days. Completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and accepted by the City. The Contractor shall submit to the City Engineer a work plan based on calendar days for construction of the entire project. 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 also 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 for the entire project. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Moathly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: Part A - SP (Revised 12/15/04) Page 6 of 22 A. The schedule of construction shall be structured to meet all requirements of Section A-6 "Time of Completioa/Liquidated Damages" and as noted above. B. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of constructing the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services and street access with other contractors. D. Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications for special events that will occur during the period of the Contract. A-19 Coastructioa Project Layout aad Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, benchmarks, baselines, etc. that are normally. required to construct a project of this nature. Major controls and two (2) benchmarks, 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 benchmark, 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 benchmarks 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. 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 T~tir~~y Registered Professional Land Surveyor (R.P.L.S.} licensed in the State of Texas, retained and paid by the Contractor. The '"'-_'^a "~~^'-y R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the mw_,,n^~tj sQ~oeyer R.P.L.S. and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: ~~ • All curb returns at point of tangency/point of circumference; Curb and gutter flow line - both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. Part A - SP (Revised 12/15/04) Page 7 of 22 ry-- -____~___~---~ (F. F .7 ~ ~ s a 1.. 1 \ /TVT/\T ....7 fl0 rev :~.-.\ ~ r .a~_ • 11 t € ~ l~e-be xec ep-e -t X a ; l~ • y l ~ - ~a -ve v~~- T ' _ ` CtnrmcaatAr • 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 furnish and install one (1) Project sign as indicated in Attachment I. The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the sign will be determined in the field by the City Engineer. A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98} 1. Polic It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: Part A - SP (Revised 12/15/04) Page 8 of 22 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority persons}. (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 ~ 15 ~ b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from Part A - SP (Revised 12/15/04) Page 9 of 22 project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) (NOT IISED) -~y~.-~_ ~j -__f . 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 reinsurers) 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 8xemptioa (NO LONGER APPLICABLE) (6/11/98) Seetien $ 6 ~~, "T~x Exe~tpt~e~ ~revisien~~~ de~e~ed i~ ids e~~i~e-t~-a~~e c „ .ti...~. ~.,..ea , +.~..,. ,.o J Part A - SP (Revised 12/15/04) Page 10 of 22 Pal ie Ae eee~rts-ef Terms . If the-8e~raeter-elee~s te~er~ate ttnde~ a separ~a~ed-eentraet, he-~a' i =Qentlf~}e the apgregr}ate spaee en the "~t~te~rtent of ~~ate~}ale a~td ether ^xiccsges" ~~3 the~repASal ~6i~EE1 t~3e seat e~ ••+-•.• .,, •.• •••~,•••,• ..i,., ,.,.. ..~,,.a r 1 1 r fete t-he-P-re~ee~ . 3 . Pr~e~tde-resale v,.: F: ,...~~,. ~,. .,, _, e . i fei~'-u~l `~' ~e$, ~'x'c~se, ai~~-'~`~'~xes~rpF~~ea~~„ ~,. mow: ,. „v..~,.,.~- o g' ' ' ~~t the abeve regttir2~tte~tts 1'~te C-entree-te~~st }sstte ~ ~, P'~cic"~xzc~ vv'ic i i eery}fieate te-h}s s~tggl}er~- A-26 Supplemeatal Iasurance Requiremeats For each insurance coverage provided in accordance with Section 8-6-11 of the General Provisions, 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: Contracts Administrator 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 General Provisions, 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 General Provisions, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, Part A - SP (Revised 12/15/04) Page it of 22 servants, and employees, and eac harmless from any and all lawsuits expenses, including court costs anc injury to any person, or any death any damage to any property, which arisen out of or in connection wit foregoing indemnity shall apply e caused directly by the negligence i of them against and hold it and them claims, demands, liabilities, losses and attorneys' fees, for or on account of any at any time resulting from such injury, or may arise or which may be alleged to have h the work covered by this Contract. The kept if such injury, death or damage is or other fault of the City, its agents, d servants, or employees or any person indemnified hereon er. A-27 Responsibility for Damage Claims (NOT IISED) Paragr~pz`~ i ~ n , r • 1...•, •.. F oe,.~.,, n r .. ti, n,...,,..,.•,l ~rs„ri~~A~t9 s9 a$te~lc~cc~~e ~~~~R eea2r~g~ €e~ t-he-ter~t-~€ ''z, n ~ .- r, .. a a • -:a the-~a~e ~he-~~ ~s r' „ «. ~t,e-~i~9~e•E$ 6i~ Liei~'~4 v •,.a ~ a• i. T......~--.,7.~~-~ ,.,~~-°°~'°'~ i~elt~ding a~r•dedeet~ble The ,.~ ~. .,«. w a as • ~ _, ~a `r 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, the City will require a bidder to provide with the proposal form 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 be limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. Part A - SP (Revised 12/15/04) Page 12 of 22 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 required to be included with the proposal form. 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 writtea approval of field administration staff is a prerequisite to the City 8agineer's obligatioa to execute a coatract 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 of the General Provisions. 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: ~~ Pr~e~sals, tlie-t~iree-r3~-apparent lewest `~~a~ Bidders must submit to the City Engineer the following information with their proposal form: 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. 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 Gity 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 of the General Provisions; Part A - SP (Revised 12/15/04} Page 13 of 22 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 Special Provision A-28 concerning "Considerations for Contract Award and Execution" and Special Provision A-29 concerning "Contractor's Field Administration Staff"; A T F- F ' .,7 7~ L~ .. 1 T1.. T '~ C V ~ ~ 1 . -. L.1 .. _ y ~ a ' ~YY ' 10. ti7}thin five '~` a ~ " '^i'~ '`~^^''' Submit in letter form, '" y , 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 8xtra Work and Change Orders" Under "General Provisions and Requirements for Municipal Construction Contracts", Section 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", Section B-3-5 "Execution of Contract", add the following:. "The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor." A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to is 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 Transportation "Standard Specifications for Construction of 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. Part A - SP (Revised 12/15/04) Page 14 of 22 A-35 City Water Facilities: Special Requirements (NOT IISBD) .,Y ~ ...... ........~..... .... ~. ~ .~..... i i iNm I i i i i i ~ T I i i t ~ ~ v &~3 ..L..v „Lti,.,.,. ..L~,...,.; ..,,.,a t=II[G s S= Rtaf~rte~is~Fte = sl~e~t e e~+g~6yee e epe~a e - te~ts EFkl~st 9~ ~2e ^_''1 m-.a-..,.. T,..y .,-~a-m im rint _ "Tecccer _~~-~ ._ r __---____- ___._ i i i I r i ~-amt-~e~i ~e~ Eit~g e~see~-€......=,~'_^L,.,j- ~---- - to rise ~- $. $ai~ ~~3~--aaa-$ 3.s~0sa~ 0€ ~'~'a.^,:'~ ' I . L.._...,t.. a,; , }"V17~TTT)T lTT/1D .. I [+ /1TT C~TTL - I Tf'~L,T7lDT TTf~TT I e~~}epee ; a ~,.,+- ; ~ ; ...... ; .. . €e~~ Ee~r~e ~ t l }fi h ll e~seel te~ ~~ teees e e~ -P~ev e Coy=t=Qeter s a tele~e~es awe-z~~~}ladle €e~ ~e~tt~aete~ use ~~-~re~}~g ~et~~s va}11 ~e 7 - A9 ~ A4 to 5 - ~~ T, I„I ,,.,.r,~., ~ .-~.r~:_.,..: ,~,. _1 Part A - SP (Revised 12/15/04) Page 15 of 22 pePe~zment - •~ F 1 .. +- ,r-.---_~_____~ . i I l ~ ~e a tai~ } =r eal}b a~td ~a~e rr,.g,. ,.w~ miles-Q~t~te y. ~ ~j__-_..- _r~__ e to p~eTeet~ F ~ .,.i L........ ~ .~. --___ __ P ma ~ , , , hype ~v}l~ be . ~}}e=pi'e~l~et~~ .. r.. ,.a......e... Tv. .~.~ . - - j - ..- _ _ . ~.._.,w,.a a , F ~ ~~. a ,-, , , Cf~y-SEA sy . stem r y r ~ ~ ,~, ..,.,... ,. a ~,. m,. ..,..t_ n.. .,.... A-36 Other Submittals (Revised 9/18/00} 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: Quantity: Contractor shall submit number of copies required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one {1) reproducible transparency for all shop drawings. Part A - SP (Revised 12/I5/04) Page 16 of 22 c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section, and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier, pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamg: 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. g. Variations: Contractor must identify any proposed variations from the Contract Documents and any Product or system limitations which may be detrimental to the successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by the 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, through 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. Test and Repair Report: When specified in the Standard or 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", Section B-6-15 "Arrangement and Charge for Water Furnished by the City", add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A_-38 Worker's Compensation Coverage for Building or Construction Projects for Government Batities Part A - SP (Revised 12{15/04) Page 17 of 22 The requirements of "Notice to Contractors-B" are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance (NOT IISBD) 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 Adviso Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day ~~~~Go: t=aete~ v~ill be-eeFttpensated at tote-mot ~}ee i~ieated-}e the--pr-epes~' 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 ~Iademaificatioa and Hold Harmless" (9/98) Under "General Provisions and Requirements for Municipal Construction Contracts", Section B-6-21 "Indemnification and Hold Harmless", text is deleted in its entirety and the following is substituted in lieu thereof: "The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the Contract or in connection therewith by the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the City, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the Contractor, or any subcontractor, supplier or materialman." A-44 Change Orders (4/26/99) Should a change order(s) be required by the Engineer, the Contractor shall furnish the Engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, subcontractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by the Contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) 1. The Contractor shall make appropriate daily measurements of facilities Part A - SP (Revised 12/15/04) Page 18 of 22 constructed and keep accurate records of location (horizontal and vertical) of all facilities. 2. 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: a. Horizontal and vertical dimensions due to substitutions/field changes. b. Changes in equipment and dimensions due to substitutions. c. "Nameplate" data on all installed equipment. d. Deletions, additions, and changes to the scope of work. e. Any other changes made. A-46 Disposal of Highly Chlorinated Water (7/5/00) (NOT IISED) te wetl h }~ d€ € = =' _ __ _ ands er~~*ir~ nment-all se arge t er the r= == " ~ «< €~ ea~tita~-sedae~ sys-tem €ar-dispes~l e€ ^'--M~^~} ^'' ~'"''^ A-47 Pre-Construction Exploratory Excavations (7/5/00) Prior to any construction whatsoever on the Project, the Contractor shall excavate and expose all existing pipelines of the Project that cross within twenty feet (20') of proposed pipelines of the Project, and the 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, the Contractor shall excavate and expose said existing pipelines at a maximum spacing of 300 feet O.C., and the Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 feet O.C. maximum intervals. The 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. The 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 Contractor has received Engineer's approval of the report. Exploratory excavations shall not be paid for separately, but shall be considered subsidiary to items that require excavations. Any pavement repairs associated with exploratory excavations shall be paid for according to the established unit price(s) for pavement repair. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A-48 Overhead Electrical Wires (7/5/00} The Contractor shall comply fully with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are Part A - SP (Revised 12/15/04) Page 19 of 22 many overhead wires crossing the construction route and along the construction route. The Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of its employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. The Contractor shall coordinate his werk with A.E.P. and inform A.E.P. of its construction schedule with regard to said overhead lines. Some overhead lines may be shown in the construction plans, while others are not. shown. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown on the plans or not. A-49 Ameaded "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", Section 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 Amended "Prosecutioa and Progress" Under "General Provisions and Requirements for Municipal Construction Contracts", Section B-7 "Prosecution and Progress", add the following: "Funds are appropriated by the City on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract." A-51 Dewatering aad Disaosal of Grouad Water As part of the Project requirements, the Contractor shall perform dewatering, depressurization, draining, controlling and disposal of ground water in excavations and trenches in accordance with Technical Specification Section 022021 "Control of Ground Water". A-52 Storm Water Pollution Prevenitioa Plaa This Project is required to have a Notice of Intent (NOI) submitted as per Part II.D of the TPDES General Permit No. TXR150000. The Contractor will be required to submit a NOI along with the appropriate fee, and complete a Construction Site Notice for this Project. The Contractor is required to provide copies of the NOI and Construction Site Notice to the City prior to commencement of any construction activities. The Contractor is also required to post a signed copy of the NOI and Construction Site Notice at the construction site in a conspicuous location where it is readily available for viewing by the general public, local, state and federal authorities, prior to commencement of any construction activities. The Contractor will be required to submit a Notice of Termination (NOT) upon completion of this Project. The Contractor shall adhere to the requirements of the Storm Water Pollution Prevention Plan as per the drawings and specifications contained in the Contract Documents. A-53 Video Documeatatioa As part of the Project requirements, the Contractor shall perform televised Part A - SP (Revised 12/15/04} Page 20 of 22 inspections of all ~s-te~aa~.er '~--~"'~~~ ~ ^'^` °°~ storm water gravity lines and manholes installed on this Project. All inspections shall be made in accordance with Sid Technical Specification Section 027411 "Television .Inspection of Conduits". A-54 8lectroaic Proposal Form "General Provisions and Requirements for Municipal Construction Contracts" Section B-2-7 "Preparation of Proposal" is amended as follows: The bidder has the option of submitting a computer-generated print-out, in lieu of the Proposal Form (Pages 3 through 6, inclusive). The print-out shall list all bid items (including any additive or deductive alternates} contained on the Proposal Form (Pages 3 through 6, inclusive). The print-out shall be substantially in the form shown on Attachment II. If the bidder chooses to submit a print-out, the print-out shall be accompanied by properly completed Proposal Form pages 1, 2, 7, 8 and 9. In addition, the print-out shall contain the following statement and signature, after the last bid item: "(Bidder} herewith certifies that the unit prices shown on this print-out for bid items (including any additive or deductive alternates) contained on the Proposal Form are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print-out. (Bidder) acknowledges and agrees that the Total Bid amount shown will be read as its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown on this print-out by the respective estimated quantities shown on the Proposal Form (Column II) and then totaling the extended amounts. (Signature} (Title) (Date) " Part A - SP (Revised 12/15/04) Page 21 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: Las Colonias Subdivision Drainage Improvements (#2268) and Drainage Channel Clearing and Stabilization at Saratoga Bridge (#2287) OWNER: City of Corpus Christi ENGINEER: Freese and Nichols, Inc. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Part A - SP (Revised 12/15/04) Page 22 of 22 A G R E E M E N T THE STATE OF TERAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 20TH day of OCTOBER, 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 $376,642.10 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS AND DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE PROJECT NOS. 2268 & 2287 (TOTAL BASE BID PART A & PART B: $376,642.10). 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 Paqe 1 of 2 LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS (#2268) DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE (#2287) BASE BID PART A: LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS I n m Iv v EXT NS O BID UNIT PRICE IN (QTY X UNIT PRICE IN ITEM QTY 8 UNIT DESCRIPTION FIGURES FIGURES Al 154 Remove Existing Concrete Curb 8~ Gutter, LF complete in place, per Linear Foot $ 7.90 $ 1, 216.60 A2 1 Remove Existing Curb Inlet, EA complete in place, per Each $ 619.50 $ 619.50 A3 25 Remove Existing 30" R.C. Pipe, LF complete in place, per Linear Foot $ 15.50 $ 387.50 A4 240 Remove Existing Concrete Valley Gutter, SF complete in place, per Square foot $ 2.90 $ 696.00 A5 g0 18" Dia. R.C.P. (Class 111), LF complete in place, per Linear Foot $ 61 .60 $ 3, 696.00 Ag 25 36" Dia. R.C.P. (Class III), LF complete in place, per Linear Foot $ 99.60 $ 2, 490.00 A7 3 5' Standard Curb Inlet, EA complete in place, per Each $ 2, 246.50 $ 6, 739.50 A8 2 5' Inlet Extension, EA complete in place, per Each $ 807.40 $ 1, 614.80 A9 170 g" Concrete Curb & Gutter, LF complete in place, per Linear Foot $ 20.00 g 3, 400.00 A10 45 Asphalt Pavement Repair, SY complete in place, per Square Yard $ 151.00 $ 6.795.00 A11 2220 Sediment Control Fence for Stormwater LF Pollution Prevention, complete in place, 1 .50 $ 3, 330.00 per Linear Foot $ A12 620 Regrade Existing Drainage Swale along LF Saratoga Blvd., complete in place 10.70 $ 6, 634.00 per Linear Foot $ A13 1245 Excavate New Drainage Ditch along Celle LF Las Colonies, complete in place, 9.30 $ 11, 578.50 per Linear Foot $ PROPOSAL FORM PAGE30F9 I n rn Iv v BID UNIT PRICE IN (QTY X UNIT PRICE IN ITEM QTY 8~ UNIT DESCRIPTION FIGURES FIGURES A14 120 Stone Rip-Rap Spillway (12" to 24" Stone), SF complete in place, per Square Foot $ 12.30 $ 1, 476.00 A15 1 Adjust Gas Valve to Finish Grade, EA complete in place, per Each 398.50 $ 398.50 $ A16 120 Backfill and Finish Grading Between Curb CY and Proposed Ditch, complete in place, 11.40 $ 1, 368.00 per Cubic Yard $ A17 4500 Seeding for Erosion Control in Disturbed SY Areas, complete in place, per Square Yard $ 1.50 ~ 6, 750.00 A18 85 Trench Safety for R.C.Pipe, • ~ 76.50 LF complete in place, per Linear Foot $ $ A19 1 Traffic Control, complete in place, LS per Luma Sum $ 2, 362.50 $ 2, 362.50 TOTAL BASE BID PART A (Items Al througfi A19): $ 61, 628.90 PROPOSAL FORM PAGE40F9 LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS (#2268) DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE (#2287) PART B• DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE I II III N V ID SION BID UNIT PRICE IN (QTY X UNIT PRICE IN ITEM QTY ~ UNIT DESCRIPTION FIGURES FIGURES Channel Excavafwn and Clearing for 61 42,200 La Volla Creek, complete in place, $ 265,860.00 CY . per Cubic Yard $ 6' ~ B2 1932 Stabilized Construction Entrances, 40 2 4, 636.80 SF complete in place, per Souare Foot . $ $ 63 30 Temporary Rock Filter Dam, complete in LF place, per Linear Foot $ 36.20 $ ~ ' 0~' ~ B4 43,410 Seeding for Erosion Control in Disturbed 0 94 40, 805.40 SY Areas, complete in place, per Sauare Yard . $ $ B5 1 Traffic Control, complete in place, S 625. AO 2 $ 2, 625.00 LS um per Lump , $ TOTAL BASE BID PART B (Items B1 through B5): $ 315, 013.20 PROPOSAL FORM PAGE 5 OF 9 LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS (#2268) DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE (#2287) BID SUMMARY TOTAL -BASE BID: SUBTOTAL BASE BID DESCRIPTION TOTALS Total Base Bid Part A Items Al through A19 $ 61, 628.90 Total Base Bid Part B Items B1 through B5 $ 315, 013.20 TOTAL BASE BID (Parts A and B): $ 376,642.10 PROPOSAL FORM PAGE 6 OF 9 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 150 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 Secretary CITY OF/`'.CO~RPU//S~CffitISTI Oscar Martinez, Asst. City Mgr. of Public Works and Utilities APPROVED AS~TO GAL FORM: By: / Asst. City Attorney B ~.~~ T~ Y' Pete Anaya, P.E. Director of Engineering Services CONTRACTOR H & G Contractors, Inc. By: Tit 1 e : U ~, ~j ~i~,Q,~.L_Q~CL~- (Note: If Person signing for corporation is not President, P . O .BOX 10706 attach copy of authorization (Address) to sign) CORPUS CHRISTI, TX 78460 (City) (State)(ZIP) 361/289-2556 ~ 361/289-2557 (Phone) (Fax) v,. ~~ AUTHORItE~ 1~' ~Q~IIAICI~ ,....~... ~20 ~ Agreement SECRETARY ~b Page 2 of 2 ~J ~~ PROPOSAL FORM FOR LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS AND DRAINAGE CHANNEL CLEARING AND-STABILIZATION AT SARATOGA BRIDGE PROJECT NO. 2268 AND 2287 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 9 PROPOSAI, Place: City Secretary's Offive Date : September 23, 2009 Proposal of A & G (7oaitractors, Inc. a Corporation organized and existing under the laws of the State of ~s 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: LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS AN D DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE PROJECT N0. 2268 & 2287 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: PROPOSAL FORM PAGE20F9 LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS (#2268) DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE (#2287) BASE BID PART A: LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS 1 II III IV V BID ITEM EXTENSIO BID UNIT PRICE IN (QTY X UNIT PRICE IN ITEM QTY 8 UNIT DESCRIPTION FIGURES FIGURES Al 154 Remove Existing Concrete Curb & Gutter, LF complete in place, per Linear Foot $ 7 , 90 $ 1, 216.60 A2 1 Remove Existing Curb Inlet, EA complete in place, per Each $ 619.50 $ 619.50 A3 25 Remove Existing 30" R.C. Pipe, LF complete in place, per Linear Foot $ 15.50 $ 387.50 A4 240 Remove Existing Concrete Valley Gutter, 90 2 696.00 SF complete in place, per Square Foot . $ . $ A5 60 18" Dia. R.C.P. (Class III), LF complete in place,. per Linear Foot $ 61.60 $ 3, 696.00 A6 25 36" Dia. R.C.P. (Class III), LF complete in place, per Linear Foot $ 99.60 $ 2, 490.00 A7 3 5' Standard Curb Inlet, EA complete in place, per Each $ 2, 246.50 $ 6, 739.50 A8 2 5' Inlet Extension, EA complete in place, per Each $ 807.40 $ 1, 614.80 A9 170 6" Concrete Curb & Gutter, LF complete in place, per Linear Foot $ 20.00 $ 3, 400.00 A10 45 Asphalt Pavement Repair, SY complete in place, per Square Yard $ 151.00 $ 6, 795.00 A11 2220 Sediment Control Fence for Stormwater LF Pollution Prevention, complete in place, 1.50 $ 3, 330.00 per Linear Foot $ A12 620 Regrade Existing Drainage Swale along LF Saratoga Blvd., complete in place 10.70 $ 6, 634.00 per Linear Foot $ A13 1245 Excavate New Drainage Ditch along Calle LF Las Colonies, complete in place, 9.30 $ 11, 578.50 per Linear Foot $ PROPOSAL FORM PAGE 3 OF 9 I II ul Iv v 1 I EM EXT BID UNIT PRICE IN (QTY X UNIT PRICE IN ITEM QTY 8~ UNIT DESCRIPTION FIGURES FIGURES A14 120 Stone Rip-Rap Spillway (12" to 24" Stone), SF complete in place, per Square Foot $ 12.30 $ 1, 476.00 A15 1 Adjust Gas Valve to Finish Grade, EA complete in place, per Each 398.50 $ 398.50 $ A16 120 Backfill and Finish Grading Between Curb CY and. Proposed Ditch, complete in place, 11 .40 $ 1, 368.00 per Cubic Yard $ A17 4500 Seeding for Erosion Control in Disturbed SY Areas, complete in place, per Square Yard . $ 1 .50 $ 6, 750.00 A18 85 Trench Safety for R.C.Pipe, • 90 76, 50 LF complete in place, per Linear Foot $ $ A19 1 Traffic Control, complete in place, LS per Luma Sum $ 2, 362.50 $ 2, 362.50 TOTAL BASE BID PART A (Items Al through A19): $ 61 , 628.90 PROPOSAL FORM PAGE40F9 LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS (#2268) DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE (#2287) PART B: DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE - 11 III IV V BID I E TENSION BID UNIT PRICE IN (QTY X UNIT PRICE IN ITEM QTY >3i UNIT DESCRIPTION FIGURES FIGURES Channel Excavation and Clearing for 61 42,200 La Voila Creek, complete in place, $ 265, 860.00 CY per Cubic Yard $ 6.30 62 1932 Stabilized Construction Entrances, 40 2 4, 636.80 SF complete in place, per Scauare Foot . $ $ B3 30 Temporary Rock Filter Dam, complete in LF place, per Linear Foot $ 36 _ 20 $ 1, 086.00 B4 43,410 Seeding for Erosion Control in Disturbed 0.94 40, 805.40 SY Areas, complete. in place, per Souare Yard $ $ 65 1 Traffic Control, complete in place, LS per Lump Sum $ 2, 625. AO $ 2, 625.00 TOTAL BASE BID PART B (Items B1 through B5): $ 315, 013.20 PROPOSAL FORM PAGE 5 OF 9 LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS (#2268) DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE (#2287) BID SUMMARY TOTAL -BASE BID: SUBTOTAL BASE BID DESCRIPTION TOTALS Total Base Bid Part A Items Al through A19 $ 61, 628.90 Total Base Bid Part B Items B1 through B5 g 315, 01:3.20 70TAL BASE BID (Parts A and B): ~ 376,642.10 PROPOSAL FORM PAGE 6 OF 9 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his -bid or bids, that he agrees to do the work, and that no representations made by-the City are in any sense a warranty but~are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 150 calendar dTvs from the date designated by a Work Order. No additional time will be allotted for any Additive Alternate. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all the 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): #1 (9-22-2009) Respectfully submitted: Name: H & G Inc. By: Garnett (Seal - If Bidder is (S CNATURE) V1C7e Preside9nt a Corporation) Address: P.O.Bav[ 10706 1225 Sc~_ Mirwral RA__ (P.O: Box} (Street) DC, Tx 78460) OC, TX 78409 (City) (State) (Zip) Telephone: (361) 289-2556 NOTE: Do not detach bid from other papers: Fill in with ink and submit. complete with attached papers. PROPOSAL FORM (Revised August 200 PAGE 7 OF 9 P E R F O R M A N C E B O N D STATE OF TEXAS § BOND NO. SSB382670 IOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT H ~ G Contractors, Inc. of NUECES County, Texas, hereinafter called "Principal", and RLI INSURANCE COMPANY a corporation organized under the laws of the State of ILLINOIS , 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 THREE HUNDRED SEVENTY-SIX THOUSAND, SIX HUNDRED FORTY-TWO AND 10/100 ($376,642.10 ) 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: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 20TH of OCTOBER 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS AND DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE PROJECT NOS. 2268 & 2287 (TOTAL BASE BID PART A 6 PART B: $376,642.10) 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 30TH day Of OCTOBER 2O 09 PRINCIPAL H & G CONTRACTO~F i,_ T~_ SURETY RLI INSURANCE COMPANY By • _ ;. Attorne -fact MARY ELLEN MOORE _. (Print Name) -. .., The Resident Agent of the Surety in Nueces County, .~~, ~°"`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 ~rrinL Name ~ ~riLle~ P A Y M E N T B O N D BOND NO. SSB382670 STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT 8 6 G Contractors, Inc. of NUECES County, Texas, hereinafter called "Principal", and RLI INSURANCE COMPANY , a corporation organized under the laws of the State of ILLINOIS , 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 THREE HUNDRED SEVENTY-SIX THOUSAND, SIX HUNDRED FORTY-TWO AND 10/100($376,642.10) 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: TAE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 20TH day OCTOBER 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: LAS COLONIAS SUBDIVISION DRAINAGE II~lPROVEI~NTS AND DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE PROJECT NOS. 2268 ~ 2287 (TOTAL BASE BID PART A & PART B: $376,642.10) 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 WITN833 WSLREOF, this instrument is executed in 4 co ies P each one of which shall be deemed an original, this the 30TH day O f OCTOBER 2 0 09 PRINCIPAL H & G CONTRACTORS, INC. By: '' ( i t Name & Title) AT T (Print Name & Title) SURETY RLI INSURANCE COMPANY µ .- AgAAC~s; SWANTNER & GORDON INSURANCE AGENCY COntiCt Person: MARY ELLEN MOORE Address: p.0. 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 Attorney act ~~ MARY ELLEN MOORE (Print Name) ~R~ CERTIFICATE OF LIABILITY INSURANCE HGC CIO DATE(MIWD°"YYY' ON 10/30/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Svrantner & Gordon Ins Agcy-CC HOLDER. THIS CERTIFlCATE DOES NOT AMEND, EXTEND OR PO Box 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78403-0870 Phone: 361-883-1711 Fax:361-844-0101 INSURERS AFFORDING COVERAGE NAIC # INSURED H & G C t actors Inc INSURER A: Valley Forge Insurance Co 20508 , . ~l ~ i H & G O f ald Services, a INSURER B: Amer Cail Cas Co Reading PA 20427 Division of H & G Contractors, Inc. INSURER C: Continental Insurance Co 35289 P D BOX 1O'7O6 Cor us Chri ti TX 78460 INSURER D: Great American Isis • CO. 16691 p s 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 W ITH 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 ANO CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSUR E POLICY NUMBER DATE MMIDD/YYY DATE MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY 2070926033 06/23/09 06/23/10 PREMISES (Eaoxurence) $ lOOOOO CLAIMS MADE ~ OCCUR / MED EXP (Any one person) $ SOOO ~/ PERSONAL&ADV INJURY $ OOOOOO X Poll - $500000 GENERAL AGGREGATE 2000000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2000000 POLICY X JET LOC Hen. 1000000 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT / (Eaaccdent) 1, 000 ~ OOO A X ANY AUTO t/ 2070926114 06/23/09 06/23/10 ALL OWNED AUTOS BODILY INJURY ~ P $ SCHEDULED AUTOS er person) ( X HIRED AUTOS BODILY INJURY P id $ X NON-OW NED AUTOS er acc ent) ( A X ilRCS-90 ENDT PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ S~OOO~OOO C X occuR ~ CLAIMSMADE 2094656095 06/23/09 06/23/10 AGGREGATE $ 5,000,000 $ DEDUCTIBLE $ X RETENTION $ 1O ~ OOO $ WOR KER S COMPENSATKIN X AND EMP LOYERS' LIABILITY TORY LIMITS ER H ECUTIVr ~ 2070926159 06/23/09 06/23/10 E.L. EACH ACCIDENT $ lOOOOOO OFFICER/MEM ER EXCLUDED? (Mandatory in NH) LJ / E.L. DISEASE - EA EMPLOYEE $ 1 O O O O O O If yes, describe under SPECIAL PROVISIONS below / E.L. DISEASE-POLICY LIMIT $ 1000000 OTHER D Equipslent >s~AC685934101 06/23/09 06/23/10 Lsd/Itntd $250, 000 Scheduled Various DESCRIPTION OFOPERATIONS /LOCATIONS / VEHK;LES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Projects: #2268 & 2287 Las Coloaias Subdivision Drainage Improvements and Drainage Channel Clearing and Stabilization at Saratoga Hridge. The City of Corpus Christi i3 named as additional insured on all general liability (GL) and all automobile liability (AL) policies. Additional Insured 8ndorsement3 are attached. CERTIFlCATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATK)N C.IL.O_L.L. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN ~ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City Of COrpuB Christi IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Dept. of Engineering Services Attn: Contract Administrator REPRESENTATIVES. PO BOX 9277 AU D ENTATIVE o s Christi TX 78469-9277 ACORD 25 (20091) ®1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 This Certificate of Insurance 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 _ / G-131279-C:J~I ~/ (Ed. U71U5) ~~~~ - S $~ G Gbtitsactors, Inc. Pblicy ;~I12070926U33 Yt#t~ ~Ml~tt'3f~ E~gIE"IV1" CtfANt~I~S Y't~l~ IP~L.ICY. t~!_fEA:i~ I~i.:ATJ {T t;A~tt::lFIjLI..Y. I,.tl~(I°i'~l~ f~pL~~J'1'ICJN 1:~~l~f~A~~ _..11V~f~aC 5t`~'~~ This endorsement +z~odifies insurance provided under the following: COMMERCIAL GENERAL LIAEiILITY COVERAGE PART / v Schedule Each Pollution Incident Limit ice.,. Pollution Liability Aggregate Limit ~- ~~~ ^__,_, property Damage Deductible i! ~r~ _„_ Each Pollution Incident (If no entry appears in the space above for property damage deductible, no deductible applies to the coverage provided by this endorsement.} This endorsement modifies ,everal sections of the Commercial General L.iabiiity Coverage part. These modiflrations apply only to the coverage provided by this endorsement. 7. Exclusion f., Pollution, under F_-xclusiorts of Section 1 -- Coverage A -~ Bodily Injury And Property Damage, is amended as follows: A. Paragraphs (1KaNii) and (1xej are deleted. t3. Paragraph (1)(d) is deleted and replaced by the following: (d) At or from any premises, site or IocaGon on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are perforn-ing operations. Z. The following is added to COVERAGES (Section I): COVERAGE D. LINAITED POL.LUTiGN COVERAGE 4. Insuring Agreement. a. We will pay those sums that the insured becornes IegaNy obligated to pay as damages because of "bodity injury" or "property damage" which directly results from a covered "poNution incident" to which this insurance applies. We will have the righf and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "pollution incident" and settle any claim or "suit" that may result. But: (7) The amount we wiN pay for damages is limited as described in SECTION III - LtMITS OF INSURANCE of this endorsement; {2) Our right and duty to defend end when we have used up the applicable li+nit of insurance in the payment of judgments or settlements; and (3) We have no duty to defend "suits" seeking damages not covered by this policy. No other obligaiia~ or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMJ=NTS - COVERAGES A. B, AND D as amended by this endorsement. b_ This insurance applies to "bodily injury" or "property damage" only if the "bod~yr injury' or "property damage" directly results from a "poNution incident": (1) which "commences during the policy period"; (2) on or from a "work site" in the "coverage territory"; and (3) is accidental. "Commences during the policy period" means that the first emission, discharge, release or escape of the "poNutant" or "pollutants" from which the "bodily injury" or "property damage" arises is demonstrable as having occurred during this policy period. c. All "bodily injury" or "property damage" resulting from one "pollution incident" shall be deemed to have occurred only at the commencement date of the covered "poNution incident." d. Damages because of "bodily injury" include damages Gaimed by any person or organization for care, toss of services, or death resulting at any time from the "bodily injury." G-132273-C99 {Ed. UT/U&) Page 1 of 4 G-1.3?_279-C~39 2. Exctusiona. The insurance provided by this endorsement does not apply to: a. "Bodily injury' or 'property damage" expected or reasonably foreseeable from the standpoint of the insured. b. "Bodily in~ry" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liabifdy in a contract or agreement. This exclusion does not apply to liability for damages that the insured wautd have in the absence of the contrast or agreement. c. My obligation of the insured under a workers' compensation, disat>nlity benefits or unemployment compensation law or any similar law. d. "Bodily injury" to: {1} An empbyee of the insured arising out of and in the course of: (a) employment by the insured; or (b} performing duties related to the conduct of the insured's business. (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1} above. This exclusion applies: {1) Whether the insured may be liable as an empMyer or in any other capacity; and (Z) To any obligation to share damages with or repay someone else who must pay damages because of the injury. e. "Property damage" to: {1} A 'livaste faciity" to which waste from the operations of an insured is unsigned; (x} Properly you own, rent, or occupy now or at any time in the past; (3} Pn~rnises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; {4j Property loaned to an insured; or (S} Personal property in care, custody or control of an insured. f. "Bodily iryury' at or from a "Wvaste facility" to whictr waste from the operation of an insured is consigned. g. "Bodily injury" or "property damage" arising out of a "pollution incident' at or from a "work site" which is a "waste facility." h. "Body injury" or "property damage" included wdhin the "products-completed operations hazard." i. "Bodily injury' or "property damage" arising out of the ownership or operation of any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 1978 or the Clean Water Act of 1977 as amended 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as maybe amended. j. "bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto," roNing stock or watercraft owned or operated by or rented or Maned to any insured. Use indudes operation and "loading or unloading.` k. "bodily injury" or "property damage" arising out of the emission, discharge, release or escape of driNir~g fluid, oil, gas or other fluids from any off, gas, mineral, water or geothermal weN. t. "Bodily injury" or "property damage" arising out of a "poNution incident" which results from or is directly or indirectly attributabHe to faikre to comply wkh any applicable statute, regulation, ordinance, directive or order relating to the protection of the environment and promulgated by any governmental body, provided that failure to comply is a willful or deliberate act or omission of: (1) The insured; or {2) You or any of your members, partners, executive officers or managers of limited liability companies. m. "Bodily injury" or "property damage" arising out of acid rain. n. "f3odiy injury' or "property damage" arising out of: {7) The transportation of "mobile equipment" by "auto" owned ar operated by or rented or Maned to any insured; or (2} i"he use of "mobile equipment" in, or wtute in practice or preparation for, a prearranged racing, speed or demdition contest or in any stunting activity. o. Any loss, cost or expense arising out of any request, demand or order by a G-132279-C99 (Ed. a7~osj Page 2 of 4 G-1322 7~J-C99 (Ed. 07/05) governmental authority that any insured or others test ior, monitor, clean-up. remove, contain, treat, detoxify or neutralize, or in any way respond to. or assess the affects of "pollutants" ai any site which is included on an EPA or state environunental agency priority clean-up list prior to the "pollution inCidenE." p. "Liodily injury" or "property damage" arising out of: (1) the actual, alleged or threatened exposure at any Gme to asbesios or any loss, cost, or expense that may be awarded or incurred by reason of a claim or "suit" for such injury or damage; or (2j complying with a governmental direction or request to test for, monitor, dean-up, remove, contain, or dispose of asbestos. Asbestos means the mineral in any farm whether or not the asbestos was at any time: (1) Airborne as a fiber, particle, or dust; (2) Contained in or formed a part of a product, structure, or ocher real or personal properly; (3) Carried on clothing; (4j Inhaled or ingested; or (S) Transmitted by any other means. or others test ior, monitor, clean up, remove, contain. treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (2) Clam or suit by or on behalf of a govemrnental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants." 1-Iowever, this exclusion does not apply to liability for damages because of "property damage" that is not otherwise excluded by this overage part. Coverage D. i3. SUPPLEMENTARY PAYMEN'T'S -COVERAGES A AND B is amended to: SUPPLEMENTARY PAYMENTS -COVERAGES A,BANDD C. SECTION H -WHO ISi AN INSURED is amended as follows: 1. The following additional subparagraph is added to paragraph 3. of SECTION II ~ WNO tS AN INSURED as 3.d.. Coverage D does not apply to "bodily injury" or "property damage" arising out of "polution incidents" that occurred be%re you acquired or formed the organization. 2. 'fhe folbwing additional paragraph is added at the end of SECTION II -- WHO 18 AN INSURED: q. Any multiple, punitive or exemplary damages ~ fines or penalties. However, if a "suit" is brought against the insured with respect to a claim for acts or alleged acts falling within the coverage hereof, seeking both ompensatory and punitive or exemplary damages, then we will afford a defense io such action, without I'iability for such punitive or exemplary damages. r. Arty loss, cost or expense arising out of arty request, demand, order or "suit" by a designated natural resource trustee or other person vested with the authority under any federal or state slahrte to make such deans, that any insured or others assess, replace, restore ar rehabilitate naturM resources, or in arty way provide compensation for "property damage" to natural resources due to the effects of "pollutants s. Any loss, cost or expense arising out of any: (?) Request, demand, order or statutory or regulatory requirement that any insured G-13227rJ-C99 (Ed. 07Jt}5) No person or organization identified as an insured on any endorsement now or hereafter attached to this Coverage Part is an insured with rasped to COVERAGE D. -LIMITED POLLUTION COVERAGE -WORK SITES, unless that endorsement specifically references [:united Polution Coverage - Work Sites coverage by name. D. SECTION III - LIM(I'S OF INSURANCE is deleted and replaced by the following: LIMITS OF INSURANCE 1. The Lanus of Insurance described in the Schedule of the Limited Pollution Coverage - Work Site endorsement, and the rules below f"nc the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or cringing "suits." Page 3 of 4 aw 2. The Pollution Liability Aggregate Lirnit is the most we will pay for all damages because of all "bodily injury++' and "property damage" directly resulting from aU "pollution incidents" to which this endorsement. CUVERAGE D, applies_ 3. Subject to 2. above, the Each Pdlution Incident Limit shown in the Schedule is the most we will pay for the sum of alt damages because of "bodily injury" and "properly damage" directly resulting from any one "pollution incident" to which this endorsement, COVEF2AGE D, applies. 4. 1-he Limits of Msurance of this coverage apply separately to each consecutive annual period and to any remainir~ period of less than i 2 months, starting with the beglrlnlt-g of the policy period shown in the Declarations, unless the policy period is oxtended after ~suance for an additional period of less than 12 months. In that case, the additional period wltl be deemed part of the preceding period for purposes of determining the Limits of Insurance. S. The Limits of Insurance for this coverage are separate from and not subject to the General Aggregate Limit for Coverages A., B. and C. of this policy. ~. The Limits of Insurance for this coverage shalt not be amended by any endorsement attadred to this policy which does not specificaSy reference Limited Pollution Coverage -Work Sites. Deductible 1. Our obligation under this endorsement to pay damages for "property damage" on your behalf applies only to the amount of damages in excess of any deductible amount stated in the schedule of this endorsement as applicable to Each Pollution Inciden#. Neither the Each Pollution Incident Limit nor the Polution Liability Aggregate Limit will be reduced by the application of such deductible amount 2. The terms of this insurance. including those with rasped to: a_ Our right and duly to defend any "suits" seeking those damages; and b. Your duties in the event of an "occurrence," claim, or suit apply irrespective of the applicatron of the deductible amount. 3. We may pay any part or aN of the deductible amount to effect settlement of a-ty claim or suit and, upon notification of the action taken, you G132279-C99 (Ed. 07105) G-~13227fl-C9fl (Ed. 07/05 shah promptly reimburse us for such part of the deductible amount as has been paid by us. E. SECTION IV - COMMERCtAt GENERA!. LIABILITY CONDITIONS is amended as folosws: 1. Condition 2.a. is replaced by the following: 2. Duties M Tfte Event of l'oltution Incident, Claim yr Suit. a. You must see fo it that we are notified as soon as practicable of a "poltuiion incident` that may result in a claim. To the extent possible, notice should include: (1) How, when, and where the "polution incident" took place; (2) The names and addresses of any injwed persons acrd witnesses; and (3) The nature and location of any release, and of any injury or damage arising out of the "pollution incident " Z. Condition 4. Other Insurance is amended as follows: Alt references to Coverages A or B are amended to read Coverages A, B, or 0. F. The following definitions are added to SECTION V - DEFINtTIQNS: "Pollution incident" means the emission, discharge, release, or escape of "pollutants," provided that such emission, discharge, release, or escape results in the injurious presence ~ "pollutants" in or upon land, the atmosphere, interior of a building or arty water course, body of water ar ground vr~er. A series of related emissions, discharges, releases or esc~es of `pollutants" wltl be deemed to be one "pollution incident" "Waste facility" means any site to which waste is delivered for storage, disposal, processing or treatment, whether or not such site is licensed by a governmental aulhoriiy to perform such storage. disposal, processing or treatment. "Work site" means any site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations, including sites temporarily borrowed or rented in support of a single works~e for storage of construction equipment. "Work site" does not include any premises, site or location which is or was at any time owned or occupied by or rented or loaned to any insured, except for the purpose of performing construction operations. ' Page 4 of 4 ~G Ponta-actors 9 Inc o Policy #tJ2070926033 ~~ DD~fiID~®~S~G~aI~~To `~C-;10~ EG~1©GG~,s~SfED~IEf~~f ~~2~~~~lCaCG~1~ ®M~DC~~ ~C~~Sf I~D~~C~~ `P(~ ~TD~IE ~~f~D~D~C~~1L~ C(~~l~G~~® DG~I 5(D~If~ ~~~(ED~l~ ~I~ ®~~~IG'~~~D~D~~, ~G~D'E~I~~, t~1~~1DDl~ ®D~ ~~0~. ~(E~ G~~D~~~D~~C'~D~ ~.~. ®~ `~G~1D~ C~Dl~®~D~~L~f~fCC~D~~ G~(JD~ b~~E~~ (~MT~D[~~. ~D~BD~ EG~f~~G~~~D~~Gd~P ~D~~D~~~~ ~~I~ D~®~0~~. D~D~~~~L D~E~® 0~' t~~D~~D°l~~fl~~ T/his endorsement modifies insurance provided under the following: V COf1~IVIERCIAL GENERAL LIABILITY COVERAGE PART SCHE®tBLE Name o0 ~eQSOn oP ®rgaeroza4i®ar: ®esigovattecl ~rojec4: Any person or organization ~.aho requires yoga toy obtain this coverage render a ~rritten contract or agreement QCov®raga aarrder 41via ®ne9oraarra®nt 6s oto8 aR~t~ by an ~eer4~y ®P @ac~ o1i entry bar 4h® Sclt®c0aala3 above.) m m 0 A. YVFIO IS AN INS~RE® (Secttlotr IB) is amended to include as an insured any person or organization, including any person or organization shown in 4he 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 the written contract or written agreement must be: il. Currently in effect or becoming effective during the term of this policy; and ~. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury". lS. The insurance provided to the additional insured is limited as follows: ~. 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, iVo coverage applies to liability resulting from the sole negligence of the additional insured. ~. 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) 3. The coverage provided to 'the additional insured by this endorsement and paragraph B. of the definition of "insured contract" under DEFiNITIOIVS (Section !/) 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. ~. 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. C. As respects the coverage provided under this endorsement, SECTION IV - COiMMERCIAL GENERAL LIABILITY CONDITIOPIS are amended as follows: ~. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: Page 1 of 2 . (Ed.0i/0• ~a. ,4n additional insured under this endorsemen4 until we receive written notice of a claim c will as soon as practicable: "suit" from the additional insured. QED Give written notice of an occurrence or an ~. Paragraph 4.~. of the Other Insurance Condition i offense to us which may result in a claim " deleted and replaced with the following: or "suit under this insurance; ,~. ®$~9~P ~rs$tBP~tUC~ ~~~ Tender the defense and indemnity of any claim or "suit" to any other insurer which ~ Exc®ss 9a~a~~aeasc® also has insurance for a loss we cover This insurance is excess over any othe under this Coverage Part; and insurance naming the additional insures G~~ ,4gree to make available any other as an insured whether primary, excess insurance which the additional insured contingent or on any ocher basis unless has for a loss we cover under this written contract or written agreemen Coverage Part. specifically requires 4hat this insurance bE ~. We have no duty to defend or indemnify an either primary or primary anc noncontributing. additional insured under this endorsement G-140339-A (Ed. 01 /01) Page 2 of 2 -~_~~i~. r i~~vit~ir_+t~ r: i~b2l~~tJ~~bC~:i ~ ~att~act:®rs 9 once .~ 24 O a t o 93 `~1~8~ Cl~l~~~(~w~~G~tIC~(>~i~ ~W~,G~I(~,~~ `~~,1C ~®L~6c~~e G°~~~~~~ ~vL;~® G~ (~;9~Gvf~G~l~C~fia~re This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCFB~®ULE I~aA9'B~ ~$ ~ePS®PD ®~ ®P~~d968~Q6®P@: Any person or organization who requires you to obtain this waiver of our right of recovery under a written contract or '/ , agreement Y (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 because of payments we make for injury or damage arising OTHERS TO US Condition (Section 81! -COMMERCIAL out of your ongoing operations or "your work" done under a GENERAL LIABILITY CONDITIONS) is amended by the contract with that person or organization and included in the addition of the following: "products-completed operations hazard." This. waiver V1le waive any right of recovery we may have against- the applies only to the. person or organization shown in the person or organization shown in the Schedule above Schedule above. N A fD 8m O _~ n N O to GG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 =?i~+~,k~~ ~~~BE1~ =FEW°u'%d~`k~ rd~.6~lE ~&3LS 3~P~1lRE~S U 20%0926114 ,/ H k G CONTRACTGRS IAIC., "SEE ENDT" V P 0 BOX 10706 CORPUS CHRISTI, TX 78460 POLICY CHAAIGES BL?~KET bd1,IVER OF SiJBROGRTIORI Thie Chang® Endorsem®nti chang®s th® Policye Pl®as® r®ad it car®fully< This Chang® Endorsem®nt is a part of your Policy and tak®s ®ff®ct on th® ®ff®ctiv® dat® of your Policy, unl®as anoth®r ®ff®ctivy® data is showne 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. Chairma ~ f the B d G-56015-B (ED. 11/91) Secrela ~i. P(3LIC°d IiTTJD~HER %1~SY5'RED ~iS~flE AC~3D A%}DRESS U 2070926114 ~ ~ H ~ G CONTRACTORS INC., "SEE ENDT" P O BOX 10706 CORPUS CHRISTI, TX 78460 POLICY CHANGES p,DDITIORIAL IAISIIREDS PER F'ORDH Cd~Ofi103~-064 TEXAS liDDITIONAL IA1S / This Change Endors®m®nt Chang®s th® Policyo P1®as® r®ad it car®fullyo ~/ This Change Endorsement is a part of your Policy aad takes effect on th® ®ffactive date of your Policy, unl®es another ®ffective dat® is showna 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 ~~ J Chairman of the Board G-56015-B (ED. 11/91) Seuetar :^ULIC:Y Rl`tTB9BE&3 bfi~T5H3Y3EPJ TFSeE .,~1~1D d~X31'ARESs~ U 2070926033, / H & G CONTRACTORS INC (SEE ENDORSEMENT) V / P 0 BOX 10706 CORPUS CHRISTI, TX 7E460 POLICY CIiARiGES CG0205 This Change Endorsement Chang®s th® Policye P1®as® r®ad it car®fullye This Chang® Endors®ment is a part of your Policy and tak®s ®ff®ct on th® ®ffectiwe dat® of your Policy, unl®ss anoth®r eff®ctiv® date is showmo 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: 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, MATH IS, TX 78368 DYNAMIC PRODUCTION INC 2801.GLENDA.AVE, FT WORTH., TX .76117_. FULTON*COASTCON P O 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, ° 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 O BOX 2566, FT WORTH TX 76113-2566 SOUTHERN RESOURCES P O 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,PO 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 1 Chairman of the rel a G-56015-B (ED. 11/91) POLICY ftUA~iBER l.t~'c?~~'~Z~I~4 ~ ~;O'~~ERC6l~,~. ~~1<U't CA ~2 X41 Paz G~4! I~G~B~ ~(~~®~~E~A~~~~ ~f~~16~~(E~ ~~8~ ~'~~o~~f. ~~~~~~ ~~~® 8~ (~,~~~4~Mt~6~iir'e ~~V~~AG~ ~HANG~ E®®RS~NI~NT This endorsement modifies insurance provided under the following: ` /BUSINESS AUTO COVERAGE FORM V 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: Countersigned By: ~. 6/23/ ~} / ~~y r;: Named Insured: ; . ~ ,~ ":,`s.` ; ,~ `.~ ~ ~'~~~~°~ ~ r ` Re resentative SCHE®IiLE ~ ~.. . ~uenb~r of ®ays' f~®8sce3 0 P9aPate ®8 PePSOPD ®P ®~~aPOlZ~86®P4PER SCHEDULE ON FILE WITH COMPANY sf~ddress 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. V _O Q ~A ®2 ~ ~6 ®~ Copyright, ISO Properties, Inc., 2003 Pale ~ X09 ~ (Ed ,'-3' ~~~~~ ~~Ttt~~ ~~~ 61~~,~~~B~N~ ~GB~(~~~ fER4®0~~~~i1~~1~ This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.,~. of tht Information Page. In 4he event of cancellation or other material change of the policy, we will mail advance notice to the person o organization named in 4he 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 dumber of days advance notice: ~ o V 2 Notice will be mailed 40: LIST oN FILE WITH CoMPRNY 0 0 ti 0 D m m O O N i This endorsement changes the policy to which ii is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subse~tuent to preparation of the policy.) Endorsement Effective 6/23/09 Pot+cy No. 207092b159 a( Endorsement No. m Ensured H & G Contractors P Inc e / .,~ ~s J ~- _ Insurance Company Countersigned by ~:. -,~,,x~ -' :~ ,~ . ~~ ~, - - .a @fNC ~2 9~ 0~ (Ed. 7-84) (Ed i -001 Ti~~~~ ~~6~'E~ ~'fE ~~~~ ~9~~IT ~~ 6~E~~@~~tA E~~6-~ r~TG~{~~~ ~~E~~~~fE6~l[EB~~' This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. ~~le have the righ4 4o recover our payments from anyone liable for an injury covered by 4his policy. 'V1fe 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 wri9ten contract to obtain this waiver lrom us. This endorsement shall not operate directly or indirectly 4o benefit anyone not named in the Schedule. The premium 4or this endorsement is shown in the Schedule. Schedule t. ( )Specific I/Vaiver Name of person or organization (x )Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract io 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 o4 4he 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 onrhen this endorsement is is/sued subsequent 4o preparmtion of the policy.} Endorsement Effective 6/23/Ory Po-icy No. 2p7092515~ V Endorsement No. Insured H & G Contractors, Inc. / Pre. ~// ,. Insurance Company Countersigned by yV~ ~d~ ®~ ~4 ~9 (Ed. 1-00)