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C2011-391 - 9/27/2011 - Approved
' 1 ti 2011 -391 M2011-211 09/27/11 Apollo Environmental Strategies . S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D F 0 R B O N D S PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. EI0I6B Prepared by: HDR Engineering, Inc. 555 N..Carancahua,.Suite 1650 • - Corpus Christi, Texas Phone: 361.857.2211 Fax: 361.857.7234 (Texas Registered Engineering Firm F-754) HDR Project No. 151670 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880- -3501. PROJECT NO: E10168 DANIEL J. HEIC.MAN I r 86936 •4$ siati%x (Revised 7/5/00) PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (March 2009) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A (SECTION 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 Rem-eve-la NOT USED A -16 Disposal /Salvage of Materials A 17 Field Office NOT USED A--18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and Certification A 21 Frojcct Signs NOT USED A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inspection Required (Rcviaod 7/5/00) NOT USED A -24 Surety Bonds A 25 Sales Tax Exemption NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A- 30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A 33 City Water Facilities Cpccial Requirements NOT USED Page 1 of3 A -36 Other Submittals (Revised 9/18/00) Covcrnmcnt Entiticd NOT USED A 39 Certificate of Occupancy and Final Accopance NOT USED A -40 Amendment to Section B -8 -6; Partial Estimates A 11. Ozonc hdvicory NOT USED A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A-45 As -Built Dimensions and Drawings (7/5/00) A 46 Dicpooal of Highly Chlorinated W.atcr (7/5/00) NOT USED A 47 Prc Con3truction Exploratory Exoa.vationc (7/5/00) NOT USED A -48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A -50 Soil Boring Logs and Geotechnical Information A -51 Pavement Restoration and Project Clean -up A -52 Protection of the Job Site A -53 Basis of Delay Claims A -54 Hauling and Loads on Roadways and Structures A -55 Equipment Rates for Extra Work A -56 Non City - Standard Specifications and Details A -57 Amended Prosecution and Progress A -58 Examination of Site A -59 Permits and Laws A -60 Construction Site and Job Conditions A -61 Protection of Public A -62 Site Physical Data A -63 Protection of Site A -64 Misplaced Material A -65 Signal Lights A -66 Vessel Traffic A -67 Layout of Work and Surveys PART B (SECTION B) - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART $ - STANDARD SPECIFICATIONS 022420 Silt Fence (S -97) 025802 Temporary Traffic Controls During Construction PART T - TECHNICAL SPECIFICATIONS 01010 Summary of the Work 01100 Permits 01165 Storm Water Pollution Prevention Plan 01166 Environmental Protection Measures 01250 Measurement and Basis of Payment 02000 Construction Surveying 02221 Dredging 02224 Beach Nourishment 02483 Protection of Sea Turtles APPENDIX I - USACE PERMIT APPLICATION APPENDIX II - TPDES PERMIT APPLICATION Page2of3 APPENDIX III - GEOTECHNICAL INVESTIGATION REPORT APPENDIX IV - LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL /DISCLOSURE OF INTEREST PERFORMANCE BOND PAYMENT BOND Page 3 of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: PACXERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168; The project includes hydraulic dredging from Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel. Approximately 264,300 cubic yards of sandy maintenance material will be excavated from the channel to reestablish required depths. The material will be transported approximately 1.5 miles via pipeline to the Gulf shoreline of North Padre Island for placement along approximately 3,500 linear feet of beach south of the Packery Channel jetties. The sand will be placed and graded within a specified template to widen the Gulf beach. There is also an additive alternate item for redistribution (via mechanical excavation and truck hauling) of approximately 15,000 cubic yards of sand from the North to the South End of the N. Padre Island Seawall. Overall work includes mobilization /demobilization, pre - dredge hazard surveying of the channel to identify uncharted pipelines or obstructions, dredging and placement of sand on the public beach, observing /protecting endangered species during the work, multiple hydrographic and topographic surveys for measurement, payment substantiation, and work acceptance purposes, aerial photography, and all other subsidiary work. The. Work includes all labor, materials, tools, equipment, plant, supplies, superintendence, insurance, incidentals, and services necessary or required to fully complete the Work for construction of Packery Channel Dredging and Beach Nourishment (Project Number E10168). Sealed proposals will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, July 20, 2011,. and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 2 p.m., Thursday, July 7, 2011 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. Revised 7/5/00 CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary NOTICE TO CONTRACTORS -- A INSURANCE REQUIREMENTS NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating •proof . following amounts is required: coverage in the TYPE .OF INSURANCE - MINIMUM INSURANCE COVERAGE • • 30 -Day Notice of Cancellation required on all certificates Bodily Injury -and. Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial'Form 2. Premises -- Operations 3. ..Explosion and Collapse Hazard 4. Underground Hazard 5.. -Products/ Completed Operations Hazard . 6. Contractual Liability 7. Broad Form Property Damage .8.. • Independent Contractors 9. Personal Injury . - • $2,000;000 COMBINED SINGLE LIMIT . - _ . AUTOMOBILE LIABILITY - -OWNED NON- OWNED OR RENTED • $1,000,000- COMBINED SINGLE LIMIT ' • - WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE . Not limited to sudden &. accidental -discharge; to include 'long-term environmental impact for the disposal of contaminants . $2,000,000 COMBINED SINGLE LIMIT REQUIRED © NOT REQUIRED .BUILDERS' RISK See Section 8 -6 -11 and Supplemental Insurance Requirements o REQUIRED X NOT REQUIRED - INSTALLATION FLOATER See Section B -6 -11 and Supplemental , Insurance Requirements o . REQUIRED • © NOT REQUIRED U.S.: LONGSHORE AND HARBOR WORKERS' INSURANCE. STATUTORY AMOUNT WHICH COMPLIES WITH THE UNITED STATES LONGSHORE AND HARBOR WORKERS ACT MARITIME EMPLOYERS.LIABILITY-•INSURANCE Including,' but not limited to, transportation, wages, maintenance and cure $500,000 COMBINED SINGLE LIMIT . - 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 .(301 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.Contrast Administrator at 2$0 -3500. Page. 2 of 2 NOTICE TO CONTRACTORS - B. WORKER' S COMPENSATION COVERAGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR. GOVERNMENT . ENTITIES Page .� of 11 t TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE • TEXAS. DEPARTMENT. OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and teens, when used in this rule,. shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shs1l have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate -of coverage (certificate) -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. . (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). . (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of-the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes -the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless . of whether that person has employees: This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity famishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling; or delivering equipment or materials, or providing labor,. transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries; and delivery of portable toilets.. (8) .Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage; that the coverage is based on proper . reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading certificates of .. coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions: (c) A governmental entity that enters into a building or construction contract on aproject 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 languagerequirediby 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 onthe 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 certif sate of coverage shows that the. coverage period ends during the duration of the project; and • (B) no later than seven days after the expiration of the coverage for.each other person • providing services on the project whose 'current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three_years thereafter; - (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and • (7) use the language contained in the following Figure 1 for bid specifications and contracts, _ without any additional words or changes, except those required to accommodate the specific document in which they are contained or to .impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation•coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no.later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates, of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with .whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; . (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; • • Page 4 of 1 1 (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 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 folio -Wing language in its contract to provide services on the project "By signing this contract or provicli g or causing to be provided a certificate'of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide `services on the project will be covered by . workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting .of classification codes and payroll, amounts, and that all'coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division. of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide -as required by its contract (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, anew certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5of11 • (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notiee 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 oit the project, for the duration of the project; . (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; _ (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning-work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal' delivery, 'within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and - (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (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. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TcxReg. 5715; amended to be. effective November 6, 1995, 20 TexReg 8609 Page 7 01'11 T288110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on. this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3759 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T2SS110.110(c }(7) • Article . Workers' Compensation Coverage. A. Definitions: • Certificate-of coverage ("certificate') - A. copy of a.certificate of insurance, a_certjcate of authorzty to self-insure issued by the commission,. or. a 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 providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning :of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity: • Persons providing services on the project. ( "subcontractor" in §406 096) -.includes all persons. or entities performing all or part of the services the contractor: has undertaken to perform on the project,, regardless ofwhether that person contracted directly with the contractor and regardless .ofwhether that person. has. employees:• This includes, without limitation independent_ • • . • contractors,. subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the . project "Services" include; without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service, related to a project. "Services" does not include activities. unrelated to the project, such as-food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,. which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the- cOntraetor 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, andprovide 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 f le 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 ail. • 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 note the governmental entity in writing by certified mail or personal delivery, within IO days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are-required to be covered and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it c ontracts to provide .services bn a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and fling of any coverage agreements, which meets the statutory requirements _of Texas Labor Code, Section 407.011(44) for all of its employees providing services on the project, for the duration of the project; - (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing • services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; - (d) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it . contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured with the commission's Division of Self. Page 10 of 11 Insurance Regulation. Providing false or misleading informatiori.may subject the contractor to administrative penalties, criminal penalties,. civil penalties, or other civil actions. K The contractor's failure to comply with any.of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 all PART A (SECTION A) - SPECIAL PROVISIONS PACZCERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 SECTIO1 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, July 20; 2011. 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 - PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non- responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non - responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre-bid meeting will be held on Thursday, July 7, 2011, 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. No additional or separate visitations will be conducted by the City. All inquiries regarding the plans, specifications, and /or contract documents, including any discrepancies thereto, shall be provided to: Daniel Heilman, P.E. HDR Engineering, Inc. Phone: 361.696.3344 Fax: 361.857.7234 Email: Daniel.Heilmanehdrinc.com All questions shall be received prior to 5:00 pm, July 13, 2011, which is one week prior to bid opening. The Engineer will not answer questions received after this time, and it is the Bidder's responsibility to ensure that all questions are received prior to July 13, 2011. Section A - SP (Revised 12/15/041 Page 1 of 31 A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project The project includes hydraulic dredging from Packery Channel and .placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel. Approximately 264,300 cubic yards of sandy maintenance material will be excavated from the channel to reestablish required depths. The material will be transported approximately 1.5 miles via pipeline to the Gulf shoreline of North Padre Island for placement along approximately 3,500 linear feet of beach south of the Packery Channel jetties. The sand will be placed and graded within a specified template to widen the Gulf beach. There is also an additive alternate item for redistribution (via mechanical excavation and truck hauling) of approximately 15,000 cubic yards of sand from the North to the South End of the N. Padre Island Seawall. Overall work includes mobilization /demobilization, pre - dredge hazard surveying of the channel to identify uncharted pipelines or obstructions, dredging and placement of sand on the public beach, observing /protecting endangered species during the work, multiple hydrographic and topographic surveys for measurement, payment substantiation, and work acceptance purposes, aerial photography, and all other subsidiary work. The Work includes all labor, materials, tools, equipment, plant, supplies, superintendence, insurance, incidentals, and services necessary or required to fully complete the Work for construction of Packery Channel Dredging and Beach Nourishment (Project Number E10168). A -4 Method of Award EXPLANATION OF PROPOSAL Base Bid consists of channel maintenance dredging within Dredging Sections 1 and 2 from Station 141+00 to Station 198 +10, discharge of the dredged material within the designated beach nourishment area, and all other work described in the Contract Documents. Additive Alternate No. 1 consists of channel maintenance dredging within Dredging Section-3 from Station 110 +68 to 136 +50 and discharge of the dredged material within the designated beach nourishment area. Additive Alternate No. 2 consists of excavation and hauling sand from the North to South End of the N. Padre Island Seawall and placement of the sand within the designated beach nourishment area. METHOD OF AWARD The City reserves the right to award the proposal that is in the best interest of the City. The low bidder will be determined based on the lowest combination of Base Bid plus Additive Alternates that is within the City's available funding. Any combination of Base Bid plus Additive Alternates may be considered. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. section A - SP (Revised 12/15/04) Page 2 of 31 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 PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 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 Interest A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be as follows: Base Bid: 120 calendar days Additive Alternate No. 1: 15 additional calendar days Additive Alternate No. 2: 0 additional calendar days The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, the following amounts will be assessed against the Contractor as liquidated damages: 1. Prior to March 2, 2012: $1,500 per calendar day 2. On or after March 3, 2012: $15,000 per calendar day Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the . requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, . liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this. Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Section A - SP (Revised 12/15/04) Page 3 of 31 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 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for HEAVY and HEAVY DREDGING as set forth in Part C. In case of conflict, Contractor shall use higher wage rate. Minimum prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing mizthmnn hourly wage rates for Nueces county, Texas as set -cut in Part C. The Ccaztractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics . employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subccntractOr must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics Toyed by then in connection with the Project and showing the actual wages paid to each - worker. The Contractor will male 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 suhnitted to the City Engineer bi- weekly. (See section for Minority/Mincrity Business Enterprise Participation Policy for additict a1 requirements concerning the proper farm and content of the payroll submittals . ) One and cage -half (1) times the specified hourly wage must be paid for • alt hours worked in excess of 40 hours in any one week and for • all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System at 1- 800 - 344 - 8377, and the Lane Star Notification Canaany at 1 -800- 669 -8344. For the Contractor's convenience, the following telephone numbers are listed. Section A - SP (Revised 12.15/04) Page 4 of 31 City Engineer Consultant Engineer (HR E:ng-i n ering, inc) Daniel Heilman, P.E., Engineer Traffic Engineering Police Department Water department Wastewater Department Gas ant Storm Water Department Parks & lecrreation Department Streets & Solid Waste Services A E P ATr City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) FMC (Fiber Optic) Choicecan (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic D920 826 -3500 696 -3344 826 -3547 886 -2600 826 -1881 826 -1800 885 -6900 826 -1875 826 -346]. 826 -1940 1- 877 - 373 -4858 881 -2511 (1- 800 -824 -4424, (826 -1888 after hours) (826 -1888 after hours) (885 -6900 after hours) (826 -1888 after hours) 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972-753-4355 after hours) 826 -3547 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888- 204 -1679) (Pager 850 -2981) (Mobile) 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. In the event of damage to underground drawings, the Contractor shall make the utilities back in service to construct the the Contract price. All such repairs must company or agency that owns the utilities. utilities, whether shown in the necessary repairs to place the work as intended at no increase in conform to the requirements of the Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), •flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. Section A - sP (Revised 12/15/04) Page 5 of 31 A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. ' The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjacent side streets, and the public. 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. In addition, the Contractor shall comply with requirements set forth in the Texas Manual of Uniform Traffic Control Devices. Thc Contractor shall refer t-e Special Provisions Paragraph A 50 for additional information and rcrements regarding Traffic Control during Construction. All costs for traffic control are to be included in the appropriate bid items as indicated in the Proposal dorm. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals (NOT USED) Thc excavated areas behind curbs and adjacent to sidewalks and driveways murt be filled with "clean" dirt. "Clean" dirt is defined as dirt that is apablo of providing a good growth of grass when applied with weed /sod and fertilizer. Thc dirt murt bc free of debris, caliche, asphalt, concrete and any other material that detracts from its app arance or hampers the gEe th of grass. . All existing concrctc and asphalt within the limits of the Project must bo removed unlcsa otherwise noted. sidewalks, ctc., "Preparing Right of Way "; therefore, no direct payment will be made to Contractor. arc to bc considered subsidiary to the bid item for Section A - sP (Revised 12/15/04) Page 6 of 31 A -I6 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts, removed pipelines and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office (NOT USED) The Contractor muet furnish the City Engineer or his representative with a field office at the construction site. The field officc shall conform to Technical Specification 504, Type C Ctructurc. must contain at least 120 heated and mutt be furnished with an inclined table that mcacuree at least 30" x GO" and two (2) chairs. Thc Contractor shall move the field office on the cite ao required by the City Engineer or hie representative. Thc field office mutt be furnished with a tcicphenc (with 24 hour per day ancwcring acccso (Cable, DEL, or approved equal) paid for by, the Contractor. Thc Contractor is responsible for maintaining the field office and related separate pay item for the field office. A -18 Schedule mad Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update:. Submit Updated Construction Progress Schedule monthly to show actual progress of each stage by percentage against initial Schedule. ' Section A - 3P (Revised 12/15/04) Page 7 of 31 A-19 Construction Project Layout and 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. existing and proposed, ter the purpose of adjusting valves and manholes at Engineer may require that thc Contractor furnish d maximum of two (2) The Contractor shall.provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey ( R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The.Th.ird Party R.P.L.S. shall be .approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Streets: Wastewater: All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Water: All top of valves box; + Valves vaults rim; Ctorm water: Section A - SP (Revised 12/15/04) ?age 8 ot 31 • 7111 rim /invert elevations at manholes; • All intersecting lines in manes; • A -20 Testing and Certification All tests required under this item must be one by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs (NOT USED) Thc Contractor must install 0-- ( ) rroj .t sign as furnished by the City. throughout thc Project period by the Contractor. Thc location of thc sign will be determined in the field by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 16/98} 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women, and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions 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(E) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: Section A - Se (Revised 12/13/04) Page 9 of 31 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s)_ 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. 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 50.0a 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) Section A - s8 (Revised 12/15/04) Page 10 of 31 45. % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. tlpon 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 hi-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 USED) The Contract r shall arsourc the appropriate building inopcctiono by tho Be4.1ding Inopcction Division at the various intervals of work for which a permit io required and to aciurc a final inopcction after the building io completed and ready for occupancy. Contractor must obtain. the Certificate of City's Building Inspection Department, and all other City fees, including A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Section A - SP (Revised 12/15/04) Page 11 of 31 Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NO LONGER APPLICABLE) Section B 6 22, Tax Exemption rroviaion, io deleted in its entirety and the following oeilactituted in lieu thereof. Contracts for improvcmcntc to r al property awarded by the City of Corpuo £cction 3.291 of Chapter , Tax Z.dminiotration of Title 34, Public Finance of ZZ promalgatcd by the Comptroller of rublic Accounts of Texan. If thc Contractor elects to operate under a separated contract, he shall. 1. Obtain the nccecry oalcc tax permito from the State Comptroller. 2. Identify in the appropriate epacc on the "Statement of Matcrialc and Other Chargco" in the proposal form the cost of matcrialo phyeictally incorporated into thc rrojcct. 1. rrovidc the City with copies of material invoicco to oubetantiatc the propooal value of matcrialo. If thc Contractor doco not elect to operate undcr a ocparatcd contract, ho must pay for all Salco, Excioc, and Uoc Taxes applicable to thio Project. £ubcontractors arc eligible for sales talc exemptions if- the subcontractor Z. rcoalc ccrtifi ate to the subcontractor and the subcontractor, in turn, isoucs a rcoalc certificate to his supplier. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section 3 -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract .Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 Section k - SP (Revieted 12/15/04) page 12 of 31 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the .Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims. Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide Builders Rick or Installation Floatcr the insurance coverage listed below for the term of the Contract up to and including the date the City finally accepts the Project or work. Contractor must pay all costs necessary to procure such Vie-" -e Risk or Installation Floatcr insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. 1. U.S. Longshore and Harbor Workers' Insurance (Statutory Amount) 2. Maritime Employers Liability Insurance ($500,000 Combined Single Limit) A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: Section A - SP (Revised 12/15/04) Page 13' of 31 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. Av-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following; 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2_ Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. Section A - 3P (Revised 12/15/04) Page 14 of 31 A -30 Amended " Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that _ will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. Section A - SP (Revised 12/15/04) Page 15 of 31 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity aaad state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may. authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution, of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction - Contracts" B -3 -5 Execution of Contract add, the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) rrior to performing work at any City water facility, the Section A - SP (Revised 12/15/04) Page 16 of 31 Dcpartmcnt perconncl for thoac peroonc who do not have ouch a card, The Contractor ❑hall not °tart, operate, or atop any pump, motor, thc City Watcr Dcpartmcnt. C. Protection of Watcr Quality J - D. Conformity with LNST /NCP Standard 61 othcr item°, which ceuld cease into contact with potable water, must Standard Epcciftoationc. Such material° include all oolvcnto, cl antra, lubricant°, gaakcte, thread compounds, coatiugo, or hydraulic cquipmcnt. Thcoc item° must not be uocd unlcao they conform with ANSI /NCP.Ctandard 61 and unleoc ouch items arc innpectcd on the site by authorized City could toms into contact with potab1c water. 7111 traoh gcncratcd by thc Contractor or hie cmploycco, agcntc, or daily. Section A - SP (Revised 12/15/04) Page 17 of 31 All Contractor vehicles must bc parked at designated oitc, an c ACQUICITION) Any work to thc computcr baocd monitoring and. control 3yotem mutt W_ werk includes, but is not limited to, modifications, addition , changco, ccicction3, furnishing, installing, connecting, Thc Contractor or his Subcontractor propooing to perform the SCADA work muot be able to dcmonctratc thc following: 1. Hc i3 regularly engaged in thc computer baccd monitoring and control cyztcm bucincoa, prcfcrably an -applied to the municipal water and wastewater industry. 2. Hc hao performcd work on cyctcmc of comparable Dice, type, and complexity ac rcquircd in this Contract on at 1ea.t three prior projects. 3. He hoc bccn actively engaged in the typc of work apccificd herein for at lcact 5 years. 1. He empleye- a Registered Pa a ecciona3. Engincer, a Control. E. Iic cmnlovo ocraonncl on thic Pro-i cct who have successfully g cour�c in configuring and implcmcnting thc cpccific computcrz, RTUS'3, and software propoccd for thc Contract. 6. Hc maintain: a permanent, fully ctaffcd and cquippcd =vice facility within 400 miles of thc Project citc to maintain, repair, calibrate, and program thc oyatcma Specified hcrcin. 7. IIc aha11 furnish equipment which ic thc product of onc manufacturer to thc maximum practical extent. W13crc this- is not practical, all equipment of a given typc will bc the product of onc manufacturer. 8. Prior performance at thc O. N. Ctcvcnc Watcr Treatment Plant will be uccd in cvaluating which Contractor or Subcontractor programo thc new work -f-or this Projent. 9. Thc Contractor shall product all filled out programming blocks required to chow thc programming a3 needed and required, to add theme two cyctcmc to thc cxd.oting City SCJDA cystcm. Attached ic an example of thc rcquircd Section A - SP (Revised 12/25/04) Page 18 of 31 is not intceded to show all of the required sheets. The Contractor will provide all programming blocks used. L. Trenching Requirements 211 enching for this project at the O. N. Stcvcna Water Treatment Plant shall be performed using a backhoc or hand digging duc to the number of existing underground obstrbtetlens. NO trenching machines shall be allowed on the project. 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: a: Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply- Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct g. • Section A - SP (Revised 12 /15/04) Page 19 of 31 subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report: When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and. Charge for Water Furnished by the City" (NOT USED) add the following: includes implementing water conservation measures cstabliohcd for changing on the Project citc throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities (NOT USED) The requirements of "Notice to Contractors 'ET" arc incorporated by reference in this Special Provision.. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) constitute final acceptance of thc improvements under Cenral rrovioion B 0 A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8 --6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory (NOT i7SED) Priming and hot mix paving operations must not bc conducted on days for which thc day will not bc counted as a work day and the Contractor will bc compensated at thc unit price indicated in thc proposal. Section A - SP (Revised 12/15/04) Page 20 of 31 A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Bold Harmless (9/99) Under "General Provisions and Requirements for. Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the .City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders (4 /26/99) Should a change order(s) be required by the Engineer, Contractor shall furnish the Engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by Contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish City with one set of direct prints, marked with red pencil, to show as- built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work.. (5) Any other changes made. Section A - SP (Revised 12/15/04) Page 21 of 31 A -46 Disposal of Highly Chlorinated Water (7/5/00) (NOT USED) dioinfection, and may cxcccd thc permicoiblc li ito for diochargc into agcncico ouch as TNRCC, Erg, ctc. It will be thc Contractor's rccponoibility all watcr uocd in the project. The mcthodo of dioposal ohall be cubm tted to chlorinatcd watcr. Contractor Shall not use the City'o sanitary ocwcr ayotcm for diapooal of contaminated water. A -47 Pre - Construction Exploratory Excavations (7/5/00) (NOT USED) propooed pipclinco of the project and Contractor shall ourvcy thc exact of each croscing and potcatially conflicting pipclinc. For existing pipclinco which parallel and arc within ton fcct (10') of prepoccd pipclinco of thc project, Contractor ohall- cxea tc and -eiwese--sad exiting pipclinco at a maximum of 300 fcct O.C. and Contractor ohall ourvcy thc accurate horizontal and vortical locution, of said parallel pipclinco at 300 feet maximum O.C. Contractor chall thcn prcparc a report and omit it to the City for approval indicating the Owner of pipclinec emea:vated and cured, as well ao thc cc to thc pavcmcnt ccntcrlinc and elevation, of thc to of onioting pipclinco. reported to the Engineer and until Contractor report. receives — Engineer's approval of Exploratory cxcavationc shall be pad for en a lump oum baoio. Any pavement rcpair associated with exploratory emeavation ,hall not bo meaourcd and payment ohall be nuboidiary to thc various bid item,. Any. pavcmcnt rcpair A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP &L and inform CP &L of his construction schedule with regard to said overhead lines. Section A - SP (Revised 12/15/04) Page 22 of 31 Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractors sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -5O Soil Boring Logs and Geotechnica7. Information Soil boring logs are provided for the Contractor's information only. The City and the Engineer disclaim and responsibility for the accuracy, true location, and extent of the soil investigation that has been prepared by others. Further, responsibility is disclaimed for interpretation of the data by bidders, as in projecting soil bearing values, soil stability, and the presence, level and extent of underground water and tide levels. A -51 Pavement Restoration and Project Clean Up It is the intent of the plans and specifications that any and all areas within the limits of the proposed project that are affected in any way by construction operations be restored to the same or better condition than that existing prior to the start of construction. Where asphaltic pavements are excavated or damaged, they shall be replaced with the same types and thicknesses of materials as the existing pavement unless otherwise noted. Where concrete pavements, sidewalks, curbs, etc., are excavated or damaged, the replacement shall as a minimum conform with the City standard details and standard specifications available on file with the Department of Engineering Services unless specific details are provided on the drawings. If the excavated or damaged concrete section exceeds these requirements, they shall be replaced with the same thickness of concrete and amount of reinforcing steel as the existing structure(s) unless specific details are provided on the drawings. Restoration of all improvements as described above shall be in accordance with applicable City standard specifications, as determined by the Engineer. All items or other grassed areas, concrete or asphalt driveway, vegetation are disturbed by construction operations for the items mentioned above shall be restored to its original condition unless directed otherwise by the Engineer. The Contractor may be required to perform "clean ups" of the entire project or sections of the project during the course of construction, as directed by the Engineer. Upon completion of construction, the Contractor shall perform a final clean up of the entire project, again as directed by the Engineer. All site restoration and project clean -up shall be considered subsidiary to the various bid items, therefore no direct payment shall be made. section A - SP (Revised 12/12/04) Page 23 of 31 A -52 Protection of the Job Site The Contractor shall be responsible for the protection of the job site. The Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the property of himself or any other person, as a result of his operations hereunder. Drawings and specifications as well as any additional information concerning the work to be performed shall not be interpreted as requiring or allowing Contractor to deviate from the plans and specifications, the intent of such drawings, specifications, and any other such instructions being to define with particularity the agreement of the parties as to the work the Contractor is to perform. Contractor shall be fully and completely liable, at his own expense, for design, construction, installation and use, or not- use, of all items and methods incident performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. A -53 Basis of Delay Claims Under `General Provisions and Requirements for Municipal Construction Contracts", B -6 -12 Contractor's Claim for Damages, add the following: "If the Contractor requests compensation for delay damages and the delay is determined to be compensable, then standby equipment costs and project overhead compensation will be based on the duration of the compensable delay and will be limited as follows: 1. Standby Equipment Costs. • Standby costs will not be allowed during periods when the equipment would have otherwise been idle. • No more than 8 hr. of standby will be paid during a 24 -hr. day, nor more than 40 hr. per week, nor more than 176 hr. per month. • Standby will be paid at 50% of the rental rates found in the Rental Rate Blue Book for Construction Equipment and calculated by dividing the monthly rate by 176 and multiplying by the regional adjustment factor and the rate adjustment factor. Operating costs will not be allowed. 2. Project Overhead. Project overhead will be determined from actual costs that the Contractor will be required to document. Project overhead is defined as the administrative and supervisory expenses incurred at the work locations. 3. Home Office Overhead. The City will not compensate the Contractor for home office overhead." A -54 Hauling and Loads on Roadways and Structures Comply with federal and state laws concerning legal gross and axle weights. Except for the designated Interstate system, vehicles with a valid yearly overweight tolerance permit may haul materials to the work locations at the permitted load. Provide copies of the yearly overweight tolerance permits to the Engineer upon request. Construction equipment is not exempt from oversize or overweight permitting requirements on roadways open to the traveling public. Section A - SP (Revised 12/15/04) Page 24 of 31 Protect existing bridges and other structures that will remain in use by the graveling public during and after the completion of the Contract. Construction traffic on roadways, bridges, and culverts within the limits of the work, including any structures under construction. that will remain in service during and after completion of the Contract is subject to legal size and weight limitations. Additional temporary fill may be required by the Engineer for hauling purposes for the protection of certain structures. This additional fill will not be paid directly but will be subsidiary. Replace or restore to original condition any structure damaged by the Contractor's operations. The City may allow equipment with oversize or non - divisible overweight loads to operate without a permit within the work locations on pavement structures not open to the traveling public. Submit Contractor proposed changes to traffic control plans for approval. The Contractor ohall rcfcr to Special regarding Traffic Control during Construction." The following sections further address overweight allowances. The City will make available to the Contractor any available plans and material reports for existing structures. A. Overweight Construction Traffic Crossing Structures. The City may allow crossing of a structure not open to the public within the work locations, when divisible or non - divisible loads exceed legal weight limitations, including limits for load - posted bridges. Obtain written permission to make these crossings. Submit for approval a structural analysis by a licensed professional engineer indicating that the excessive loads should be allowed. Provide a manufacturer's certificate of equipment weight that includes the weight distribution on the various axles and any additional parts such as counterweights, the configuration of the axles, or other information necessary for the analysis. Submit the structural analysis and supporting documentation sufficiently in advance of the move to allow for review by the City. Permission may be granted if the City finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion.. Provide temporary matting or other protective measures as directed. Schedule loads so that only one vehicle is on any span or continuous unit at any time. Use barricades, fences, or other positive methods to prevent other vehicular access to structures at any time the overweight load is on any span or continuous unit. B. Construction Equipment Operating on Structures. Cranes and other construction equipment used to perform construction operations that exceed legal weight limits may be allowed on structures. Before an operation that may require placement of equipment on a structure, submit for approval a detailed structural analysis prepared by a licensed professional engineer. Submit the structural analysis and supporting documentation sufficiently in advance of the use to allow for review by the City. Include all axle loads and configurations, spacing of tracks or wheels, tire loads, outrigger placements, center of gravity, equipment weight, and predicted loads on tires and outriggers for all planned movements, swings, or boom reaches. The analysis must demonstrate that no overstresses will occur in excess of those normally allowed for occasional overweight loads. C. Hauling Divisible Overweight Loads on Pavement Within the Work Locations. The City may allow divisible overweight loads on pavement structures within the work locations not open to the traveling public. Section A - SP (Revised 12/15/04) Page 25 of 31 Obtain written approval before hauling the overweight loads. Include calculations to demonstrate that there will be no damage or overstress to the pavement structure. A -55 Equipment Rates for Extra Work Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -4 Payment for Extra Work, add the following text to paragraph (c): "Equipment. Payment will be made for the established equipment hourly rates for each hour that the equipment is involved in the work. An additional 15% will be paid as compensation for overhead and profit not included in the rates. Transportation cost for mobilizing equipment will be included if the equipment is mobilized from an off -site location. If a rate has not been established for a particular piece of equipment in the Rental Rate Blue Book, the City will allow A reasonable hourly rate, as agreed upon in writing before work is begun. This price will include operating costs. The City reserves the right to withhold payment for low production or lack of progress. 1. Contractor -Owned Equipment. For Contractor- owned machinery, trucks, power tools, or other equipment necessary for use on force account work, use the Rental Rate Blue Book as modified by the following to establish hourly rates. Use the rates in effect for each section of the Rental Rate Blue Book at the time of use. Compute the hourly rates as follows: H= (MxR1xR2) /176 . OP where: H = Hourly Rate M = Monthly Rate R1 = Rate Adjustment Factor R2 = Regional Adjustment Factor OP = Operating Costs. Payment for equipment will be made for the actual hours used in the work. Payment will not be made for time lost for equipment breakdowns, time spent to repair equipment, or time after equipment is no longer needed. If equipment. is used intermittently while dedicated solely to the force account work, payment will be made for the duration the equipment is assigned to the work but no more than 8 hours per day. 2. E. i•ment Not Owned b the Contractor. If equipment is rented exclusively for force account work from a third party not owned by the Contractor, payment will be made at the invoice daily rental rate for each day the equipment is needed for the work. The City reserves the right to limit the daily rate to comparable Rental Rate Blue Book rates. When the invoice specifies that the rental rate does not include fuel, lubricants, repairs, and servicing, the Rental Rate Blue Book hourly operating cost for each hour the equipment is operated will be added. Section A - SP (Revised 12/15/04) Page 26 of 31 A -56 Non City - Standard Specifications and Details All references to "Department ", "TxDOT ", or "Texas Department of Transportation" in the Technical Specifications or Construction Drawings shall be interpreted to mean "City of Corpus Christi." A -57 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract. A -58 Examination of Site Contractors should visit the site and be thoroughly familiar with job conditions prior to submitting a bid. Failure to dive proper consideration to these conditions when preparing bids and /or entering a contract will not constitute grounds for additional compensation. A -59 Permits and Laws A. Contractor shall comply with all federal, state and municipal laws, rules regulations, and ordinances applicable to the work of this contract and shall obtain and pay for all permits required in connection with the execution of the work. The City shall be furnished with certified copies of these permits if the City so requests. Refer to specification Section 01100, Permits, for City - obtained permits. B. If such laws, rules, regulations, or ordinances conflict with the Contract documents, then such laws, rules, regulations, or ordinances shall govern instead of the contract documents, except in such cases where the contract documents exceed them in quality of materials or labor; then the contract documents shall be followed. A -60 Construction Site and Job Conditions A. Supervision: Contractor's Superintendent shall be on site at all times that work is in progress. Contractor shall not allow any unsafe or unsanitary conditions to develop as a result of Contractor's operations. B. Site Maintenance: Trash or debris shall not be allowed to accumulate on the site. Contractor shall clean the entire area of any litter resulting from Contractor's operations on a daily basis. Contractor shall maintain the premises as clean and presentable as good construction practices will allow at all times. C. Utilities: Water and electrical power will not be furnished. by City. Any temporary connections or appurtenances shall be provided by Contractor at no cost to City and removed from the premises at the conclusion of the contract. Section A - SP (Revised 12/15/04) Page 27 of 31 D. Temporary Toilets: Contractor shall provide and maintain in neat, sanitary condition toilets and other necessary accommodations for employees' use to comply with the regulations of the State Department of Health or other jurisdictions. E. Fire Protection: Contractor shall take stringent precautions against ...s fire. Open fires are not allowed. A -61 Protection of Public Contractor shall be responsible for public safety at the construction site. All temporary fencing, barricades, warning lights, signs, and flagmen shall be provided and maintained by Contractor as needed. Contractor shall maintain security of the construction site. Contractor shall obtain pedestrian protection plans and /or traffic control approvals from the local authorities having jurisdiction. A -62 Site Physical Data Information furnished below is for Contractor's review. However, it is expressly understood that City and Engineer are not responsible for any interpretation or conclusion drawn by the Contractor. City and Engineer are also not responsible for any lack of information herein pertaining to physical conditions at the site. Contractor shall make every effort possible to familiarize himself with and research the conditions to be expected at the site. A. Tidal Conditions: Under ordinary conditions, the tide range is about 2 ft. However, the tide elevation is largely dependent on the speed, direction, and duration of the wind. Strong winds may raise or lower the water surface more than 2 ft. B. Marine Conditions: In addition to tidal fluctuations and currents mentioned herein, the water at the project site may at times be rough. Again, Contractor shall familiarize himself with the daily and extreme conditions that might be expected throughout the duration of this project. Impact and rework of partially completed work components shall not be just cause for increased compensation: C. Current: Strong tidal currents exist in and adjacent to the project site, particularly within channels. D. Groundwater: Subsurface groundwater conditions and elevations may change. Changes in groundwater elevations shall not be just cause for increased compensation. E. Surface Debris: Areas of Work may be cluttered with debris, trash, etc. washed ashore. Prior to commencement of the Work, Contractor shall remove debris from the footprint of all Work areas. Debris shall not be covered up, buried, pushed into adjacent areas, or incorporated into the earthwork of the project. Debris shall be hauled away from the project site and disposed of in accordance with applicable federal, state, and municipal laws, rules, regulations, and ordinances. Section A - SP (Revised 12/15/04) Page 28 of 31 �.a A -63 Protection of Site A. Contractor is notified that construction will occur adjacent to active public recreational facilities, private property, and environmentally sensitive areas. Contractor is hereby notified that adverse Working conditions may exist, and the necessary allowances and precautions shall be made to avoid damaging public and private property and sensitive vegetation. Unauthorized damage to any existing utilities, building facilities, structures, or plant life shall be repaired by Contractor at no expense to City. B. Utility locations have not been field verified. Pipelines and /or other existing underground installations and structures in the vicinity of the Work may be present. Contractor shall make every effort to locate all underground obstacles and /or pipelines by prospecting in advance of all trench excavation. Any damage to pipelines,, including any resulting environmental contamination, caused by the construction activities shall be repaired /cleaned -up by Contractor. Any delay or extra. cost to Contractor shall not constitute a claim for extra Work, additional payment, or damages. C. Contractor shall protect all vegetation adjacent to and within the construction site. If ContractorTs Work will require removal of vegetation, Contractor shall obtain approval of City prior to removal. Contractor shall be held liable for removal of vegetation. without City's prior approval. D. The plans show the locations of known surface structures pertinent to the Work. The locations of surface and subsurface features shown on the plans are not exact. In the case of underground or underwater obstructions such. as existing water, sewer, storm sewer, gas, electrical lines, piling, debris, rocks, or partial structures that are not shown on the plans, their location is not guaranteed. The City assumes no responsibility for failure to show any or all these structures on the plans or to show them in their exact location. Failure to show will not be considered sufficient basis for claims for additional compensation for extra Work in any manner whatsoever, unless the obstruction encountered is such as to necessitate substantial changes in the lines or grades or requires the building of special Work for which no provision is made. Minor changes and variations of the Work specified and shown on the plans shall be expected by Contractor and allowed for as incidental to the satisfactory completion of a whole and functioning Work or improvement. A -64 Misplaced Material Should Contractor, during the progress of the construction, lose, dump, throw overboard, sink, or misplace any material, plant, machinery or appliance, which in the opinion of Engineer may be dangerous to or obstruct navigation, or pose a safety. risk for public recreational activity in an around' the water, Contractor shall recover and remove the same with the utmost dispatch. Contractor shall give immediate notice, with description and location of such obstructions, until the same are removed. Should Contractor refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by City, and the cost of such removal may be deducted from any money due or to become due to Contractor, or may be recovered under his bond. The liability of Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Sections 15, 19, and 20 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.0 410 et seq). Section A - SP (Revised 12/15/04) Page 29 of 31 A -65 Signal Lights Contractor shall display signal lights and conduct his operations in strict accordance with the general regulations of the Department of the U.S_ Army and the U.S. Coast Guard. These general regulations govern lights and day signals on towing vessels with tows, vessels working on wrecks, dredges, vessels engaged in laying cables or pipe, dredge pipelines, vessels of more than 65 feet in length moored or anchored in a fairway or channel, and floating plant working in navigable channels, as set forth, in Commandant U.S. Coast Guard Instruction M16672.2, Navigation Rules: International - Inland (COMDTINST M16672.2) or 33CRR81 Appendix A (International) and 33 VTR 84 through 89 (inland) as applicable. A -66 Vessel Traffic Contractor shall conduct the Work in such a manner as to endanger commercial and recreational navigation as little as possible. Contractor shall visit the site prior to submitting bids and inform himself as to the conditions to be expected. Upon the completion of the work, Contractor shall promptly remove his plant including ranges, buoys, piles, other markers and /or temporary structures placed by him under the contract. A -67 Layout of Work and Surveys All baselines, temporary benchmarks and survey control shall be established and maintained by Contractor for duration of construction activities. Contractor shall also be responsible for all measurements that may be required for the execution of the Work to the lines and grades specified in the specifications or on the drawings. It is Contractor's . responsibility to maintain and preserve all benchmarks, stakes and other markers if such marks are destroyed by Contractor through Contractor's negligence prior to their authorized removal. Section A - SP (Revised 12/15/04) Page 30 of 31 SUBMITTAL TRANSMITTAL FORM PROJECT: PACKERY CHANNEL DREDGNG AND BEACH NOURISHMENT PROJECT NO. E10168 OWNER: CITY OF CORPUS CHRISTI ENGINEER: HDR Engineering, Inc. CONTRACTOR:. SUBMITTAL DATE: APPLICABLE SPECIFICATION OR DRAWING 02000 SUBMITTAL NUMBER. SUBMITTAL Name of RPLS Surveying Plan Survey Submittal Log Pre- Dredge Hazard Survey Channel Dredging Surveys and Quantity Computations Beach Scrape -Down Area Surveys Beach Nourishment Surveys 02221 Spill Contingency Plan Daily Activities Reports Construction Plan Survey Drawings 02224 Aerial Photography Section A - SP (Revised 12/15/04) Page 31 of 31 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 27TH day of SEPTEMBER, 2011, 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 Apollo Environmental Strategies, Inc. termed in the Contract Documents as " Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $1,757,655.00 by City and other obligations of City as set out herein, Contractor will construct and complete Certain improvements described as follows: PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 (TOTAL BASE BID + ADD.ALT.NO.1: $1,757,655.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 ?ev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A-26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 135 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev ;:un -2010 City Secretary APPRO)IED AS TO LEGAL FORM: 13y: Asst. City Attorney ATTEST: (If Corporation) �i-32A V� (Seal Below) (Note: It Person signing for corporation is not President, attach copy of authorization to sign) CITY OF Cud PUS CHR By: Juan Perales, Jr_,P Assistant City Manager Public VVorks, Utilities, and Transportation By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Apollo Environmental Strategies, Inc. Lay: Title:�e -� P.O. Box 12114 (Address) Beaumont, TX 77726 (City) (State)(ZIP) 4091833 -3330 * 8771937 -2771 (Phone) (Fax) LaiaLcalL �Y CtJfOtYClI.. Page 3 of 3 xev. Jun -2020 UTHOR11E0 SECRErARtY AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 27TH day of SEPTEMBER, 2011, 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 Apollo Environmental Strategies, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $1,757,655.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 (TOTAL BASE BID + ADD.ALT.NO.1: $1,757,655.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 r-^ Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 135 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 T ATTEST: City Secretary APPROVED AS TO LEGAL FORM: By: Asst. City Attorney mig7Sittkifi C oration Seal- B=e {ow ,(Note lf.Person:signing for corporation is not President, attach copy of authorization W.to sign) CITY OF CORPUS CHRISTI By: Juan Perales, Jr.,P.E. Assistant City Manager Public Works, Utilities, and Transportation By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Apollo Environmental Strategies, Inc. Title: P.O. Box 12114 • (Address) Beaumont, TX 77726 (City) (State)(ZIP) 409/833-3330 * 8771937 -2771 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 PROPOSAL FORM • F O R PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 8 P R O P O S A L Place: Date: 1- ZO`11 _ . Proposal of APOLLO emetro►wt e - 5� 4ea e� a Corporation organized and existing under the laws of the State of T EKps OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 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 Page 2 of 8 PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 BASE BID PART A - GENERAL Proposal Form Page 3 of 8 TOTAL BASE BID: $ 1 tip to 55.00 (Items A -1 thru A -7) II III IV V BID ITEM QTY UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICE j IN FIGURES A- f 1 LS MOBILIZATION /DEMOBILIZATION, complete and in place per LUMP SUM $ (p $ AS 000 tit) A -2 1 LS PRE - DREDGE HAZARD SURVEY, complete and in place per LUMP SUM $ ti 3-15 $ 315 . + 00 1 LS CONSTRUCTION SURVEYING, complete and in place per LUMP SUM $ 5b Sf� $°. ZS a. 00 A-4 264,300 CY DREDGING SECTIONS 1 AND 2, complete and in place per CUBIC YARD $ 3• aU5 $ I� tin : 0 }SSS A-5 1 LS BEACH NOURISHMENT, complete and in place per LUMP SUM $ #I v ZZs $ Bile L O iS.n A-6 1 LS AERIAL PHOTOGRAPHY, complete and in place per LUMP SUM $ 1o,Z5o $ b� ZSO • QD A-7 1 LSI31 ALLOWANCE FOR ADDITIONAL DREDGING IN SECTIONS 1 AND 2, complete and in place per CUBIC YARD (See Note 3) $ 150,000 $ 150,000 Proposal Form Page 3 of 8 TOTAL BASE BID: $ 1 tip to 55.00 (Items A -1 thru A -7) 7 PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 ADDITIVE ALTERNATE BIDS ADDITITVE ALTERNATE NO. 1 — DREDGING SECTION 3 11 111 BID ITEM QTY & UNIT DESCRIPTION ADD.1 4,000 CY DREDGING SECTION 3, complete and in place per CUBIC YARD. UNIT PRICE IN FIGURES TOTAL ADDITIVE ALTERNATE NO 1 $ (Item ADD.1) ADDITITVE ALTERNATE NO. 2 — SAND EXCAVATION AND HAULING V BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) $ 1Z ODO. o 12.,ot o.Do TOTAL ADDITIVE ALTERNATE NO. 2 $ 41, 2-5 0. pD (Item ADD.2) Notes: (1) Unit Prices are for installed items and include all costs of materials, labor, profit, overhead, and subsidiary costs. (2) The price for Mobilization/Demobilization shall not exceed 15% of the Total Base Bid amount. (3) Bid Item A -7, "Allowance For Additional Dredging In Sections 1 And 2,' may be awarded (at City's convenience) should City determine that additional channel shoaling has occurred prior to award. The $150,000 shown for this item is considered a cap for additional dredging. Actual amount of additional dredging required will be based on Contractor's initial surveys and paid at contract unit price listed under Bid Item A-4. City reserves the right to adjust amount shown for Bid Item A -7. (4) The prices for Additive Alternate No. 1 and Additive Alternate No. 2 shall include all subsidiary and ancillary work including mobilization /demobilization, hazard surveying, construction surveying, and beach nourishment. Proposal Form Page 4 of 8 II III ry . y BID ITEM QTY & UNIT N =s' ,.._ 0 r... ,--=-- UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES A � � : 15,000 CY BEACH SCRAPE -DOWN (SAND EXCAVATION AND HAULING AT SEAWALL), complete and in place per CUBIC YARD. $ z 15 $ y 1 150 .00 ■ TOTAL ADDITIVE ALTERNATE NO. 2 $ 41, 2-5 0. pD (Item ADD.2) Notes: (1) Unit Prices are for installed items and include all costs of materials, labor, profit, overhead, and subsidiary costs. (2) The price for Mobilization/Demobilization shall not exceed 15% of the Total Base Bid amount. (3) Bid Item A -7, "Allowance For Additional Dredging In Sections 1 And 2,' may be awarded (at City's convenience) should City determine that additional channel shoaling has occurred prior to award. The $150,000 shown for this item is considered a cap for additional dredging. Actual amount of additional dredging required will be based on Contractor's initial surveys and paid at contract unit price listed under Bid Item A-4. City reserves the right to adjust amount shown for Bid Item A -7. (4) The prices for Additive Alternate No. 1 and Additive Alternate No. 2 shall include all subsidiary and ancillary work including mobilization /demobilization, hazard surveying, construction surveying, and beach nourishment. Proposal Form Page 4 of 8 PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 BID SUMMARY: BASE BID (ITEM A -1 THRU A -7): $ ADD. ALT. NO. 1 (ITEM ADD. 1): $ ADD. ALT. NO. 2 (ITEM ADD. 2): $ 1,145, to55 0D %Z , ono. Do 41, 2SO.0t' TOTAL BASE BID PLUS ADDITIVE ALT. NO. 1: $ I 171 (0 SS ,r TOTAL BASE BID PLUS ADDITIVE ALT. NO. 2: $ I/ 18L, el 05.0t, TOTAL BASE BID PLUS ADD. ALT. NO. 1 AND ADD. ALT. NO. 2: $ 11 1�1 igp5,0D Proposal Form Page 5 of 8 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 55t 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 the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description'of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Comp3etion: The undersigned agrees to complete the work within the calendar day times indicated below following the date' designated by a Work Order: Base 'Bid Time is 120 Calendar Days. Additive Alternate No. 1 Time is 15 Additional Calendar Days. Additive Alternate No. 2 Time is 0 Additional Calendar Days. The undersigned further'declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything. required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract . documents and the requirements pertaining thereto,• for the sum or sums above set forth. number): Receipt of the following addenda is acknowledged (addenda NOTE: Respectfully submitted: Name: ‘!t vev E L►-� S By: Is (SIGNATURE) ion) Address: E4 t2' t (P.O. Box) (Street) $Qt.LA.t notzi -1712,-(s) (City) (State) .(Zip) Telephone: Lt to -°,33 -3330 Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Proposal Form Page6of8 (Revised August 2000) STATE OF TEXAS PAYMENT BOND §. COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. TXIFSUO 541338 That Apollo. Environmental Strategies, Inc. of the City of Beaumont , County of I- Jefferson , and State of Texas ,:.as principal ( "Principal "), and authorized fLd1 ?784PG �� P.,� .j. a solvent company duly under the laws rof the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces. County; Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of ONE MILLION, SEVEN HUNDRED FIFTY- SEVEN. THOUSAND, SIX HUNDRED FIFTY FUVF ANil Nfhtff 11 fi TlrnlIars (S1,757,assAn El S..) to he paid in Ntu rek County, Texas, for the payment of which sum well and truly to be made, We, said Principal and. Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 27TH day of SEPTEMBER, 2011 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: PACKERY CHANNEL DREDGING AND BEACH: NOURISHMENT PROJECT NO. E10168 (TOTAL BASE BID 4. ADD.ALT.NO.i[ :.$1,757,655.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts; work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become Trull and void, otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contrac time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension Of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder: (Rev. Date May2011) Payment Bond Page 1. of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended_ In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed - an original, this the 5th day of October , 2011. PRINCIPAL Apollo Environmental Strategies. Inc. By: r i Title :, ATTEST: Secretary Address: P.O. Box 12114 Beaumont, Tx 77726 -2114 Rev. Date May 2011 SURETY Internation.I Fidelity Insurance Com n By: e Attorney -in- Address: McAnally Wilkins, Inc. 110 W. Louisiana Ave., Suite 150 Midland, Tx 79701 Telephone: (432) 685 -9300 Fax: (432) 685 -9399 E- Mail: blaine @mcanallywilkins.com Payment Bond Page 2 of 3 Name and address of Resident Agent, of Surety in Nueces County, Texas, for d6livery of notice and service of process: Name:. Kevin Keetch Agency: Keetch & Associates Address: 1718 Santa Fe Street (Physical Street Address) Corpus Christi, Tx 78404 -1857 (City) (State) (Zip) Telephone :. (361) 883 -3803 E -Mail: kwoods @keetchins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto_ Note: Date of Payrnent Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 .URAN mo icOickon,NOVAkk.:etNT4:20TAWII: de6sting 1 THESE PRESENTS That -TE- the Ci6 • , . — BiYeit.e aha haviivit: principal office „ . ITV 6CliVfPANYi;": a corporation _ • :' fisll RN ,,.c.fier.e6yconstitUie and apPO.:11.-: laws Of he State ::.of New ttlititop:HER rr , rAyLvk ,floyp JACICCQNVAN,. - MtANA:LLy'„,,. .,„ JAY: — , • . . Its true and lawful attorn4(S)-in4act to execute, seat and deliver :6* and on its behalf as surety, any and :::all bonds and uridettakings, contracts of indemnity and other : Writings:obligatory:in the nature theteof which areor.mayhe allowed, required Or permitted by law, stature ,..rule,- regulation, contract :or otherwise; and the execution of such mstrument(s}:: in pursuance hof these 'presents . shall be as::.:;binding'ilpoii the said INTERNATIONAL FIRELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and .acknowledged by its regularly elected officers at rts This Power Of-AttOrrieY' is eXecined- and may be ieVoked:pursuant.k'and by:authorty:Of l he:BY-LaWS adopted:.b:..: y he;3Ciard of Dtectors'of.INTERNATIONAL FIPELtrYINgRANCE COMPANYaea neetingealled and hed-Ob.the74h.cay;Of Febrnary;I974 ".•.- "...The ::President or any :ViC'e.45resident, EXeentive:Vice President:Secretark:or:ASsistarit.Secretary, shall arid.autbor0:::., I.) To appoint Attorneys=in-faCt; and :t0 atithori2e;::themt6 execute n bebJf of the and attach the Seal al' the Company thereto bonds and .H iindertakinA,.toutradtsor indemnity andiOther-WriOngs:Obligatbry.:in the :nature thereof and (2),T0 reinOve.44t:any tmie ariY"jsuch attOrney?iii4act4ridreVOke the:Anthority:givert::: Further this Power of AttOrney is signed and,:sialed'byTaesinite,plitsuant.tO..reSolutkia-• of the.:13oard:Of Directors of said Coinpany,.,adOptqd.taa Meeting dtily callea':autf. held on tfie':2coli.d.Ay of April 1982 bf.whieft.Ahe f0.11OWing.;:iS.* true ekeerpt.:;. • • -•.• • .--• • • . . • • Now therefore the.-SignatureS'elf;Silelibfficerand the seal of the Company may be;:affixed-lo,any, such power of attorney or any certificate relating thereto by facAtnile:;;:an.d.:any'!$noilijOver of attorney ortettilicaW.bpaiiint:tuch.;',PacsirnOesign4(010$ or facsimie seal shall be valid 411d1)10(iltig..4APOwthe corupany.ancf.ally s*icti,:povvees0.:--exeatf*.d and e.t.i.tif10d:br.fat$iinile;.§ignatur.e$' and faesunjle shall be the future wtth rcspoet to any ;:. bond or undertaking to which it is atached ••]. .„_. . ..... . . .:„ • • - ; • • • t ITV IN WHEREOF WIEttrOSITO•NAL. FIDELITY ;JNSORAINCLCOMPANY has caued this rnstruinent to bi."1 signed and its corporate seal be affixed by itS anthotized";OffiCei this Ith day: of October , .•!•-• '-••• •••,•:.; iNtotNATtot4XL,flOti3Tymsci--.coriN:08Ny::: • •„, ••••• • •• ••• •• ST4TE.OF NEW JERSEY County Of:-ESseX •Secretary. On this .1)5th day -of October :2007 before me came the individual who executed the preeedirig instrument; to ine,perSonally,knoWn; and being by me dilly:: - - : swOrn, said the he is the therein described and authorized officer of the ::::: INTERNATIONAL FIDELITY INSURANCE COMPANY ;:that the....seal:affiked to ' :;•- said instrument is :Me. Corporate Seal of said Company 4 that the said pirporate.. Seal and his signature were duly affixed by order of the Board of Directors of 4.0 %/Az IN TESTIMONY VVI-IEREOP,'I ha-iieliereunto et my hand :affixed-My Official Seal, : at the City of .Newark, New,Jetsey the day and year first above Written. 'lie' . ... . 6 - 40 ' : ' ' . ' ', ,"•: ' -. : ' :.. . : :: , - -:. A NOTARY PUBLIC OP NEW JERSEY CERTIFICATION ' My Commission —NP r es.M arch . .: . . 27, 2011:: L:the undersigned d t ail the copy of aersigned °fficer of ' Ithe SectiOn of the .. . .:: f INTERNATIONAL ND Power of Attorney .ELrfir IINSUBANC COMPANY e rai in said Power.orAttorn y ... *s of said CorripanY:.a. set 0 that I have ;compare foregoing Attorney ' with the'ORIPI _ NALS ON IN III revoked and iN.TIOW in fu orc feet 11616 of the gaid 'Originals, an . : d that the:;said.Power.:.: .:. E HOME OFFICE OP SAID , of Auorney re ' full T e and el --, IN TESTIMONY:WIIEREOp", 1 have,herminto set my hand this • • PAYMENT BOND STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. That Apollo Environmental Strategies, Inc. of the City of Beaumont , County of Jefferson , and State of Texas , as principal ( "Principal "), and , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of ONE MILLION, SEVEN HUNDRED FIFTY -SEVEN THOUSAND, SIX HUNDRED FIFTY -FIVE AND NO/100 U.S. Dollars ($1,757,655.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 27TH day of SEPTEMBER, 2011 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 (TOTAL BASE BID + ADD.ALT.NO.1: $1,757,655.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) 3 Payment Bond Page 1 of Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed - an original, this the day of , 20_. PRINCIPAL SURETY By: By: Attorney -in -fact Title: ATTEST: w Secretary Address: Address: Rev. Date May 2011 Telephone: Fax: E -Mail: Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Agency: Address: (Physical Street Address) (City) (State) (Zip) Telephone: E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 PERFORMANCE BO.N.D STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No. TXIFSUO 541338 That Apolto Environmental Strategies, Inc. of the City of Beaumont , County of Jefferson , and State of Texas , as principal ( "Principal "), and «u " L., I,;.., , a solvent company duly authorized under the laws of the ` tate of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or 'OWNER1), in the penal sum of ONE MILLION, SEVEN HUNDRED FIFTY- SEVEN THOUSAND, SIX HUNDRED FIFTY - FIVE AND NO /100 U,S. Dollars. ($ 1,757,655.00 U:S,) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents` Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 27TH of SEPTEMBER 2011, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 (TOTAL BASE BID + ADD.ALT.NO.1; $1,757;655.00). Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said, contract agreed and . covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and. if the Principal shall repair 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 complet ion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does . hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be. performed thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended:_ Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom . service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this . instrument in 4 copies, each one of which shall be deemed an original, this the 5th day of October , 20 11 PRINCIPAL SURETY Apollo Environmental Strategies, Inc. Internatio ATTEST: 005.16a, Secretary Address: P.O. Box 12114 Beaumont, Tx 77726 -2114 (Rev. Date May 2011) By: I Fidelity Insurance Co • Ar Attorney -in ' act Address: McAnally Wilkins, Inc. an 110 W. Louisiana Avenue, Suite 150 Midland, Tx 79701 Telephone° (432) 685 -9300 Fax: (432) 685 -9399 E -Mail: blaine @mcanallywilkins.com Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch & Associates Address: 1718 Santa Fe Street (Physical Street Address) Corpus Christi, Tx 78404 -1857 (City) (State) (Zip) Telephone: (361) 883 -3803 E- Mail: kwoods ©keetchins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date- May 2011) : Performance Bond Page .3 of 3 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & Number: PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 Surety Company: International Fidelity Insurance Company Ladies /Gentlemen: 1, John Dooley, Regional Manager for IFIC, hereby certify that the facsimile power of attorney submitted by Christopher Blaine McAnally for Apollo Environmental Strategies, Inc., a copy of which is attached to this certificate, is a true and correct copy of the original power on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. -Box 9277 Corpus Christi, TX 78469 -9277 Signed this 5th day of October, 2011. Name: Joh ooley Title: IFIC - -0ional Manager Sworn and subscribed to before me on this 5th day of October, 2011. Notary Public State of Texas My Commission Expires: JP e n WON a JENNIFER DAWN LYONS Public. State of Texas My Commission alaires April 18, 2015 3 624=72 RN NOME O FIC Ol d 1*I WARK CENTER NTH FLOOR NEWARKr NEW 7E1 BEY' Q7102 -5207 KNOW ALL MEN BY THESE PRESENTS That INTERNA .TIONALFIDELITY:INSURANCE COMPANY;.. a corporation organized and existing, laws of the State of New Jersey; and having:its principal office in, the City of Newark, ,New Jersey, does_hereby constitute and appoint JAY TAYLOR , ..BOYD JACK COWAN <JOHN W VLLKINS:; CHRISTOPHER MAINE MCANALLY Midland ;;:;TX. • its true and lawful attorliey(s) -in4act to execute seal and detever for and on its. behalf as surety any and.all bonds and undertaken s, contracts of indemnity and other writings obligatory rn the nature thereof which are or•niay be allowed, required Or (Permitted by law;, stature, rule, regulation.; contract: or otherwise, and the execution Of such insiru(11ent(s) in pursuance of these presents, jshall be as'bindiing upon the said .INTERNATIONAL .FIi)EL1TY' INSURANCE COMPA1�iY as fully and amply; to all .intents and purposes, as if the same, had been duly executed and aeknowledged.by its regularly elected officers at its Chas Power of Attorneyy is executed, and may be revoked;' pursuant to and by authority: of Article 3 Section 3 of the By Laws adoppted by the'Board of Directors of INTERNATIONAL FIDELI l YJNSURANCE COMPANY at a meeting called and hetd on the 70 day of February, ,1:974. . ThePresident or any Vice President .Executive Vice ?resident y .Secretar or Assistant. Secretary, shall have< power and authority ,(T) To appoint Attorneys in fact, and to authorize them ro execute on behalf'of the Company, and attach the Seal: of the Company thereto, bonds and undertakings, contracts of indemnity and other.writings 4.bligatoiy in the nature; thereof anti, (2) To remo -ve at any tame;; any such attorney ;:in; fact acid revoke file authority given.;; Further this Power.of Attorney is signed and sealed by faestrnile pursuant to resolution of the Board of Directors pfsaid Company adopted. at a meeting duly called and held on the 29th.::day of April, 1982 'of which the following_ is a true excerpt.. Now therefore the signatures of: Such officers and the seal of the Company may be affixed to any, such power of attorney or any certificate relating "thereto by facsimile and; any such' power of attorney; or certificate bearing such;facsrmile signatures or` facsimile seal; shall be vabd and bindr upon the Coinpany::and any such power so?;executed: and Certified by facsimile signatures and facsimile seal shall be valid and binding upon the. Compaiay in: ie future with respect „to any :. bond "or undertaking to :,which it' is attached oimithikr Oft,? OA14► SEAL: y 1 904 JES lit Secretary IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this:instruuient to be signed, and its corporate seal to be affixed by :its authorized officer thts'16th day of October:, A_D:. 2007 INTERNATIONAL FIDELITY INSURANCE COMPAN'i' STATE f Essex 7ERSkY Coun ty g1"ssex =. On this 16th day of October 2007 before me :came the :individual who executed the recedirw tnstrurnent to Inc personally known, and, being by::;ine duly: sworn; said the he. is the therein describedand authorized officer of the INTERNAT1pONAL IDELITY �NSURANC>E COMPANY, that:.Ehe seal a (fixed, to said instrument is the :Corporate Seal of said Company, That the satd:::Corporate Seal and his. signature. were duly affixed by order of the. Board 0!”. flirectors of . said Company; . }i' V 'ri IN TESTIMONY WHEREOF I hay.;e hereunto set my hared affixed my Official Seal �,O'C��y� -� �f at die City of Newark, New Jersey the day and year 'first above written ler f:r op A �L .A, NVOTARY.PTIBLIC :OF NEW JERSEY Ivly Commission Expires March. 27;.201.4 I,' the aindersigned Officer of INTERNATIONAL FIDE( ITY INSURANCE COMPANY do :herebby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy.of the Section of the By�Laws 01' said Company as.,set forth:in said PoWer„Of,AttOrney, With the `ORIGINALS ON IN THE HOME OFFICE OF AID COMPANY, acid that the same are correct :transcripts thereof, and of:fhe whole;of the said oragartats and that the said Power of Attorney has not been revoked and is now • to full force and effect IN TESTIMONY IVIIEREOF' I have hereunto set my hand this *of :Ogiaiit`$ecrera, PERFORMANCE BOND STATE OF TEXAS COUNTY OF NUECES § BOND No. KNOW ALL BY THESE PRESENTS: That Apollo Environmental Strategies, Inc. of the City of Beaumont County of Jefferson , and State of Texas , as principal ( "Principal "), and , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of ONE MILLION, SEVEN HUNDRED FIFTY -SEVEN THOUSAND, SIX HUNDRED FIFTY - FIVE AND NO/100 U.S. Dollars ($ 1,757,655.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 27TH of SEPTEMBER , 2011, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT PROJECT NO. E10168 (TOTAL BASE BID + ADD.ALT.NO.1: $1,757,655.00) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair 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(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident — Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL SURETY By: By: Attorney -in -fact Title: ATTEST: Secretary Address: Address: (Rev. Date May 2011) Telephone: Fax: E -Mail: Performance Bond Page 2 of 3 dH ress of`R- esident;Agent- ofSurety in Nueces County:Texas -for :delivery'of` =notice and service of°process Name: Agency: Address: Telephone: E -Mail: (Physical Street Address) (City) (State) (Zip) Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 SUPPLIER NUMBER 4.vrvr TO BE ASSIGNED BY CITY City of PURCHASING DIVISION COrpus Christi to CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information_ Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and defmitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: P POLLo G met ecw, r, -e y'-4` sa-r i eS yzl1y FIRM IS: 1. Corporation CITY: 2. Partnership 0 ZIP: 717Zto 3_ Sole Owner ❑ 4. Association ❑ 5. Other ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named. "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee Nye 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name 0011.% e_ Consultant Proposal Form Page 7 as FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Tt ELMS Title: (Type or Frio Signature of Certifying Person: <7,.„ DEFINITIONS Y- P Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." . Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and. Municipal Court Judges of the City of Corpus Christi, Texas. f "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form Page 8 of 8 4WR CERTIFICATE OF LIABILITY INSURANCE DATE (MNMDDIYYYY) 10/5/20'1 PRODUCER (432) 685-9300 FAX: (432) 685 -9399 MCANALLY WILKINTS , INC p . 0. Box 60810 Midland TX 79711 THIS CERTIFICATE IS ISSUED AS A MATTER OF ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POLICIES INFORMATION CERTIFICATE EXTEND OR BELOW, NAIC # —____ INSURERS AFFORDING COVERAGE INSURED Apollo Environmental Strategies , Inc. PO Box 12114 Beaumont TX 77726 ENSURER A: Lloyds of London INSURER B: - -- INSURER C: __ INSURER D. • INSURER E: COMMERCIAL GENERAL LIABILITY 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 WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ���ggqpppl7 LTR YNSR TYPE OFINSURANCE I -- POLICY NUMBER fYIEFFECTIVE E VEI DATE EXPIRATION IMMI�pmyyl UMITS ll— GENERALLIABILJTY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MADE DE n OCCUR -._$ MED EXP (Any one person) $ –� DV PERSONAL &AINJURY $ G_ EN'L r IG ENERAL AGGREGATE $ AGGRE�GATE LIMIT APPLIES PER: POLICY I I PRO- Q LOC PRODUCTS - COMP /OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ((EaMBINa D SINGLE LIMIT BODILY INJURY Per person) $ BODILY INJURY {Per accident) 5 PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/ .. _ UMBRELLA LIABIUTY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ 5 A 1 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? {M andatory or NH) If yes, describe under SPECIAL PROVISIONS below LA MEL 357 Maritime Employers Liab _ 2/20/2011 2/20/2012 f WCSTATU- OTH- TORY LIMITS ER_ E.L. EACH ACCIDENT v , 1,000, 000 E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTIKER DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLESI EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISION $ RE: Packery Channel Dredging & Beach Nourishment, Project # E10168 _¢°// ER CANCELLATION City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 SHOULD ANY OFIHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE/THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 e/ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE. Blaine McAnally /JAY /cue- r7-7` ACORD 25(2009101) INS025 (205901) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AMENDATORY ENDORSEMENT THIS ENDORSEMENT MODIFIES THE POLICY; PLEASE READ CAI- bFU LLY. It is agreed and understand that 30 -day notice of cancellation is afforded to: City of Corpus Christi Department of Engineering Attn: Contract Administrator P.O. Box 9277 Corpus Christi, Tx 78469 -9277 THE EFFECTIVE DATE OF THIS ENDORSEMENT IS: 5 October, 2011 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS ENDORSEMENT IS ATTACHED AND MADE A PART OF CERTIFICATE NO LA MEL 357 ISSUED TO. Apollo Environmental Strategies, Inc. DATE OF ISSUE- 5 -10 -11 GRESHAM . ASSOCT.ATES B : Haiold M. Garb, JR.. ENDT NO, rraw,'�µ aas•S:A.: 12'_!.`Vx�'aAaF:l6ilAi5ir -n35' 2,941 4S b6.iGezrm 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 polities 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 (2009!01) I NSO25 (200901) Ixas TEXAS WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY TM -LH -2001 LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT COVERAGE ENDORSEMENT IMPORTANT NOTICE! THE INSURANCE PROVIDED BY THIS ENDORSEMENT IS LIMITED. This coverage applies only to persons under your contract of hire, whether express or implied, oral or written, and includes employees employed in the usual course and scope of your business who are directed by you temporarily to perform services outside the usual course and scope of your business. An employee who is injured while working in another jurisdiction or the employee's legal beneficiary is entitled to all rights and remedies if the injury would be compensabte if it had occurred in this state ann , the employee has significant contacts with this state or the employment is principally located in this State. An employee has significant contacts with this state if the employee was hired or recruited in this state and the employee was injured not later than one year after the date of hire or has worked in this state for at least ten working days preceding the date of injury. This endorsement applies only to work subject to the Longshore and Harbor Workers' Compensation Act in a state shown in the Schedule. General Section C. Workers' Compensation Law is replaced by the following: C. Workers' Compensation Law Workers' Compensation law means the workers or workmen's compensation Law and occupational disease law of each state or territory named in Item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901 -950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workmen's compensation law, other federal' occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part. Two (Employers Liability Insurance), C. Exclusions., exclusion e, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This endorsement does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nvnapprepriated Fund instrumentalities Act. Schedule State TEXAS Longshore and Harbor Workers' Compensation Act Coverage Percentage 62% The rates for classifications with code numbers not followed by the letter "F" are rates for work not ordinarily subject to the Longshore and Harbor Workers` Compensation Act. If this policy covers work under such classifications, and if the work is subject to the Longshore and Harbor Workers' Compensation Act, those non -F classification rates will be increased by the Longshore and Harbor Workers' Compensation Act Coverage Percentage shown in the Schedule. This endorsement charges the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be competed only when this endorsement is issued subsequent to preparation of the € icy.) This endorsement, effective on V Policy No. TSF- 0001010191 201 90220 oftheTexas Mutual insurance Company Issued to APOLLO ENV I RONIvIENTAL STRATEGIES I NC at 12;01 A.M. standard rime, lams a part of Premium $ TNI 4LHW -2001 AGENT'S COPY Endorsement RIG. Authorized Representative AAPAVIA 2 -22 -2011 'Sylvia Arriaga From: Jerry Hauske [jhauske @apolloenviro.com] Sent: Tuesday, October 11, 2011 11:22 AM To: Sylvia Arriaga Cc: Sandy Elms Subject: FW: Hull /P &I Certificate for City of Corpus Christi Attachments: Form101120111110.PDF Sylvia, As a follow -up to our telephone conversation, attached is clarification of P &I for all watercraft used on the project, including the small barge. Jerry Hauske, P.F. APOLLO Environmental Strategies, Inc. P.O. Box 12114 Beaumont, TX 77726 -2114 Email : ihauske @apolloenviro.com Tel: 409 -833 -3330 / 1- 800 -742 -1033 Fax: 409 - 833 -8363 Cell: 409 -795 -4409 www.apolloenvlronmental.com From: Jay Taylor f mailto :jay{cmcanallywilkins.coml Sent: Tuesday, October 11, 2011 11:13 AM To: Jerry Hauske t hauske(Tapolloenviro.com) Subject: HuII/P&I Certificate for City of Corpus Christi Jerry, Attached is a certificate evidencing Hull and P &I coverage issued to City of Corpus Christi. This certificate serves primarily an informational purpose. Thanks, AO -9-a?" McAnally Wilkins, Inc. 110 W. Louisiana Ave., Suite 150 Midland, Tx 79701 Ph: (432) 685 -93 16 M: (972) 835 -8779 1 AC`C?RD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYyri PRODUCER (432) 685 -9300 FAX: (432) 685 -9399 MCANALLY WILKINS, INC P.0 _ Box 60810 Midland TX 79711 - -r .....-1. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE ' NAIC # INSURED Apollo Environmental Strategies, Inc. PO Box 12114 Beaumont TX 77726 INSURER A: Essex Insurance Company INSURER B. INSURER C. INSURER D: INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID �� NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH CLAIMS. POLICYEFFE,CTIVE POLICY EXPIRATION I DATE MOD' I D • TE MM(DDJYYYY I LIMIT$ INSR LTR OD'U NSRDI TYPE OF INSURANCE POLICY NUMBER A GENERALLIABIUTY COMMERCIAL GENERAL LIABILITY - 9CC9010 -1 covering vessel Protection & Indemnity . I 1/7/2011 ! i i 2/20/2012 i EACH OCCURRENCE $ 2 000 000 En A • ED ! PREMISES (Ea occurrence $ CLAIMS MADE TI OCCUR 1 MED EXP Any one person) g XIVessel Protection S. I PERSONAL & ADV INJURY $ j Indemnity I GENERAL AGGREGATE $ 2,000 GEN'L AGGREGATE LIMIT APPLIES PER: —1 00 ; PRODUCTS - COMP /OP AGG $ AUTOMOBILE POLICY JERO- CT LOC LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ! COMBiNEDSENGLE LIMIT (Ea accident} $ BODILY INJURY !I (Per person) $ i BODILY INJURY {Pet aeeidenf) $ PROPERTY DAMAGE I (Per accident) $ GARAGE LIABILITY ANY AUTO i AUTO ONLY - EA ACCIDENT $ i OTHER THAN EA ACC $ I AUTO ONLY. AGG $ EXCESS nOCCUR /UMBRELLA LIABILITY CLAIMS MADE DEDUCTIBLE RETENTION $ I,I EACH OCCURRENCE $ { AGGREGATE $ I $ $ $ i WORKERS ANb EMPLOYERS' ANY PROPRIETOR/PARTNER OFFICER/MEMBER {Mandatory If yes, describe SPECIAL PROVISIONS COMPENSATION LIABILITY Y! N i - i WCSTATU- I IOTH- i TORYLIMIL$J_ i ER I $ Ii /EXECUTIVE EXCLUDED? ' E.L. EACH ACCIDENT in NI1 under below ? E.L. DISEASE - EA EMPLOYEE $ I E.L. DISEASE - POLICY LIMIT $ A oTHERVessel /Bull Physical Damage 9CC9010 -1 1/7/2011 2/20/2012 rtv: 1,907,719 ' Deductible: Shown Below DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS RE: Packery Channel Dredging & Beach Nourishment, Project if E10168 CANCELLATION City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LJABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Blaine McAnally /JAY "7-7`-�� ACORD 25 (2009/01) INS025 (200901) 01 ©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 (2009/01) INS025 (200901) 01 AWo CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDbfrir I 10/5/2011 PRODUCER (432) 685 -9300 FAX: (432) 685 -9399 MCANALI.Y WILKINS, INC P.O. Box 60810 Midland TX 79711 THIS CERTIFICATE IS ISSUED AS A MATTER OF ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POLICIES INFORMATION CERTIFICATE EXTEND OR BELOW N_ A IC # INSURERS AFFORDING COVERAGE _ INSURED Apollo Environmental Strategies, Inc. 1 PO Box 12114 Beaumont TX 77726 INSURER A: Irdnshore Specialty Ins. CO . I INSURER B: Praetorian Insurance Co UABIUTY�70 COMMERCIAL GENERAL LIABILITY INSURER C: Texas. Mutual Insurance 2/20/2012 INSURER D: $ _ 1,000,000 $ 5 000 INSURER E: DA —AV TO RENTED PREMISES (Ea occurrence COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID NAMED ABOVE FOR THE POLICY DOCUMENT WITH RESPECT TO WHICH IS SUBJECT TO ALL THE TERMS, CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION DATE IMMIDDIYYYYI�DATA MMIDD/YYYYL PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OISUCH - UNITS INSR DD'L. LTR �N$-D TYPE_OFINSURAN POLICY NUMBER A I GENERAL UABIUTY�70 COMMERCIAL GENERAL LIABILITY 2/20 /2011 2/20/2012 EACH OCCURRENCE I $ _ 1,000,000 $ 5 000 X DA —AV TO RENTED PREMISES (Ea occurrence CLAIMS MADE X I OCCUR b00942500 _ MEDEXP (Any one person) $ X000_ GENt X PERSONAL & ADV INJURY $ 1 000 000 1 GENERAL AGGREGATE L , $ 1_, 000, 000 AGGREGATE LIMIT APPLIES PER: POLICY f T7 LOC JE - PRODUCTS - COMP/OP AGG $ 1, 000 , 000 B AUTOMOBILE LUtBIUTY AM AUTO ALL OWNED AUTOS ICTX00o1505 SCHEDULED AUTOS HIRED AUTOS NOVA M ED AUTOS 2/20/2011 2/20/2 12 COMBINED SINGLE LIMIT (Eaacadent) $ ‘71, 000,000 X BODILY INJURY (Per person) - . . $ BODILY INJURY (Per acddent) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGO $ A EXCESS /UMBRELLA LIABILITY J 2/20/2011 2/203,912 EACH OCCURRENCE $ .' 4 000 000 X , OCCUR CLAIMS MADE AGGREGATE $ 4 000,000 DEDUCTIBLE 1000942600 RETENTION 3 0, 000; $ $ X $ C WORKERS COMPENSATION / AND EMPLOYERS'LWi&ITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE C OFFICER/MEMBER EXCLUDED? Mandatory In NH) rsF0001010191 If yes, describe under SPECIAL PROVISIONS below 2/20/2011 2/20/2012 N..07 1 WC STATU- I 10TH- _LTLORY LIMITS_L , ER E.L. EACH ACCIDENT $ 1 , 000,000 $ 1,000,000 E.L. DISEASE - EAEMPLOYE: E.L. DISEASE - POLICY LIMIT $ 1 , 000,000 A DTHERContractorsPollution 00942500 Professional Errors & Omissions Liab. 2/20/2011 2/20/2012 Each Occurrence: $ 1 000 000 Aggregate: $ 1, 000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS! VEHICLES./ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Packery Channel Dredging & Beach Nourishment, Project # E10168 !�f The City of Corpus Christi is nand as additional insured on all General Liability and all Auto Liability policies. Workers' Compensation policy includes U.S. Longshore & Rarborworkers' Act Endorsement. 4F! ERTIFICATE HOLDER CANCELLATION City of Corpus Christi Department of Engineering Services Attu: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 V SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFOREE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 v DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILTY OF ANY KIND UPON THE 'INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Blaine MCAnally /JAY ACORD 25(2009/01) INS025 (200901] ©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 art 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 after the coverage afforded by the policies listed thereon. ACORD 25 (2009101) I NS025 (200901) RONSHORL -ter 40? IRONSHORE SPECIALTY INSURANCE COMPANY One state Street Plaza 7th Floor New York, NY 10004 Toll Free: (877)1RON411 Policy Number: 00094250 Insured Name: Apollo Environmental Strategies, Inc. Effective Date of Endorsement: October 5, 2011 Ti at5 ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. (7 SPECIFIED ADDITIONAL INSURED(S) PRIMARY AND NQN- CONTRIBUTORY "Ns endorsement modifies insurance provided under the following: ENVIRONIsilENTAL PROTECTION INSURANCE COVERAGE PACKAGE (EPIC PAC) SCHEDULE Name of Adorttional Insured Personas) Or Organization(s) City of Corpus Christi Department of Engineering Services Adn: Contract Administrator P.O Box 9277 Corpus Christi, Tx 78469-9277 A. SECTION IS —WHO IS AN ENSURED, Paragraph 4, is amenbed to specify the entity indicated yn the Schedule above as; 4. Any person or organization with whom, you agree to include es an insured in a written contract, written agreement or permit, but only with respect to bodily injury, proper damage, envIronmer tai damage or personal and a.dVertising injury arising € ut of your operations, your work, equipment or premises leased or rented by you, or your products which are distributed or sold in the regular teurse of a vendor's business, however: 8. A vendor is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: al For which the vendor's obligated t€3 licy datr',ages by reason oaf the assunotion of iiabiiity in a contractor a.reenent except that which the vendor would have in the absence of the contract or agreement; 'E. ND EPIC -0 2 (05O9} includes copyrighted material of irtura Floe Services graces, inc. with its permission Page l o'3 (2) Arising out of any express warrants unauthorized by you; 0) Arising out of any physical or chemical change in the product made intentionally by the vendor; (4) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration f testing, r3rthe substitution of pans under instructions from you, and then repackaged in the original coriiner, (.SI Arising out of any failure to make inspections, adjustments, tents or servicing as the vendor has agreed is make normally t ndertakm to make in the usual course of business, in connection with the distribution or sale of the products; (6) Arising out of demonstration, 'installation servicing or repair operations, except sl;ch operations performed at the vendor's ,oration in connection with the sale of erne product; or (3) Arising out of products which, fter distribution Of Sale by you, have been rabeied or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. A manager or lesser of premises, a lessor of "ceased equipment, or a mortgagee, assignee, cr receiver is not an insured as respects bodily injury, property damage, environmental damage or personal and ad +ertish g injury: (1) Arising Dial of any occurrence that takes place after the equipment lease expires or you cease to be a tenant: or 423 Arising out of structural alterations, neat construction or demolition opera ricr;s period raced tog or on behalf of the manager or lessor of premises,. or mortgagee, assignee, or receiver. B. SKfsN Pd -CONDITIONS, paragraph 17. Other insurance, stern a. is amended to specify the entity indicated ir. the Schedule above as a person or organization with whom you agreed to insure and we vui,l not seek contribitiorrs from any such Other insurance issued to such person or Dream €zetion: ALL OTHER TERMS, CONDi i 1ohs AriaD EXCLUSIONS REMAIN UNCHANGED, oite Authorized Representative October 5, 2€311 Date tEiEN ENC.GiZ (0504) i;: dos copyrighted material of i;,surance Services Offices. Inc. with its permission Page 7o €2 V ADDITIONAL INSURED ENDORSEMENT THIS F3vT7ORSE.I ENT, EFFECTIVE ON O2f20f2O1.1 AT 12:41 AAL STANDARD 'FMB, FORMS 1 APART OF POLICY N1Th IBER PICTXOOO1 OF THE PRAETORIAN NSLTRANCE - ��� COMPANY ISSUED TO APOLLO ENVIRONMENTAL IT IS UNDERSTOOD AND D AGREED THAT THE FOLLOWING IS ADDED AS AN ADDITIONAL ENSURED HEREUNDER BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF THE OPERATIONS. OF THE NAMED ENSURED, AND THAT THE DICEUSION OF SUCH ADDITIONAL DIS"URED SHALL NOT SERVE TO NCREASE THE COMPANY'S LIMIT OF LIABILITY AS SPEciFIED IN THE DECLARATIONS OP THIS POLICY. THIS ENDORSEMENT APPLIES TO ADDITIONAL INSUREDS ADDED, AS REQUIRED BY WRITTEN CONTRACT, PRIOR TO TIDE. OCCURRENCE OF Y LOSSES. BLANKET AS REQUIRED BY WRITTEN CONTRACT SI09.00 FULLY EAR 'S© FLAT CHARGE 1 0.f 4h2 11 95ob52 POLICY NUMBER: 000942500 1 COMMERCIAL GENERAL LIABILITY CG02051204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material tsange to: SCHEDULE 1. Name: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator 2. 3. Address: P.O. Box 9277 Corpus Christi, TX 78469 -9277 Number of days advance notice: Information required to complete this Schedule, if not shown above, will be shown in the Declaration& CG02051204 Copyright, ISO Properties, Inc„ 2003 Page 1 of 1 00.021 -10] 1402001 oe 4 aWlopsik PQUCY NUMBER: PICrxo041505 COMMERCAAL AUTO CA 024406 i4 This ENDORSEMENT CHANGES THE POLICY. PLEASE READ fr CAREFULLY, JFEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the f wit g: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this erd rsernent, t e provisions of the Coverage Fora a Ply unless mod Ied by the endorsement This endorsement changes the phidy effective on the Inception date of the icy unless another date is indicated below. Endorsement Effective: 10J5J2011 Named insured: Apollo Environmental Strategies, Inc. Countersigned signed By: rued Re esentati�;e' . Number of Days' Notice 30 Name Of Person Or Organization Address SCHEDULE City of Corpus Christi Department of Engineering Services, Contract Administrator P.O. Box 9277 Carpus Christi, Tx 78469 -9277 tf this pow is canceled or materially changed to reduoe or restrict coverage, we well mail nodre va z,arcetlatian or change to the person sorcrgenizabon named in the Sdiebuie. wit/ give the number of days' noytiee indicated in the SCheduie. CA 02 44 06 04 Comight, ISO Properties, trrc,, 2003 Page t of -I WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420601 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the poky, we will mail advance notice to the person Or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule, Schedule f 1. Number of days advance notice: 30 2. Notice will be mailed to: CM OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TX 78469 -9277 This endorsement changes the policy to which it attathed effective on the inception date or the policy unless a different date is indicated below. (The following 'attaching clause' need be completed only when this endorsement is last eri subseque€ri tc preparation of the policy.) This endorsement, effective on 10/5/2011 at 1201 A,M. standard time, forms a part of Policy No. TSF- 0001010191 20110220 of the Texas Mutual Insurance Company Issued to APOLLO ENVIRONMENTAL STRATEGIES INC Premium $ iNCL 1 0420601 (ED_ 1-84) Endorsement No. Authorized Representative AGENT'S COPY AAPAV I A 2 -22 -2011