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HomeMy WebLinkAboutC2011-486 - 10/25/2011 - Approved2011 -486 10/25/11 M2011- 241 SafeNet Services, LLC :D1 AW: NG _i (Revised 7/5/00) COLE PARK SHORELINE RESTORATION BOND 2008 Project No. E11027 Table of Contents -NOTICE TOJ BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS -- B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A-4 Method of Award • A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance.. Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00). A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Office (Not Used) A -18 Schedule and Sequence of Construction A -19 Construction Staking A-20 Testing and Certification A -21 Project Signs A-22 Minority/ Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds A -25 Sales Tax' Exemption NO LONCER ADPLICABLE (6 /11/98) (Not Used) A -26 Supplemental Insurance Requirements A-Q-7 Responsibility for Damage Claims (Not Used) A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" •Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents (Not Used) A -36 Other Submittals (Revised 9/18/00) A 37 Amended "Arrangement and Charge for Water Furnished by the City (Not .Used) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities (Not Used) A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (1/5/00) A 46 D spesal of Highly Chlorinated Water -- f7 /5 /00) (Not Used) (Not Used) A -48 A -49 A -50 A 51 * Attachment 1 - Bond 2008 Project Sign Overhead Electrical Wires (7/5/00) Amend "Maintenance Guaranty" (8/24/00) Amended Prosecution and Progress Windctorm Ccrtifioation PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS DIVISION 2 - SITE WORK 021 SITE PREPARATION 021.020 Site Clearing and Stripping S5 021040 Site Grading 36 PART T -- TECHNICAL SPECIFICATIONS DIVISION 2 - SITE WORK 02205 Riprap Stone - 02623 Geotextile Filter Fabric for Drainage 02810 Irrigation Systems '02900 Landscaping 02950 Site Conditions & Restorations DIVISION 3 - CONCRETE 03400 Flowable Fill LIST OF DRAWINGS 1 T1 TITLE SHEET /VICINITY MAP AND SHEET INDEX 2 C1 ESTIMATED QUANTITIES, DRAWING LEGEND & GENERAL NOTES 3 C2 PROJECT SITE PLAN 4 C3 EXISTING SITE TOPOGRAPHY PLAN 5 C4 SHORELINE RESTORATION PLAN 6 C5 EXISTING SHORELINE SECTIONS 7 C6 SECTIONS -1 8 C7 SECTIONS - 2 9 C8 SECTIONS - 3 10 L1 LANDSCAPE PLAN 11 L2 IRRIGATION PLAN 12 L3 LANDSCAPE & IRRIGATION NOTES & DETAILS NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: COLE PARK SHORELINE RESTORATION, BOND 2008, PROJECT NO.E11027, consists of; The General Scope of this Project is limited to the shoreline areas of highest erosion immediately North (+1- 300') and.South (+/- 200') of the Cole Park Pier. The areas of restoration will include all area from behind the existing concrete bulkhead seawall back to the concrete hike and bike trail (Bay Trail) paralleling the shoreline. Within this area, the distance from the seawall to the Bay Trail varies from +/- 60' to +/- 55' of width. Restoration will involve the installation of cement stabilized sand as a compacted fill • material, combined with an area directly behind the Seawall which is capped with a Stone Rip -Rap material. Furthermore, a 10 foot wide area adjacent to the Hike and Bike trail on the Shoreline side will be a Landscaped green buffer zone area. will be received at the office of the City Secretary until 2:00 p.m. September 7, 2011, and then publicly opened•and read. Any bid r closing time will be returned unopened. A pre-bid meeting is scheduled for 10 :00 a.m., Wednesday, August 31, be conducted by the City. The location of the meeting will be the Engineering Services Main Conference Room, Third Floor, City Hall, Street, Corpus Christi, TX. on Wednesday, eceived after 2011•.and will Department of 1201 Leopard 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 norm- 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, TEAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando.Chapa City Secretary NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE /.AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4.. Underground Hazard .5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON - OWNED. OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000' EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance_ For each insurance coverage, thie.Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your.proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIRES Page 1 of 11 TITLE 28 PART 2 CHAPTER. 110 SUBCHAPTER B RULE §110114 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 Gove►enfal Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Teams not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction- -Has the meaning deed 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 careers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform. services on the project. Page2ofll "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall= (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) ofthis subsection; (2) as part of the contract, using the language required by paragraph (7) adds 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 perm providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the.following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d).A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project (3) provide the governmental entity, prior to the end ofthe 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 (13) 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 ofthe 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 (eX3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (tai) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of . . classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end ofthe _ 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 ofthe 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 ofthe coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they 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 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 5609 Page 7 of 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 -3789 to receive information on the legal requirement t for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certif icate')- A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement (MCC-81, TWCC- 82, TWCC -83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing; hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a.project. "Services" does not include activities unrelated to the project. such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project; for the duration of the project. C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D. if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage per. iocd file a new certificate of coverage with the governmental entity show ing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the projec4 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 afer receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal . delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially t ects 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 Sef Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breachfrom the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS COLE PARK SHORELINE RESTORATION BOND 2008 PROJECT NO. E11027 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of -the City Secretary, located on the first floor of City Hall, 1201. Leopard Street, until 2:00 p.m., Wednesday, September 7, 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 - COLE PARR SHORELINE RESTORATION BOND 2008 PROJECT NO. 2a1027 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 Wednesday, August 31, 2011 beginning -at • 10:00 a.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project. elements. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. • A -3 Description of Project The General. Scope of this .Project is limited to the shoreline areas of highest erosion immediately North ( +/- 300') and South (44- 200') of the Cole Park Pier. The areas of restoration will include all areas from behind the existing concrete bulkhead seawall back to the concrete hike and bike trail (Bay Trail) paralleling the shoreline. Within this area, the distance from the seawall t� the Bay Trail varies from a- / -•60' to +/ 85' of width. Restoration will involve the installation of cement stabilized sand as .a compacted fill material, combined with an area directly behind the Seawall which is capped with a Stone Rip -Rap material. Furthermore, a 10 foot wide area adjacent to the Hike and Bike trail on the Shoreline side will be a Landscaped green buffer zone area. Section. A - SP (Revised 12/15/04) Page 1 of 23 A -4 Method of Award .The bids will be evaluated based on the following: . Total Base Bid, or 2. Total Base Bid plus any or all of the Additive Alternates. 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. Bid award is subject to the availability of funding. 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 Cole Park Shoreline Restoration, Bond 2008, Project No. E11027 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be; Base Bid 90 calendar days 10 additional calendar days will be allowed for Additive Alternate No. 1 10 additional calendar days will be allowed for Additive Alternate No. 2 10. additional calendar days will be allowed for Additive Alternate No. 3 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. Days Allocation for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. MONTH DAYS MONTH ' DAYS January 3 Days July 3 Days February 3 Days August 4 Days March 2 Days September 7 Days April 3 Days October 4 Days May 4 Days November 3 Days June 4 Days . December 3 Days 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. Section A - SP (Revised 12/15/04) Page 2 of 23 period as extended pursuant to other provisions of this Contract, $400 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of, Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is .terminated or canceled :for any reason, and -replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered., by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract,. is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures'and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non - receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy Construction. In case of conflict,. Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The corpus Christi City Council has determined the .general prevailing minirmmi hourly wage rates for Nueces County, Texas as set out in Part C. The C tractor and any subcontractor Section'A - SP (Revised 12/15/04) Page 3 of 23 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 tf, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record Showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection, with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the. City Engineer.. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participatio Policy for additional requirements enncerni � the proper form and content of the payroll submittals.) Cne and one-half (13) times the specified hourly wage must be paid.for all hours worked in excess of 40 hours in any one week aad for all hours worked on Sundays or holidays. (See Section B -1-1, Definition of Terms, and Section- B -7 -6, 'Working }mss.) A -11 Cooperation with Public Armies (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 1 -800- 344 -8377, the Zone Star Notification C7omrpany at 1 -800- 669 -8344, and the Verison Dig Alert at 1 -800- 483- 6279. For the Contractor's convenience, the followingteIephone numbers are listed. City Engineer Project Architect JEC Architects, Inc. Jim Coffin, Architect Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A. E P SBC /AT&T City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCam (Fiber optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (NiAN) A -12 Maintenance of Services 826 -3500 904 -0804 826 -3547 886 -2600 826 -1881 826 -1800 885 -6900 826 -1875 826 -3461 857 -1940 1 -877- 373 -4858 881 -2511 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 -753 -4355 904-0925 (fax) (826 -1888 after hours) (826 - 1888 after hours) (885 -6900 after hours) (826 -1888 after hours) (1- 800 - 824- 4424,after hours) 826 -3547 (857 -5060 after hours) (Pager 800-724-3624) (Pager 888 -204 -1679) (Pager 850 - 2981) (Mc) 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 Section A - SP (Revised 12/15/04) Page 4 of 23 complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut., etc.), flow must be maintained. sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, 'all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or . relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public; The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the 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. All costa for traffic control will be paid for as shown in the bid proposal. A traffic control plan is included in the construction drawings. 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., Section A - SP (Revised 12/15/04) Page 5 of 23 A -1S Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean' dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any .other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. AlI necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor: A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and . other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office NOT USED The Contractor must teenish the City Engineer er his rcprenentative with a fxc1d office at thc construction site. The field office must contain at 1 ast - leant 30" x 60" and two (2) chairs. The Contractor shall move thc field office on the oitc an required by the City Engineer or his reprcacntative. ocparatc pay item for the field office. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based 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 for the entire project. Section A - SP (Revised 12/15/04) Page 6 of 23 4. Re- Submission: Revise and resubmit as required by the City Engineer. S. Monthly- Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: A. The schedule. of construction shall be structured to meet all requirements of Section A -6 Time of Completion /Liquidated Damages" and as noted above B. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of .constructing the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. C.. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in. the area and shall coordinate scheduling, traffic control, maintenance of services and street access with other contractors. D. Contractor shall coordinate and cooperate with the. City for construction scheduling and traffic control modifications for special events that will occur during the period of the Contract. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls . and two (2) bench marks required for project layout, will be provided by the Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be. established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason; it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to, revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the :Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and Section A - SP (Revised 12/15/04) Page 7 of 23 specifications. Said compliance certification. shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency /point of circumference • Curb and gutter flow line - both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. Wastewater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of Stormwater: • All rim /invert elevations • All intersecting lines in • Casing elevations (top of pipe and flow line) ( TXDOT and RR permits). at manholes; manholes; pipe and flow line) (TXDOT and RR. permits). A -20 Testing and Certification . All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the. Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs The Contractor must install 1 Project sign furnished by the City as indicated in "Attachment 1 - Bond 2008 Project Sign." The sign must be installed before . construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 1O/98) 1. Policy at 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 Section A - SP ( Revised 12/15/04) Page 8 of 23 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. Minority Business Enterprise: A business enterprise that is owned and - controlled by one or more minority person.(s). Minority persons include Blacks, Mexican- Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities.. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the. partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to Manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority. partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive .51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement,. and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. Section A - SP (Revised 12/1S/04) Page.9 of 23 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 .wbose .assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or.any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by- the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3,. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation. Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer,of minority.employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited.. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by. the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The- Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may . withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is Section A - SP (Revised 12/15/04) Page 10 of 23 completed and ready for occupancy. Contractor must obtain the Certificate' of Occupancy, when applicable. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay. all fees and charges levied by the City's Building. Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. 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 (104) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus, For purposes of this section, the amount of allowed capital and surplus will be. verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond. must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NOT USED) Ccctien B C 22, Tax -Exemption Provision, is deleted in its entirety and the following oubotituted in lieu thereof. Contracts for improvcmcnto to r al property awarded by the City of Corpus Christi do not, qualify for exemptions of Sales, Excise, and Uoc Taxco unlcoo thc Contractor elects to operate under a separated contract as dcfincd.by Section 3.291 of Chapter 3, Tax Administration of Title 3.1, Public Pinanac of the Texas Administrative Code, or ouch other rules or regulations an may be If thc Contractor elects to operate under a separated contract, he shall: 2. Identify in the appropriate space on thc "Statement of.Material❑ and Other Charges" in the proposal form the coot of matcrialo physically Section A - SP (Revised 12/15/04) Page 11 of 23 p epo al vaIiac of matcriale . If the Contractor doco not elect to operate under a ocparatcd contract, he aloo eomplico with the above rcquircmee.tc. The Contractor must ioouc a resale ccrtific -tc to the oubcontractor and the subcontractor, in turn, A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: F.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the. Project described in the Contract. For each insurance coverage provided in accordance with section B-6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating- that the City is .an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold .it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage section A - SP (Revised 12 /15/04) Page 12 of 23 r -� 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. 1 A -27 Responsibility for Damage Claims (Nat Used) is amended to include: Contractor must provide Buildcr' a Rick insurance coverage for the term of the Contract up to and including the date the City finally accepts Contractor must pay. all costa ncccry to p*ecurc such Builder's Rick additional insured on any policies providing each insurance coverage. A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder. is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against. bidder for either failure to pay for .services or materials supplied against any of its projects begun, within the preceding two {2} years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there. are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner; president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include.the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. Section A - SP (Revised 12/15/04) Page 13 of 23 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 -1.3. 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 Section A - SP (Revised 12/15/04), Page 14 of 23. 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 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 ao required by special rrovioion A 35 K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name (s) and Title (s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Exbra 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 arty 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 apy kind, including for breach of contract, against the City,' nor is the City obligated to perform under the Contract, until . the date the City Engineer delivers the signed Contracts to 'the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. Section A - SP {Revised 12/15/04) . Page 15 of 23 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'specificat3.ons, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements ( NOT USED ) A. rrior to performing work at any City water facility, thc Contractor, his subcontractors, and oach of their employees must have on their person a valid card certifying their prior attendance at a Visitor /Contractor Safety Orientation Program conducted by the Orientation rrogram will be offered by authorizcd City Water Department personnel for thobc persons who do not have such a card, and who desire to perform any work within any City water facility. For additional information refer to Attachment 1. The Contractor ohall not start, operate, or atop any pump, motor, valve, equipment, °witch, breaker, control, or any other item related to City water facility at any time. All such items muot be operated by an operator or other authorized maintenance employee of C. Protection of Water Quality all timco. The Contractor shall protect thc quality of the water Department to protect the quality of thc water. All materials and equipment used in thc repair, reassembly, other items, which could come into contact with potable water, trust conform to American National Standards Institute /National Standard Specifications. thread comnpoundo, coatings, or hydraulic equipment. Thcoc items must net be used unl.caa they conform with ANSI/NSF Standard 61 and unions ouch- itcrmo arc inopectcd on the cite by authorised City 1 Section A SP (Revised 12/15/04) Page 16 of 23 Thc - antractor oha11 provide thc Engineer with copier of written proof of ANSI /NCF Standard 61 approval for all materialo which could come into contact with potable watcr. All trash gcncratcd by thc Contractor or hio cmploycco, agcnto, or daily. CONTRACTOR'S ON SITS TREPANATION rlant tcicphonce arc not available for Contractor use, a x:00 r.M., Monday thru Friday. I. Contractor must not ucc any City facility rcatrooms. Contractor must provide own sanitary facilities. J. All Contractor vchicico must bc parked at designated site, ac must bc clearly labeled with company namc. No pivate employee contractor cmploycco must not leave thc dcaignatcd cozot ruction ar a nor wandcr through any buildings other than for required work or ao directed by City Watcr Department personnel during cmcrgcncy evacuation. K. Contractor Qualifi ations CCAD (CUPERVISORY CONTROL AND DATA.. ACQUISITION) Any work to the computer baocd monitoring and control oyotcm muct bc performcd only by qualified tcchni al and aupervioory perconncl, ao determined by meeting thc qualification° 1 thru 9 below. Thin work includeo, but .ia not limited to, modifications, additions, changer, oelectionr, furnishing, installing, connecting, programming, customizing, debugging, calibrating, or placing in The Contractor or his subcontractor proposing to perform thc SCADA work must bc ablc to demonstrate thc following: 1. He io rcgularly engaged in thc computer based monitoring and control ayotcm bucincoo, prcfcrably as applied to the municipal water and waotcwatcr industry. 2. He hao performed work on ayotcros of comparablc size, typc, and complexity as rcquircd in thie Contract on at lea.t three -prior projects. Section A - SP (Revised 12/15/04) Page 17 of 23 3. He has been actively engaged in thc type of work specified herein for at 1 sot 5 years. 4 perform thc work required by thin opccificationo. compacted a manufacturer's training course in configuring ccrvicc facility within 100 miles of the Project site to Maintain, repair, calibrate, and program tho- .ayotema specified herein. 7. He ohall furnish equipment which its the product of one manufacturer to the maximum practical extent. Where thin io product.of one manufacturer. S. Prior performance at thc 0. N. Stcvcns Water Treatment subcontractor programa thc new work for this rrojcct. 9. The Contractor ohall produce all filled out programming blocks required to chow the progEarnming ao needed and required, to add these two nyctcma to the.cxioting City £CADA system. Attached is an example of the required programming baocko which thc City rcquirca to be filled in he City Engineer with. all changes-- made du'_= g the programming phaoc. The attached sheet is an example—and io not intended to chow all of the required shceta. The Contractor will 'provide all programming blocks used. L. Trenching Rcquiremonts All trenching for this project at the 0. N. Stevens Water Treatment Plant shall be performed using a backhoe or hand digging due to tho number of .existing underground obatructiono. No trenching machines chall be allowed on the project. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals.: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all submittals. 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, Section A - SP (Revised 12/15/04) Page 18 of 23 verification of Products required, • field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information• unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. Resubtnittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shela test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related material will not be approved for use on the project. .A -37 Amended "Arrangement and Charge for Water FuxLished by the City* (Rot Deed) Under "General Provitions and Rcquircments for Municipal Constriction Contracto ", R "The Contractor must comply with the City of Corpuo Christi' o Water Conse anon and Drought Contingency Plan as amended (the -"L'ian "). This includes implementing water conocrvation measures established for changing the Project site throughout construction." A -38 Worker's. Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special provision.. Section A - SP (Revised 12/15/04) Page 19 of 23 • A -39 Certificate of Occupancy and Final Acceptance (Not Used) The iasuancc of a ccrtificatc of occupancy for improvcmcnts does not A-40 Amendment to Section 8 -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 wily 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 Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day. and the Contractor will be eompcnsa.tcd at the unit price indicatcd in the proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A:43 Amended Indemnification & Hold Harmless. Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, . and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, 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, material man, 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 material man. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This Section A - SP (Revised 12/15/04) Page 20 of 23 breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As- Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) NOT USED The Contractor shall be rcoponaiblc for thc disposal of water used for testing, disinfection and lint flushing in an approved manner. Contomlnants . in the water, particularly high levels of chlorine, will bc . used for all water used in thc project_ The methods of disposal shall bc submitted to thc City for approval. There shall bc no separate pay for disposal of highly chlorinated water. Contractor shall not uoc the City's sanitary serer system A -47 Pre - Construction Exploratory Excavations (7/5/00) NOT USED Prier to any construction whatever en thc project, Contractor shall ems-ovate and expose all existing pipelines of the prejcct that cross within 20 fcct of vertical and horizontal location of ach crossing and potentially conflicting pipeline. For cxisting pipclincs which parallel and are within ten foot (10') of proposed pipclincs of thc project, Contractor shall excavate and expose said exiting pipclincc.at a maximnm of 300 feet O.C. and Contractor shall survey 300 feet maximum O. approximate statien thereof, distance te- the elevations of the top of cxioting pipelincs�. Contractor °hall perferm ne sonetruction work on the p*e`jcct until all exploratory excavations hat bccn- made in. -their o tirety, the reeulto thereof- pavement centerline and Section A - SP (Revised 12/1S/04) Page 21 of 23 A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. 'Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP &L and inform CP &L of his construction schedule with regard to said overhead lines. Some overhead. lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", H -8 -11 Maintenance Guaranty, add the following: "The Contractors guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish .any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request . payment for demobilization /remobilization costs, Such costs shall be addressed through a change order to the contract." A -51 Windstorm Design and Certification (NOT USED) materials and systems to meet er eta these 'requirements for Coactal itegio*o. The City's Consultant Engineers will pr • construction to document Windste - Dcaign Construction and submit all f -ermo 1 Section A - SP (Revised 12/15/04) Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT: Cole Park Shoreline Restoration PROJECT No. E11027 OWNER: CITY OF CORPUS CHRISTI ARCHITECT: JEC ARCHITECTS, INC. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Contractor shall provide submittals on all materials utilized within this project. Refer to all specification sections for specific detail requirements. Section A - SP (Revised 12/15/04) Page 23 of 23 4� AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 25TH day of OCTOBER, 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 SafeNet Services, LLC termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $385,284.56 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: COLE PARK SHORELINE RESTORATION (BOND 2008) PROJECT NO. E11027 (TOTAL BASE BID + ADD.ALTS.1,2, & 3: $385,284.56) 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 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 120 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 ATTEST: City Secretary APPROVED AS TO LEGAL FORM: t � VA/ By: ..c4-3 Asst. City Attorn ATTEST: (If Corporation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CARPUS CHRr•TI By: �G Juan Perales, Jr., E. Assistant City Ma ager Public Works, Utilities, and Transportation By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR SafeNet Services, LLC --1-3-7-1----PAL Title: 1321 Glenoak Drive (Address) Corpus Christi, TX 78418 (City) (State)(ZIP) 3611937 -9300 * 361/937-8853 (Phone) (Fax) Th2c11-74 +► ,...,�.,......... U 1 hu deep. I I6CIIL...�.n.I °1?.S �( Page 3 of 3 Rev. Jun -2010 P R O P O S A L F O R M F O R COLE PARK SHORELINE RESTORATION (BOND 2008) PROJECT NO. E11027 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Page 1 of 19 PROPOSAL Proposal of SafeNet Services, LLC OR Place: Corpus Christi, Texas Date: September 7, 2011 a Corporation organized and existing under the laws of the State of Texas 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: COLE PARK SHORELINE RESTORATION (BOND 2008) PROJECT NO. E11027 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices,, to -wit: Page 2 of 19 COLE PARK SHORELINE RESTORATION (BOND 2008) PROJECT NO. E11027 BASE BID PART A: CIVIL SITEWORK IMPROVEMENTS r .; I II III IV V BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIG[iR138 BID ITEM }SXrENSION (QTY X UNIT PRICE IN FIGURES) A -1 1,836 CY Cement Stabilized Compacted Sand, (10% cement by weight), complete in place, per cubic yard $ I PiE •-L $ 1 A -2 860 CY Limestone nominal 12' -1B" diameter Rip -Rap Stones, 36" deep along shoreline, complete in place, per cubic yard $ (it), 0/ $ i A -3 1004 SY Non -Woven Geotextile Needle Punch Fabric, complete in place, per square yard $ $ A -4 60 CY E'lowable Pill (grout)along shoreline at /below sidewalks, complete in place, per cubic $ $ yard A -5 1 LS Re- distribution of existing concrete Rip -Rap along shoreline, complete in place, per Lump Sum $ $ TOTAL BASE BID PART A (ITEMS A -1 TO A-5) $ Page 1 of 19 BASE BID PART B: LANDSCAPING I -BID II III ir ITEM QTY & UNIT UNIT PRICE DESCRIPTION IN FIGURES BID ITEM E$TSNSION (QTY X UNIT ?RICE IN FIGURES) B -1 Gulf Murly Grass, 1 Gallon, complete in place, per Each $ $ B -2 Blue Dune Grass,2 Gallon, complete in place, per Each $ B -3 5 EA Yucca, 2 %' - 3' Height, container complete in place, per Each $ $ B -4 26 EA Scavolia, 2 Gallon, complete in place, per Each $ $ B -5 2750 SP Erosion straw blanket, complete in place, per Square $ $ Foot B -6 i 1 LS Berm shaping & grading complete in place, per Lump $ $ Sum 13-, Cl , Planting mix w/ `Agriform' tablets, complete in place, per Cubic Yard $ $ 14-8 360 LP Supply & install 1" x 6 "edging for all planting beds, complete in place, per Linear Foot $ $ B -9 24 EA Install limestone boulders in a `Outcropping Position' supplied by the general contractor, complete in place, per Each. $ $ B -10 11 CY Top -dress planting beds w /5 " of native mulch, complete in place, per Cubic Yard $ $ Page 4 of 19 B -11 99 CX Supply & install 6" of top soil for grass areas & berm for planting beds, complete in place, per Cubic Yard $ $ B -12 905 SF Landscape fabric (white), complete in place, per Square Foot B-13 2750 SF Hydromulching coastal grasses, complete in place, per Square $ $ Foot $ Each TOTAL BASE BID PART B (ITEMS B -1 TO B -13) $ BASE BID PART C: IRRIGATION SYSTEMS C-1 55 EA Hunter Pro spray head, 12" pop -up w /MP rotor nozzles on swing joints, complete in place, as per Each $ $ 1 EA Electric valve 1 1 2" w /decoder, laterals, fittings bends & wire, complete in place, , per Each $ 18 LF PVC mainline 2",w /bends & fittings, complete in place, per Linear Pooh $ 1 EA Quick coupler 1" valve w /key (1), complete in place, Per $ Each C -5 45 LF 3" bored PVC sch. 40 sleeve, complete in place, per Linear Foot $ $ C -6 1 LS Point of connection, tap, fittings & connection complete in place, per Lump $ $ Sum TOTAL BASE BID PART C (ITEMS C -1 TO C -6) $ Page.5 of 19 ADDITIVE ALTERNATE #1 PART D: CIVIL SITEWORX IMPROVEMENTS 1 II III IV V BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM $gTENSION (QTY X UNIT PRICE IN FIGURES) D -1 421 CY Cement Stabilized Compacted Sand, (10% cement by weight), complete in place, per cubic yard $ $ D -2 203 CY Limestone nominal 12'-18" diameter Rip -Rap Stones, 36" deep along shoreline, complete in place, per cubic yard $ $ D -3 249 SY Non -Woven Geotextile Needle Punch Fabric, complete in place, per square yard $ $ D -4 1 LS Re- distribution of existing concrete Rip -Rap along shoreline, complete in place, per Lump Sum $ $ TOTAL ADDITIVE ALTERNATE #1 PART D (ITEMS D -1 TO D -4) $ Page 6 of 19 ADDITIVE ALTERNATE #1 PART E: LANDSCAPING I II Iii IV 1? 1 BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES DID ITEM EximisIo N (QTY X SIT PRICE IN PIG'LIRSS) E -1 5 EA Gulf Murly Grass, 1 Gallon, complete in place, per Each $ $ E -2 10 EA Blue Dune Grass,2 Gallon, complete in place, per Each $ $ E -3 1 EA Yucca, 2 M' - 3' Height, container complete in place, per Each $ $ l E -4 3 EA Scavolia, 2 Gallon, complete in place, per Each $ $ E -5 680 SF Erosion straw blanket, complete in place, per Square $ $ Foot E -6 1 LS Berm shaping & grading complete in place, per Lump , $ $ Sum E -7 2 CY Planting mix w/ 'Agriform` tablets, complete in place, per Cubic Yard $ $ E -8 50 LF Supply & install 1" x 6 "edging for all planting beds, complete in place, per Linear $ $ Foot E -9 8 EA Install limestone boulders in a 'Outcropping Position' supplied by the general contractor, complete in place, per Each $ $ E -10 3 CY Top -dress planting beds w /5" of native mulch, complete in place, per Cubic Yard $ $ Page 7 of 19 E -11 21 CY Supply & install 6" of top soil for grass areas & berm for planting beds, complete in place, per Cubic Yard $ $ E -12 165 SF Landscape fabric {white), complete in place, per Square Foot Electric valve 1 1/2" w /decoder, laterals, fittings bends & wire, complete in place, , per Each $ $ E -13 680 SF Hydromulching coastal grasses, complete in place, per Square $ $ Foot $ TOTAL ADDITIVE ALTERNATE #1 PART E (ITEMS E -1 TO E -13) $ ADDITIVE ALTERNATE #1 PART F: IRRIGATION SYSTEMS F -1 13 EA Hunter Pro spray head, 12" pop -up w /MP rotor nozzles on swing joints, complete in place, as per Lump Sum $ $ F -2 1 EA Electric valve 1 1/2" w /decoder, laterals, fittings bends & wire, complete in place, , per Each $ $ 1 F -3 le LF PVC mainline 2 ",w /bends & fittings, complete in place, per Linear Foot $ $ F -4 1 EP, Quick coupler 1" valve w /key (1), complete in place, Per Each $ $ F-5 15 LF 3" bored PVC sob. 40 sleeve, complete in place, per Linear $ $ Foot F -6 1 LS Point of connection, tap, fittings & connection complete in place, per Lump Sum $ $ TOTAL ADDITIVE ALTERNATE #1 PART F (ITEMS F -1 TO F -6 ) $ Page 8 of 19 ADDITIVE ALTERNATE #2 PART G; CIVIL SITEWORK IMPROVEMENTS I II III Iv V SID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) G -1 253 CY Cement Stabilized compacted Sand, (19% cement by weight), complete in place, per cubic $ I $ yard G -2 129 CY Limestone nominal 12' -18" diameter Rip -Rap Stones, 36" deep along shoreline, complete in place, per cubic yard $ $ G -3 160 SY Non -Woven Geotextile Needle Punch Fabric, complete in place, per square yard $ $ G -4 1 LS Re- distribution of existing concrete Rip -Rap along shoreline, complete in place, per Lump Sum $ $ TOTAL ADDITIVE ALTERNATE #2 PART G (ITEMS G -1 TO G -4) $ Page 9 of 19 ADDITIVE ALTERNATE #2 PART H: LANDSCAPING Y II III IV V STD ITEM 4 & UNIT DESCRIPTION IINIT PRICE IN FIGURES BID ITEM EETENSION (QTY X UNIT PRICE IN lll3LiR$S) H -1 5 EA Gulf Murly Grass, 1 Gallon, complete in place, per Each $ $ H -2 15 EA Blue Dune Grass,2 Gallon, complete in place, per Each $ $ H -3 1 EA Yucca, 2 4' - 3' Height, container complete in place, per Each $ $ H -4 5 EA Scavolia, 2 Gallon, complete in place, per Each $ $ 11 -5 380 SF Erosion straw blanket, complete in place, per Square $ $ _ Foot H -6 1 LS Berm shaping & grading complete in place, per Lump $ $ Sum H-7 3 CY Planting mix w/ 'Agriform' tablets, complete in place, per Cubic Yard $ $ H -8 63 LP Supply & install 1" x.6 "edging for all planting beds, complete in place, per Linear $ $ Foot H -9 7 EA Install limestone boulders in a 'Outcropping Position' supplied by the general contractor, complete in place, per Each $ $ 11 -10 A CY Top -dress planting beds w /5" of native mulch, complete in place, per Cubic Yard $ $ 1 Page 10 of 19 H--11 16 CY Supply & install S" of to soil for grass areas & berm for planting beds, complete in place, per Cubic Yard $ $ H -12 200 SF Landscape fabric (white), complete in place, per Square Foot H -13 360 SF Hydromulching coastal grasses, complete in place, per Square $ $ Foot TOTAL ADDITIVE ALTERNATE #2 PART H (ITEMS H -1 TO H-13) $ ADDITIVE ALTERNATE #2 PART 1: IRRIGATION SYSTEMS 1 -1 9 EA Hunter Pro spray head, 12" pop -up w /MP rotor nozzles on swing joints, with laterals, bends & fittings, complete in place, as per Each $ $ TOTAL ADDITIVE ALTERNATE #2 PART I (ITEMS I -1) $ Page 11 of 19 ADDITIVE ALTERNATE #3 PART a: CIVIL SITEWORK IMPROVEMENTS r II III IV V BID ITEM QTY & OMIT DESCRIPTION UNIT PRICE . IN FIGURES ETD ITEM EXTENSION (Q X UNXT PRICE XN FIGURES) J -1 229 CY Cement Stabilized Compacted Sand, (10% cement by weight), complete in place, per cubic $ $ yard J-2 129 CY Limestone nominal 12' -18" diameter Rip -Rap Stones, 36° deep along shoreline, complete in place, per cubic yard $ $ J -3 170 SY Non -Woven Geotextile Needle Punch Fabric, complete in place, per square yard $ $ J -4 1 LS Re- distribution of existing concrete Rip -Rap along shoreline, complete in place, per lump Sum $ $ TOTAL ADDITIVE ALTERNATE #3 PART J (ITEMS J -1 TO J -4) $ Page 12 of 19 ADDITIVE ALTERNATE #3 PART K: LANDSCAPING I II 1II BID ITEM QTY UNIT DESCRIPTION UNIT PRICE IN FIGURES v BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) 5 Gulf Murly Grass, 1 Gallon, EA complete in place, per Each K -1 K -2 15 Blue Dune Grass,2 Gallon, EA complete in place, per Each K -3 1 EA Yucca, 2 ' ' - 3' Height, container complete in place, per Each K -& 5 Scavolia, 2 Gallon, complete EA in place, per Each R -5 360 Erosion straw blanket, SF complete in place, per Square Foot K -6 1 LS Berm shaping & grading complete in place, per Lump Sum K -7 3 CY Planting mix w/ 'Agriform' tablets, complete in place, per Cubic Yard K- 8 63 LF Supply & install 1" x 6 "edging for all planting beds, complete in place, per Linear Foot K -9 K. -10 7 EA 4 CY Install limestone boulders in a `Outcropping Position' supplied by the general contractor, complete in place, per Each Top -dress planting beds w /5" of native mulch, complete in place, per Cubic Yard Page 13 of 19 K -11 15 CY Supply & install 6" of top soil for grass areas & berm for planting beds, complete in place, per Cubic Yard $ $ $ K--12 200 SE Landscape fabric (white), complete in place, per Square Foot K -1360 SF Hydromulching coastal grasses, complete in place, per Square $ $ Foot mm TOTAL ADDITIVE ALTERNATE #3 PART R (ITEMS R -1 TO K -13) $ ADDITIVE ALTERNATE #3 PART L: IRRIGATION SYSTEMS L -1 e EA Hunter pop -up swing bends place, Pro spray head, 12" w /MP rotor nozzles on joints, with laterals, & fittings, complete in as per Bach $ $ TOTAL ADDITIVE ALTERNATE #3 PART L (ITEMS L -1) Page 14 of 19 Cole Park Shoreline Restoration BASE BID Part A: Civil Sitework Improvements Item Qty & Unit _ Description Unit Price Extended Price_ $124,535.88 A -1 1836 CY Cement Stabilized Compacted Sand (Complete and in place per CY) $6T83 A -2 860 CY Limestone Nominal 12 "x18" Rip - Rap Stones, 36" deep along shoreline, complete and in place per CY $99.01 $85,146.88 A -3 1004 SY Non -Woven GeoTextile Needle Punch Fabric, Complete in place per SY $7.38 $7,407.51 A -4 60 CY Plowable Fill (grout) along shoreline at/below sidewalks, complete in place per CY $104.72 $6,283.20 A -5 1 LS Re- Distribution of existing concrete Rip -Rap along shoreline $5,712.00 $5,712.00 Part B: Landscaping B -1 B -2 B -3 B -4 B -5 B -6 B -7 B -8 B -9 B -10 B -11 B -12 B -13 36 55 5 26 2750 1 10 360 24 11 99 905 2750 Part C: Irrigation C -1 C-2 C -3 55 1 18 ea ea ea ea SF LS CY If ea CY CY SF SF EA ea LF Total Base Bid Part A Gulf Murly Grass -1 gal Blue Dune Grass 2 gal Yucca Scavolia Erosion Straw Blanket Berm Shaping /Grading Planting Mix W/agriform 1"X6" edging Limestone boulders Top Dress- Native Mulch Top Soil for grass & Berm Landscape Fabric Hydromulch- Coastal Total Base Bid B Hunter Pro Spray Heads Electric Valve - 1 1/2" wl decoder PVC Mainline- 2" $8.88 $28.04 $173.34 $29.51 $0.27 $259.10 $44.71 $5.46 $155.85 $48.79 $29.37 $0.26 $0.19 $39.79 $1,503.36 $2.95 $229,085.47 $319.59 $1,542.00 $866.68 $767.31 $752.68 $259.10 $447.08 $1,966.36 $3,740.50 $536.69 $2,907.55 $236.93 $523.60 $14,866.06 $2,188.65 $1,503.36 $53.12 C -4 11111.111111' Quick Coupler- 1" valve • $200.84 $240.84 $1,867.29 $186.46 ISIEN C -6 45 3" Bored PVC Sleeve $28,556.43 $41.50 MIIIIIE® Point of Connection • $186.46 Total Base Bid C Total Base Bid Add Alternate #1 $5,999.72 $249,951.25 Part ID: Civil D -1 421 CY Cement Stabilized Compacted Sand (Complete and in place per CY) $6T83 $28,556.43 D -2 203 CY Limestone Nominal 12 "x18" Rip - Rap Stones, 36" deep along shoreline, complete and in place per CY $99.01 $20,098.62 D -3 249 SY Non -Woven GeoTextile Needle Punch Fabric, Complete in place per SY $7.38 $1,837.12 D -4 1 LS Re- Distribution of existing concrete Rip -Rap along shoreline $1,428.00 $1,428.00 Total Part D $51,920.18 Part E: Landscaping E -1 5 ea Gulf Murly Grass -1 gal $9.91 $49.56 E -2 10 ea Blue Dune Grass 2 gal $31.30 $312.97 E -3 1 ea Yucca $199.47 $199.47 E -4 3 ea Scavolia $32.94 $98.82 E -5 680 SF Erosion Straw Blanket $2.77 $1,885.44 E -6 1 LS Berm Shaping /Grading $289.27 $289.27 E -7 2 CY Planting Mix W /agrifarm $49.91 $99.82 E -8 50 LF 1"X6" edging $6.96 $348.08 E -9 8 ea Limestone boulders $166.60 $1,332.80 E -10 3 CY Top Dress - Native Mulch $54.47 $163.40 E -11 21 CY Top Soil for grass & Berm $38.00 $797.93 E -12 165 SF Landscape Fabric $2.98 $490.88 E -13 680 SF Hydromulch - Coastal $0.20 $13T56 Total Part E $6,205.98 P art F: Irrigation~ EA Hunter Pro Spray Heads CY F -1 13 $67.83 $41.58 $540.52 F -2 1 ea Electric Valve - 1 112" wl decoder $99.01 $590.14 $590 14 -3 18 LF PVC Mainline- 2" $7.38 $2.44 $43.91 _F F -4 1 15 ea LF Quick Coupler- 1" valve 3" Bored PVC Sleeve $952.00 $218.94 $45.24 $21$218.9494_ $678.66 F -5 F -6 1 LS Point of Connection $1,406.34 $203.26 $203.26 Total Part F Total Add Alternate #1 Alternate #2 $2,275.43 $60,401.59 Part G: Civil G -1 253 CY Cement Stabilized Compacted Sand (Complete and in place per CY) $67.83 $17,160.99 G -2 129 CY Limestone Nominal 12 "x18" Rip - Rap Stones, 36" deep along shoreline, complete and in place per CY $99.01 $12,772.03 G -3 160 SY Non -Woven GeoTextile Needle Punch Fabric, Complete in place per SY $7.38 $1,180.48 G -4 1 LS Re- Distribution of existing concrete Rip -Rap along shoreline $952.00 $952.00 Total Part G $32,065.50 rPart H: Landscaping H -1 5 ea Gulf Murly Grass -1 gal $10.65 $53.25 H -2 15 ea Blue Dune Grass 2 gal $3.46 $51.94 H -3 1 ea Yucca $200.94 $200.94 H -4 5 ea Scavolia $34.21_ $171.06 H -5 380 SF Erosion Straw Blanket $3.70 $1,406.34 H -6 1 LS Berm Shaping /Grading $300.38 $300.38 H -7 3 CY Planting Mix W /agriform $51.82 $155.47 H -8 63 LF 1 "X6" edging $7.24 $455.82 H -9 7 ea Limestone boulders $166.60 $1,166.20 H -10 4 CY Top Dress - Native Mulch $56.56 $226.24 H -11 16 CY Top Soil for grass & Berm $39.46 $631.37 H -12 200 SF Landscape Fabric $3.08 $616.42 H -13 380 SF Hydromulch- Coastal $0.21 $81.40 Total Part H $5,516.84 art I: Irrigation 9 ea Hunter Pro Spray Heads Total Part H Total Add Alternate #2 Add Alternate #3 $878.22 $878.22 $38,460.56 Part J: Civil CY Cement Stabilized Compacted Sand (Complete and in place per CY) ea $67.83 $15,533.07 J -1 229 J -2 129 CY Limestone Nominal 12 "x18" Rip - Rap Stones, 36" deep along shoreline, complete and in place per CY $99.01 $1 2,772.03 J -3 170 SY Non -Woven GeoTextile Needle Punch Fabric, Complete in place per SY $7.38 $1,254.26 J -4 1 LS Re- Distribution of existing concrete Rip -Rap along shoreline $952.00 $952.00 Total Part G $30,511.36 Part K: Landscaping .K -1 5 ea Gulf Murly Grass -1 gal $10.48 $52.42 K -2 15 ea Blue Dune Grass 2 gal $33.11 $496.59 K -3 1 ea Yucca $204.69 $204.69 K -4 5 ea Scavolia $34.84 $174.22 K -5 360 SF Erosion Straw Blanket $2.94 $1,058.15 K -6 1 LS Berm Shaping /Grading $305.96 $305.96 K -7 3 CY Planting Mix W /agriform $14.67 $44.02 K -8 63 LF 1"X6" edging $7.37 $464.06 K -9 7 ea Limestone boulders $166.60 $1,166.20 K -10 4 CY Top Dress- Native Mulch $57.61 $230.43 K -11 15 CY Top Soil for grass & Berm $14.67 $220.09 K -12 200 SF Landscape Fabric $3.14 $628.32 K -13 360 SF Hydromulch - Coastal $0.21 $77.11 Total Part H $5,122.26 Part L: Irrigation L -1 1 8]ea Hunter Pro Spray Heads 4 , $106.401 $851.18, Total Part L $851.18 Total Add Alternate #3 $36,484.81 BID SUMMARY TOTAL - BASE BID: PART DESCRIPTION TOTALS TOTALS Total Bid Part A Items Al through A5 ! Total Bid Part B It B1 through B13 $ ) .�,. �1� i Total Bid Part C Items Cl through C5 $ 4q9. '7,2.,.. TOTAL BASE BID (Parts A, D and C): TOTAL - ADDITIVE ALTERNATE #I: PART DESCRIPTION TOTALS Total Bid Part D Items D1 through D4 $ ! Total Bid Part E Items El through E13 $_ 6, 98a Total Bid Part F Items P1 through P6 $ 6. . TOTAL ADDITIVE ALTERNATE #1 (Parts D, E and F): Page 15 of 19 TOTAL - ADDITIVE ALTERNATE #2: PART DESCRIPTION TOTISLB Total Sid Part G Items 01 through [34 $ r. Total Bid Part H Items E. through H13 $4 7 Total Bid Part I Items I1 $ _, Total Bid Part R TOTAL ADDITIVE ALTERNATE #2 (Parts G, H and 1); TOTAL - ADDITIVE ALTERNATE #3: sg14-(pC 5-ex PART DESCRIPTION TO'TALS Total Bid Part ,T Items J1 through J4 $ s� �"' j Total Bid Part R Items K1 through x13 $ i l- Total Bid Part L Items Ll $ I TOTAL ADDITIVE ALTERNATE #3 (Parts J, K and L): Page 24 of 19 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5 % of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets_ Time of Completion: The working time for completion of the project will be as follows: (from the date designated by a Work Order) Base Bid 90 calendar days 10 additional calendar days will be allowed for Additive Alternate No. 1 10 additional calendar days will be allowed for Additive Alternate No. 2 10 additional calendar days will be allowed for Additive Alternate No. 3 The undersi rovideall necessary tools and a materia s and coo eve thin re this •ro•osa , in strict accor•ance w t the contract documents and t e requirements pertaining thereto, for the sum or sums above set forth. ed further declares that he will do a the wor and urnis a 16 aratus, • uired to carr out t e above mentioned work covere b Receipt of the following addenda is acknowledged (addenda number): (SEAL - IF BIDDER IS a Corporation) Respectfully sub it. Name:... l By: David Alexander (SIGNATURE) Address: 1321 Glenoak Drive (P.O. Box) (Street) Corpus Christi, Texas 7B418 (City) (State) (Zip) Telephone: (361) 937 -9300 NOTE: Do not detach bid from other papers. pill in with ink and submit complete with attached papers. Page 17 of 19 STATE OF TEXAS PERFORMANCE BOND § BOND No. 60078086 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That SafeNet Services. LLC of the City of Corpus. Christi , County of Nuces , and State of Texas , as principal ( "Principal "), and The,Guarantee Company of North America USA , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER"), in the penal sum of THREE HUNDRED EIGHTY -FIVE THOUSAND, TWO HUNDRED EIGHTY -FOUR AND 56/100 U.S. Dollars ($ 385284.56 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 26TH of OCTOBER, 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: COLE PARK SHORELINE RESTORATION (BOND 2008) PROJECT NO. E11027 (TOTAL BASE BID + ADD.ALTS.1,2, & 3: $385,284.56) 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 3rd day of November: , 20- 11 . PRINCIPAL SafeNet Service, TALC. - Title: (0 (Ai ia,r ATTEST: 1 Secretary Address: 1321 Glenoak Drive Corpus Christi, TX 78418 (Rev. Date May 2011) SURETY The Guarantee Company of • North America USA By: n./" .,.0 - T Attorney -in -fact - A.M. DiGeronimo: i Address: 1534 Dunwoody Village Pkwy. Suite 220 Atlanta, GA 30338 Telephone: 770 - 394 -9444 Fax: 770-394-6888 E -Mail: tonv@nationalsurety.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: Randal M. Lee, Managing Member Agency: •Swantner & Gordon Insurance Agency, LLC. Address: 500 1Q. Shoreline Blvd. , #1200 (Physical Street Address) Corpus Christi, TX 78471 (City) (State) . (Zip).. Telephone: 361 -883 -1711 E -Mail: rmlee @s- gins.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 i 1 1 1 1 1 1 1 1 1 1 1 1 L PAYMENT BOND STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. 60078086 That SafeNet. Services, LLC of the City of Corpus Christi County of Nueces, and State of Texas , as principal ( "Principal "), and The Guarantee Company of North America USA a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of THREE HUNDRED EIGHTY -FIVE THOUSAND, TWO HUNDRED EIGHTY -FOUR AND 561100- U.S. Dollars ($ 385,284.56 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 25TH day of OCTOBER, 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: COLE PARK SHORELINE RESTORATION (BOND 2008) PROJECT NO. E11027 (TOTAL BASE BID + ADD.ALTS.1,2, &.3: $385,284.56) 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, letc., 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 1 1 1 Pt. 1 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal `action be filed on this bond, venue shall', lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which . shall be deemed an original; this the 3rd - day of November , 2011. • PRINCIPAL SafeNet Servy -es, LLC. BY: Title: Address: 1321 Glenoak Drive SURETY The Guarantee Company of North:" America USA By: 1/3.7y1. r� w Attorney -in -fact - A.M. DiGeroniino Address: 1534 Dunwoody Village Pkwy. Corpus Christi, TX 78418 Suite 220 Rev. Date May 2011 Atlanta. GA 30338 Telephone: 770- 394 -9444 Fax: 770-394-6888 E -Mail: tony @nationalsurety. corn Payment Bond Page 2 of 3 a 1 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: - Name: Randal M. Lee, Managing Member Agency: Swaxitner-& Gordon Insurance Agency, LLC. Address: 500 N. Shoreline Blvd.. #1200 (Physical Street Address) Corpus Christi, TX 78471 (City) (State) (Zip) Telephone: 361-883-1711 E -Mail: rmlee@s-gins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by, law or by OWNER under applicable law. • Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 ra rlu. +r u; ?ME .0111ICk 'i'.13E GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY Bond Number: 60078086 KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and ezrsting under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint A. M. DiGeronimo, A. ' DiGeroni o, Colin Tiny NSS1 National ,Surety Services, Inc. its true and lawful attomey(s) -in -fact to execute, seal and deliver far and on its behalf as surety, any and all bands and undertakings, contracts of indemnity-and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by taw, statute, rule, - regulation; contract :or othenniise. The execution of such instruments) iii pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully .arid amply, to .all intent% and purposes, as if the same had.beeri duly executed and acknowledged by its regularly elected officers at the principal office. • • The Power of Attorney is executed and may be certified so, and may be, revoked, pursuant to . and by authority of Article IX; Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on. the 31' day of December,. 2003_ The President;•or any Vices President, acting with any Secretary' or. Assistant Secretary, shall-have power and authority: To appoint Attomey(s)-in -fact; and to authorize them to execute on behalf of the Company,; and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and 2. TA revoke., at any time, any such Attorney iii -fact and- revoke the authority given, except.as provided below • 3. in .connectienwith obligations in favor•of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot.be modified or revoked unless: prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the. Commonwealth of Kentucky at least thirty (3a) days prior•to thealodiiication or revocation. :Further, this Power of Attorney is signed and sealed by fac:sirriile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duty called and held on the 31' day of December 2003, of which.the following is a true.excerpt: RESOLVED that the signature of any authorized officer and the seal: of the Company may be affixed by facsimile to arty Power. :of Attorney .or certification thereof auttronzing the •execution and delivery of any bond, uridertaldng, •contracts •of indemnity and other writings obligatory in the nature thereof, and such signature and seal When so used shall have the same force and effect as though manually affixed. State of Michigan County of Oakland IN WITNESS WHEREOF, THE GUARANTEE[ COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 6th day of June 2011, THE GUARANTEE COMPANY OF NORTH AMERICA USA Stephen C. Rrischak, Vice. President Randall Musseiman, Secretary On this 6th day of•.iune,, 2011 before me came the individuals wYto executed the preceding instrument; to me personalty known, and being by me duly sworn, said that each is the herein described and .authorized after of The Guarantee Company of North America USA; that the seal affcced to said instrument is the. Corporate Seal of said Company that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takal IN WITNESS WHEREOF, 1 have hereunto set my hand at. The Guarantee lvotary Public, State of Michigan County.af Oakland My Commission Expires February 27, 20/2 Acting in Oakland County Company of North America USA offices the day and year above written. ,�.�.� Q- Tom: 1, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WIT4IESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 3rd • day of November , 2011 Randall Mussetman, Secretary war City of Corpus Christi SUMER NUMBER TO BE ASSIGN BY CITY PURCHASING DIVISION CITY OF CORPUS CITRISTI 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 definitions. COMPANY NAME: SafeNet Services, LLC P. O. BOX: N/A STREET ADDRESS: 1321 Glenoak Drive CITY: Corpus Christi zip; 78418 FIRM IS: 1. Corporation ❑ 9. Association fJ 2. Partnership • 3, Sole Owner ❑ 5. Other © LLC 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 N / A 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 N/A 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 N/A 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 "lam." Name N/A Consultant Page 18 of 19 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 }j CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: David Alexander fiype or pilot) Title; Owner Signature of Certifying _ Person: ° ------ DEFINITIONS Date: 9/7/11 a. "Board member." A member of any board, commission, or committee appointed by the City Council ofthe 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. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including 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 fu-m, 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." "Consultant" Any person or firm., such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g• Page 19 of 19 AoCORCP` CERTIFICATE OF LIABILITY INSURA OP ID: MB DATE (HWDWyyyy) �•.+ L 10,13111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEN, CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER {S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. THIS POIJCIES IIl18PORTANT: If the certificate holler is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WANED, 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 at such endorsement s . PRODUCER Keetch & Associates Insurance P. O. Box 1810 Alice, TX 78333 Keetch & Associates insurance EONTACT 381 -864 -5421 381 - 884 -5425 Est P INSURERS} AFFORDING COVERAGE NAIL INSURED SafeNet Services LLC V 1321 Glenoak Dr. Corpus Christi, TX 78418 • INSURER ■ IN LIABILITY © OCCUR INSURER C :TravelerS Casualty Insurance \ IN 04130/12 ra° IN s 100,000 • • THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR f TYPE OF r. • )use 1rrr- �I POLICY NUMBER, BCS0024754 4 POLICY EFF IMMJ B1YWYl 04130111 • CY EXP IMPADIXTYYYS UNITS EACH OCCURRENCE S 1,000,000 A GENERAL LIABILITY V COMMERCIAL GENERAL LIABILITY © OCCUR \ X 04130/12 ra° DAMAGE $ (RENTED PREMISES fFa occurrenm, s 100,000 E■ IIII IIII GEM CLAIMS -MADE MED EXP (Anyone person) s Excluded PERSONAL & AOV INJURY S 1,000,000 GENERAL AGGREGATE s 2,000,000 AGGREGATE LIMIT APPPIJE�S PER POLICY rid I ;IF° IT LOC PRODUCTS • COMPIOP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY % ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED ALTOS i BA9088P014 .' 04130/11 04130/12 f € COMBINED SINGLE LIMIT (Eaaociderly S 1,000,000 BODILY INJURY (Per porton} S BODILY INJURY (Par accident} $ III © PROPERTY DAMAGE (Per accident) s X s $ B X UMBRELLA LAB EXCESSUAB 211 OCCUR L` CUBW3444811 04/30/11 04/30112 q /` ti EACH OCCURRENCE s F 5,000,000 CLAIMS -MADE AGGREGATE 5,000,000 U X DEoucraLE RETENTION $ 10,000, : WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OPFICERIMEMBER EXCLUDED? (Mandatary in NH) If - describe under ka- .:i:+l• •. ORERASIONSbMaw o ' r Y r N! A I WCSTATU- I I0714 TORY LIMITS ER_ E.L EACH ACCIDENT $ E.L. DISEASE • EA EMPLOYEE s E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORO ID1, Additional Remarks Schedule, emcee space Is required) `The City of Corpus Christ) Is named as Add Uonal Insured on all General Liability and all Auto Liability Policies. 30 Days Notice of Cancellation In / Favor of City of Corpus Christi, f Project Cole Park Shoreline Restoration (Bond 2008) Project No : E11027 ` CERTIFICATE HOLDER CANCELLATION CICC -CO City of Corpus Christ) Dept of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469 SHOULD ANY OF THE ABOVE -DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORI2ED REPRESENTATIVE Keetch & Associates Insurance itt ACORD 25 (2000(09) ©18882009 ACORD CORPORATION. All rights reserved. The ACORD name and logo ars registered marks of ACORD A CORD, CERTIFICATE OF LIABILITY INSURANCE PRODL/CER Terry Hookstra 1004 Misty Knoll San Antonio, Texas 78258 Phone: (210) 860 -5060 Fax: (210) 495 -4375 INSURED eEmployers Solutions, Inc. 1 221 1 Huebner Road San Antonio, Texas 78230 COVERAGES DATE (MMlDDIYYYy) 11/01/2011 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 POL CIES BELOW INSURERS AFFORDING COVERAGE INSURER A: Texas Mutual Insurance Company INSURER B: NAIC # INSURER C: INSURER D. INSURER E: ,,,..re , in VG LICCIV raaucu IS) 1 nt INOUIttU NAMtU ACUVL FOR THE POLICY PERIOD INDICATED, ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NOTWITHSTANDING MAY BE ISSUED OR OF SUCH INSR LTR ADD'L NSoD TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE DATEIMMIDDIYYI POLICY EXPIRATION DATELMMLDQfY1 LIMITS GENERAL L1A61LITY COMMERCIAL GENERAL LIABILITY 1 EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurence) $ CLAIMS MADE I I OCCUR MED £XP (Any one person) $ - PERSONAL 8 ADV INJURY $ GEN'L GENERAL AGGREGATE $ AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ POLICY P CT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ - AUTO ONLY: AGG $ EXCESSIUMBRELLALIABILITY OCCUR CLAIMS MADE i EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? Vyes, descr,be under SPECIAL PROVISIONS below TSF - 0001109837 10/01/11 10/01/12 ✓ I WC 5TATU- 0TH- TORY LIMITS ER — E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE :$ 1,000,000 E.L. DISEASE- POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS FOR EMPLOYEES LEASED TO: SAFENET SERVICES, LLC Project: Cole Park Shoreline Restoration (Bond 2008) Project No. E11027 L I CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Engineering Services PO 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 LIABILITY OF ANY KIND UPON U • • , ITS AGENTS OR REPRESENTATIVES.' AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) O ACORD CORPORATION 1988 POLICY NUMBER BCS0024754 e COMMERCIAL. GENERAL LIABILITY SafeNet •Services, LLC CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL. LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzat on(sj; ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Location And Description Of Completed Operations ALL LOCATIONS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 -- Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for 'bodily injury" or "property damage" caused, In whole or in part, by 'your work" at the location designated and described in the schedule of this endorsement performed for that additional Insured and included in the "products- completed operations hazard': CG20370704 ISO Properties, Inc., 2004 Page 1 of 1 Insured Copy Policy No.: BCSO024754 COMMERCIAL GENERAL LIAalu 7Y CG20033070 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. s' ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A Section 11 — Who Is An Insured Is amended to Include as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing In a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re- spect to liability for "bodily injury'; "property dam- age" age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured. A person's or organization's status as an addi- tional Insured under this endorsement ends when your operations for that additional insured are completed. CG 20 330704 B. With respect to the Insurance afforded to these additional Insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. 'Bodily Injury', "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or falling to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. 'Bodily Injury" or 'property damage" occurring after: a. All work, including materials, parts or equipment furnished In connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of 'your work" out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 Insured Copy Safenet Services LLC - BA9086P014 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. A. PERSONAL EFFECTS COVERAGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Personal Effects Coverage We will pay up to $400 for "toss" to wearing ap- parel and other personal effects which are: (1) owned by an "insured "; and (2) in or on your covered "auto "; in the event of a total theft "loss" of your covered "auto ". No deductibles apply to Personal Effects Cover- age. B. AUTO LOAN LEASE GAP COVERAGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" Tess the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto "; and (2) Any (a) Overdue lease /loan payments at the time of the loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; CA T4 20 07 06 (d) Costs for extended •warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. C. COVERAGE EXTENSION — AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OF SOUND SECTION III — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. 10 exclusions 4.c S 4.d is deleted and replaced with the following: a. Equipment . and accessories used with such equipment, except tapes, records or discs, provided such equipment is permanently in- stalled in the covered "auto" at the time of the "loss" or is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electri- cal system, in or upon the covered "auto "; or D. WAIVER OF DEDUCTIBLE — GLASS SECTION 111 — PHYSICAL DAMAGE COVER- AGE, D. Deductible is amended by adding the following: No deductible for a covered "auto" will apply to glass damage If the glass is repaired rather than replaced. E. HIRED AUTO PHYSICAL DAMAGE COVER- AGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Hired Auto Physical Damage Coverage Exten- sion If hired "autos" are covered "autos" for Liability Coverage and this policy also provides Physical Damage Coverage for an owned "auto ", then the Includes the copyrighted material or Insurance Services Office, inc. with its permission. Page 1 of 2 Includes the copyrighted material of The St. Paul Travelers Companies, Inc, sass Ilia JIM mom mot a= 010206 COMMERCIAL AUTO * ** Physical Damage Coverage is extended to autos that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the dam- aged or stolen property as of the time of the loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in deter- mining actual cash value in the event of a total "loss ". If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical � H. Damage deductible applicable to any owned covered "auto ".. (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver, or (b) Any "auto" that is hired. rented or bor- rowed from your "employee ". F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- (3) * * * tent required of you by a written contract exe- cuted prior to any "accident' or "loss ", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated In such contract. G. BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE, part A. 1. Who Is An Insured, paragraph c. is amended by adding the following: Any person or organization that you are required to include as an additional insured on this Cover- age Form in a written contract or agreement that Is signed and executed by you before the "bodily injury' or "property damage` occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11. EMPLOYEE HIRED AUTOS SECTION II — LIABILITY COVERAGE, A. Cov- erage, 1. Who Is An insured is amended by add- ing the following: An "employee" of yours is an "insured" while op- erating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. COVERAGE EXTENSION -- TRAILERS SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted and replaced by the following: 1. 'Trailers" with a Toad capacity of 3,000 pounds or less designed primarily for travel on public roads. 1. Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Includes the copyrighted material of The St. Paul Travelers Companies, Inc. CA T4 20 07 06 POLICY NUMBER: COMMERCIAL GENERAL. LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: City of Corpus Christi; Dept. of Engineering Services Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, TX 78469 -9277 3. Number of days advance notice: Thirty (30) q Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Named Insured: SafeNet Services, LLC Policy Number: BCS0024754 Policy Term: 04/30/2011 to 04!30/2012 \ Authorized Representative: 401.4 kutA Name (Printed): Kevin Keetch Title (Printed): President CG 02 05 12 04 ® I50 Properties, Inc., 2003 Page 1 of 1 ❑ COMMERCIAL AUTO POLICY NUMBER: BA-9086P01 4-1 1 -SEL ISSUE DATE: 03-1 8-t 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Forth apply unless modi- fied by the endorsement. SCHEDULE Number of Days' Notice 30 \' Name Of Person Or Organization CITY OF CORPUS CI-RI STI DEPT. OF ENGINEERING SERVICES Address ATTN: CONTRACT ADMINISTRATOR P.0.BDX 9277 CORPUS CHRISTI TX 784699277 If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA 02 44 06 04 © ISO Properties, Inc., 2003 . Page 1 of 1 ® WORKERS' COMPENSATION AND EMPLOYERS e)(Muttjal LIABILITY INSURANCE POLICY ■Insures ceCompany TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES PO BOX 9277 ATTN: CONTRACT ADMINISTRATOR CORPUS CHRISTI, TX 78469 This endorsement changes the policy to which It is attached effective on the inception date of the policy unless a different date 1s Indicated below. (The following "attaching clause" need be completed only when this endorsement Is Issued subsequent to preparation of the policy.) This endorsement, effective on October 14 , 2011 at 12:01 A.M. standard lime, forms a part of Policy N0. TSF- 0001109837 20111001 of the Texas Mutual Insurance Company Issued to E EMPLOYERS SOLUTIONS INC Premium $ 0.00 WC420001 tED. 1414) Endorsement No. 22 Authorized Representative INSUREO'S COPY AXFLORES 10-17-2011 ** **