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C2011-510 - 12/13/2011 - Approved
2011 -510 M2011 -281 12/13/11 H2O Construction Services Inc. S P E C I A L P R O V I S I S P E C I F I C A T I O N S A N D F O R M S O F C O.N T R A C T S A N D B O N D S F O R TURTLE COVE PARK / NESTER DRAINAGE IMPROVEMENTS MARTINEZ, GUY & MAYBIK, INC. 6000 S. STAPLES, SUITE 207 CORPUS CHRISTI, TEXAS 78413 Phone: 36'1/814 -3070 Fax: 361/991 -7970 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI,.TEXAS Phone: 351 /RRn -RSnn Fax: 361/ - -•- - PROJECT NO: E11074 DRAWING NO: STO 551 TURTLE COVE PARK / JESTER DRAINAGE IMPROVEMENTS PROJECT NO. E11074 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS -- A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Constria.cti-on Projects For Government Entities PART A —SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Sid 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 7/5100) 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 off•1ee (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A 21 Prejeet Signs (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) Ar 23 Fa^.pe ti-., (Revised 7i5/00) (N'OT USED) A -24 Surety Bonds A 25 Sales 'Fay Exemgtien NG LOMER - "PPLIGNSLE 011/98) (NOT USED) A -26 Supplemental Insurance Requirements A 2 7 Respensibility £er 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 A-35 E Water Faeilities Speei-al- ReErairements- (NOT USED) A -36 Other Submittals (Revised 9/18/00) A 37 Amended HAR?a?aii9ement and Charge for- Water FuL=aished by tz4e " (NOT USED) A -38 Worker's Compensation Coverage. for Building or Construction. Projects fi r Government Entities (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates A 41 f "eWls. Wy (NOT USED) A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Ho1d.Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) 46 PiLBP9sal ef- Highly GhleriaatedWate -r- �- ) (NOT USED) A -47 Pre- Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires (7 /5/00) A -49 Amended "Maintenance Guaranty" (8/24/00) A-50 Errors and Omissions A -51 Contaminated Soil A -52 Geotechnical Investigation Report A -53 S.tormwater Pollution Prevention Plan A -54 Revisions to the Standard Specifications A -55 Amended Prosecution and Progress A -56 List of Submittals ATTACHMENT I - -City of Corpus Christi Generator's Waste Profile Sheet ATTACHMENT II - Construction Site Notice ATTACHMENT i11 - Construction General Permit- -Storm Water Pollution Prevention Plan (SW3P) PART 8 - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S --- STANDARD SPECIFICATIONS DIVISION 2 SECTION 021020 SECTION 021040 SECTION 022020 SECTION 022022 SECTION 022040 SECTION 022100 SECTION 022420 SECTION 025205 SECTION SECTION SECTION SECTION SEC'T'ION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION 025404 025412 025424 025608 025610 025802 026202 026206 026210 026214 026402 027202 027402 028020 028300 DIVISION.3 SECTION 030020 SECTION 032020 SECTION 038000 DIVISION 5 Site Clearing and.Stripping Site Grading Excavation and Backfill For Utilities and Sewers Trench Safety For Excavations Street Excavation Select Material Silt Fence Pavement Repair, Curb, Gutter, Sidewalk and Driveway Replacement Asphalts, Oils, and Emulsions Prime Coat Hot Mix Asphaltic Concrete Pavement (Class A) inlets Concrete, Curb and Gutter. Temporary Traffic Controls During Construction Hydrostatic. Testing of Pressure System Ductile Iron Pipe and Fittings Polyvinyl ,Chloride Pipe Grouting Abandoned. Utility Lines Waterlines Manholes Reinforced Concrete Pipe Culverts Seeding (Erosion Control) Fences Relocation Portland Cement Concrete Reinforcing Steel Concrete Structures SECTION 055420 Frames, Grates, Rings and Culverts 3 l 4 Y �f PART T - TECHNICAL SPECIFICATIONS _._ SECTION 022000 Control of Groundwater (Well Pointing) SECTION 025223 Crushed Limestone Flexible Base PART U - GEOTECENICAL INVESTIGATION REPORTS (For Contractor's Information) Report 1 - Geotechnical Study (December 2010) Jester Street Drainage Improvements Project Outfall Structure at Turtle Cove Park, Corpus Christi, TX Report 2.- Geotechni.cal Investigation (June 2005) Minor Storm Drainage Improvements Group "B" Projects Jester /Turtle Cove Park, Corpus Christi, TX City of Corpus Christi, Project No. 2241 LIST OF DRAWINGS NOTICE PROPOSAL/ DISCLOSURE STATFMZW PERFORMANCE ]BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: TURTLE COVE PARK /JESTER DRAINAGE IMPROVEMENTS PROJECT No. E11074: the project entails site clearing and stripping; saw cut, remove and reconstruct 339 SY of asphalt pavement; remove 108 LF of curb and gutter; reconstruct 86 LF of curb and gutter; excavate and install 1894 LF RCP storm sewer of 1811, 24" and 36" diameter sizes; construct 7 manhole structures; construct a pile -- supported outfall /headwall concrete structure; construct 120 SY of slope paving, and install and maintain storm water pollution prevention and traffic control measures in accordance with the plans, specifications and contract documents; in accordance with the plans, specification and contract documents; will be received at the office of the City Secretary until 2 :00 p.m. on Wednesday, October 05, 2011, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for, 10 :00 a.m, on WednesdM, September 28, 2011 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5o 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 /10.0 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10:00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS %s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS -A NOTICE TO CONTRACTORS -A INSURANCE 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 Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial. Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability S. Broad Form Property Damage 9. Independent Contractors 10. Personal Injury AUTOMOBILE LIABILITY - -OWNED NON -OWNED $1,000,000 COMBINED SINGLE LMT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE ❑ REQUIRED Not limited to sudden & accidental discharge; to include long -tern environmental impact for the disposal of NOT REQUIRED Q contaminants BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED D NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED NOT REQUIRED Page 1 of 2 OThe City of Corpus Christi :must be named as an additional insured on all coverages except worker's compensation liability coverage. OThe name of the project must be listed under "description of operations" on each certificate of insurance. OFor each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, sighed 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 - 8 WORKER'S COMPENSArSION INSURANCE REQUIREMENTS Page 1 of 11 r" ti Texas .Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF v WOR.IERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCE APTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the Y 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' cornpdnsation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage — Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC-82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until -' the work on the project has been completed and accepted by the governmental entity. (7).Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project; regardless of whether that person contracted directly with the contractor and regardless - of whethef that perrson has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of l l "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. (S) Project -- includes the provision of all services related to a building or construction contract for a governmental entity. . (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been -filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any. change that materially affects the provision of coverage may subject the contractor or other person providing -- services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using -the language required by paragraph (7) of this subsection, require the contractor,to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project, (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration ofthe project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications. and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification. codes. and payroll amounts. and. filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's- current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that-person beginning work on the project, so the governmental entity will have on f le certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (S) 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 conntractor 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 aperson may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to:' (A). provide coverage based -on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project, (B) provide a certificate of coverage. to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) �. of this section; Page 4 of I I (I7) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior- to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and . (1) contractually require each other person with whom it contracts, to perform as required by - subparagraphs (A) -(M 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 aproject, 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 govemmental entity that all employees of the person signing this contract who will provide services on.the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and'payroll amounts, and that all coverage agreements will be filed'with the appropriate insurance carrier or, in the case of a self-insured, with the commission's.Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 r (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 (S) 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 durations 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, §40). (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 Sill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self insure that is delivered, issued for delivery, or renewed on or -after January 1, 1996. Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994,19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 �— IJv _ 3 T28S110.110(d)(7) "REQ UIRED WORKERS' COMPENSATION COVERAGE" 'The law requires that each person working on this sWe 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 for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate')_ A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC -81, TWCC - 82, TWCC-83, or YVCC -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 arty entity which furnishes persons to provide services on the .project, "Services" include, without limitation, providing, Mauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodlbeverage vendors, office supply deliveries, and delivery ofportable toilets. P_ The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, -which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have onf file certificates of coverage showing coverage for all persons providing services on the project, and. (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of f: coverage ends during the duration of the project. Page 9of11 r 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. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to_ (I) 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 erreployees 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 4W 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 affects the provision of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as- required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will-be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured with the commission's Division of Self- Page 10 of 11 Insurance Regulation. providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with arty of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity- . � PART A - SPECIAL PROVISIONS TURTLE'COVE PARK / JESTER DRAINAGE IMPROVEMENTS PROJECT No. E11074 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 beL received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 .m.,. Wednesday, October 5, 2011. Proposals mailed should be addressed in the following manner: City e€ r..NPUS ehr st City Secretary's Office City Seercetai -fl s .f fi _ City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 _ ATTN.- BID PROPOSAL - TURTLE COVE PARK / JESTER DRAINAGE I24PROVEMENTS PROJECT No. E11074 A=y proposals not sically in possession of the City Secrete 's Office at the time and date of bid. opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the pEpposer. The pr2poser is solely responsible for delivery, to the City Secretary's Office. Delivery of as _ proposal, by the proposer, their agent /re resentative, U.S. Mail, or other delivery service, to any Cit y address or office other than the Cit Secretary's Office will be deemed non-responsive if not is possession of the city Secrete 's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Wednesday, September 28,2011, be inning 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. if requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project The project entails site clearin and stri in ; saw cut, remove and reconstruct 339 SY of asphalt pavement; remove 108 LF of curb and gutter; reconstruct 86 LF of curb and gutter; excavate and install 1894 LF RCP storm sewer of 1811, 24" and 361, diameter sizes; construct 7 manhole structures; construct.a pile-supported outfall /headwall concrete structure; construct 120 SY of slope paving and install and maintain storm water pollution prevention and traffic control measures., in accordance with the plans, specifications and contract documents.. A -4 Method of Award The bids will be evaluated. based on the total. base bid, subject to the availability of funds. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Section A - SP (Revised 12/15/04) Page 1 of 25 A -5 Items to be Submitted with Proposal _4 The following items are required to be submitted.with the proposal: 1. 5% Bid Bond (Must reference TURTLE COVE PARK JESTER DRAINAGE IMPROVM4=TS PROJECT No. E11074 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 /Liclaidated Daman The working time for completion of the Project will be 120 calendar days. The Contractor shall commence work within ten (10) . calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineern) to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500 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. Section A - SP (Revised 12/15/44) W Page 2 of 25 A -$ 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 Acknowledament 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 9Page_R.ates (Revised 7/5/00) Labor preference and wage rates for heavy and highway construction.. In case of conflict, Contractor shall use higher wage rate. MinuT m awraiq4pg nM scales The Corpus Christi City veil has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The contractor and any suboontractor must not pay less than the specified wage rates to all laborers, workmen, and meabamcs employed by then in the execution of the Ccntract. The Ccntxactor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for' each laborer, wor)anan, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor moist keep an accurate record showing the names and classifications of all laborers,.%mrkmen, and mechanics employed by thEm in connect -Loa 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 ecpies 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 /Mimrity Business Enterprise Participation Policy for additional requirements rements concerni rug the proper farm and content of the payroll submittals.) One and one -half (1'f) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hraurs worked on Sundays or holidays. (See Section 13-1 -1, Definition of 'Terms, and Section B -7 -6, Working Hours.) A -11 aoonerati oa with Public kiss (Revised. 7/5/04) The contractor sball cooperate with all public and private agencies with facilities operating within the limits of the Project. The contractor shall provide a forty -eight (48.) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One -Call System 1 -800- 245 -4545, the lone Star Notification Company at 1 -800- 669 - 8344, and the Southwestern Hell Locate Group at 1 -800- 828 -5127. For the c cntractor s con xii ence, the fallowing telephone z=bers are listed. city Engineer 880 -3500 Project Engineer Ph. (361)826 -3504 Natasha Fudge, P.E. Engineering Consultant Ph. (361) 814 -3070 Richard Martinez Fax (361)991 -7970 Martinez, Guy & Maybik, Inc. 6000 S. Staples Suite 207 Corpus Christi, Tx 78413 Seation A - SP (Revised 12/15/04) Page 3 of 25 Traffic Engineering Police Department Water Dot Wastewater Dgartment Gas Department tment Storm Water Tart Parks & Recreation Department Streets & Solid Waste Services ADP SEC /AT &T City Street Div, for Traffic Signal /Fiber Cptic Locate Cablevisicn ACSi (Fiber optic) RMC (Fiber Optic) ChoiceCcm (Fiber Optic) CAPS (Fiber Optic) Brooks Fifes Optic (MAN) Regional Transportation Authority A -12 Maintenance of Services 826 -3540 886 --2600 826 -1881 (880 -3140 after hours) 826 -1800 (880 -3140 after hours) 885 -6900 (885 -6900 after hours) 826 -1875 (880 -3140 after hours) 826 -3461 . 826 -1940 866- 223 -8508 (693 -9444 after hours) 881 -2511 (1- 800 - 824 -4424 after hours) 826 -1946 800- 222 -5355 867 -9200 813 -1124 881 -5767 (512)935 -0958 (972)753 -4355 289 -2712 826 -3547 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888- 204 -1679) (Pager 850 -2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not _guaranteed. It is the Contractor's sole and complete responsibility -to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. if the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. in the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must. pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. Section A - OF y (Revised 12/15/04) Page 4 of 25 A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. 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. payment w4:11 be made te GgntraetGE. A -14 Construction Equipment S illa a and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and. fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal/ Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct . payment will be made to Contractor. Section A - SP (Revised 12/15/04) Page 5 of 25 A -17 Field-Offiee (NOT USED) A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on cALmDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the. City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide Section a - SP (Revised 12/15/04) Page 6 of 25 supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third ,^ 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. •— All - r-E6m�iaveK-t - elevatie = heles; • —All nter-seeting lines nhelea J Water: • All top of valves box; • valves vaults rim; + Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Stormwater: 0 All rim /invert elevations at manholes; s All intersecting lines in manholes; • Casing elevations (top of pipe and flow.line) (TXDOT and RR permits). A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21. Project Signs (NOT USED) The Gentrzaeter Mist kiEnl8h and install 1 Pr-9jeet signs as i-dleated en the the Git:y Engineer. Section A - SP (Revised 12/15/04) Page 7 of 25 A -22 Minority/Minority Minority/Minority Business Enterprise Participation Polia (Revised 14/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. in accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. C. minority Business Enterprise; A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican- Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority, person(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.OW 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 maybe, must be entitled to receive Section A - SP (Revised 12/15/04) Page 8 of 25 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0 of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.O% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more Persons, partnerships, corporations, or any combination thereof, tounded 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 VIBE 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 gs 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 Contractors 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 Section A - SP (Revised 12/15/04) Page 9 of 25 submit bi- weekly payrolls in a timely fashion•or to submit overall participation information as required. (NOT US=) The Gentraeter- shall assewe the building inspeetlenB by the after the-building 1-0 f- ehaaFges levied by apprrepriatE- is required and t9 final ir�speetd:ea pewmilt assur-e a Geeupaney, when- applicable— Seetion B 6--2 the 6enera e€ amended 1H that the Gentraeter- must pay all fees uad Gity, 8 &wilding. inspeetlen Department, Gity fees, _,. a u'"_ __ by Gity. and all ether water� atewater meter fees' and - -S gees as reeralreef A -24 Surety Bonds Paragraph two (2) of Section B--3 -4 of the General provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of - Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (100) 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 Exemptioxi (NOT USED) fallowing substibuteel in lieu theree €. Gentraets fer improvements to real - property-- awarded -by the Gity -efts by the Gemptreiler Peblie Aeee�mts- Te5Eas- larvmnlgated -of ei if the Gentraeter - Section A - SP (Revised 12/15/04) Page 10 of 25 A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with .a certificate of insurance certifying .that the Contractor .provides worker's. compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable Insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. r-^ Section A - SP (Revised 12/15104) Page 11 of 25 For contractual liability insurance coverage obtained in accordance with Section B -5 -11 (a) of the Contract, the Contractor shall. obtain an endorsement to this coverage stating; Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person,. or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims (NOT USED) Floater- eaver-age must be am "All Risk" ffer-m. GentLaaeter- must p inst� a e— eaverage, }nelud}ng ainy-- deduetible.. The City muse- he —nafaed 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 liens 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 foreman who are careful and competent and acceptable to the City Engineer. Section A - SP - (Revised 12/15/04) Page 12 of 25 The criteria upon which the City Engineer makes this determination, may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and. familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. -- The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. — Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the city Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B- �7 -13. A -3.0 Amended RConsideration 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. Section A - SP (Revised 12/15/04) Page 13 of 25 _1 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the .right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the.Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 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 names) and Titles) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Gangs 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. €or 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 Contracts RemArements. Under "General Provisions and Requirements for Municipal Construction Contracts " B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City -W Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. Section A - SP (Revised 12/15/04) Page 14 of 26 A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence �- will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard. Specifications and the General Provisions will be given. last precedence. In ._ the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable) , construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) r-r- Section A - SP (Revised 12/15/04) Page 15 of 25 1 woi i r-r- Section A - SP (Revised 12/15/04) Page 15 of 25 blue, based 1 I All trash geme,-a-ted A -be Gen-traeter fev • Gentraeter Bhall pruvide telephoner. belephemes are not for- er hi I agents7 er sube6nbEaeter-s, fimst be eeRtairled at all times at- the water- • - • / Monday thriii Friday. Gentraeter mi*st not use any daily- l rJ blue, based l I fev • Gentraeter Bhall pruvide telephoner. belephemes are not for- IGO twagI ir use. MW available WOrlekng heurs will be A.M. • - • / Monday thriii Friday. Gentraeter mi*st not use any City faisility l rJ - avust previde ewn restreems. Gentraete RTli7lT_! 5_ based the as applied to 2. He eLfey;;eau —we le. — NO W-1 MW em::tyas reqaiwed —in — three -pr4er . 3. He has been aetiveiy-- engeged in the type —at —leases -ef werk speeifi heeein few at least 5 wears. 4. lie — empieys —a Registered PrefessieRal Rngineer, -1 - , Systems Engineer-, ems'—an Mleebeieiil Engineer perferm the -♦ ML required by this ; g; S. He— empleys— this Prej a— refire te - supei —Ase at 3-R—R llre- •,•••••essf••, FL iSGLG G G9 •TL�22y 1. lie Is r-egularly engaged 4:n the eempoter and eenrel -- system — businees, pregeeably munieipal water- and wastewater- industry based the as applied to 2. He eLfey;;eau —we le. — s_e = steI ea and — eemp s this Centraet - 'en em::tyas reqaiwed —in — three -pr4er . 3. He has been aetiveiy-- engeged in the type —at —leases -ef werk speeifi heeein few at least 5 wears. 4. lie — empieys —a Registered PrefessieRal Rngineer, -1 - , Systems Engineer-, ems'—an Mleebeieiil Engineer perferm the -♦ ML required by this ; g; S. He— empleys— this Prej a— refire te - supei —Ase at 3-R—R llre- •,•••••essf••, pev- semmel on eet 6I iSGLG G G9 •TL�22y Section A - SP (Revieed 12/15/04) Page 16 of 25 A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. C. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal. Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review; verification of Products required, field dimensions, adjacent construction work, and coordination of information,.' is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Section A - SP (Revised 12/15/04) Page 17 of 25 llilffl- 01-41 A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. C. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal. Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review; verification of Products required, field dimensions, adjacent construction work, and coordination of information,.' is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Section A - SP (Revised 12/15/04) Page 17 of 25 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. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineers selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on, -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended °Arrangement and Charge for Water Fu=isbed by the City" (NOT USED) A -38 Worker's Compensation Covers a for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B "I are incorporated by reference in this Special Provision. A 30 eewbiEieabe of M. (NOT USED) A -40 Amendment to Section B -8 -5: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- perishable materials delivered to the section A - sp (Revised 12/15/04) Page 18 of 25 Project worksite unless the Contractor provides, the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory (NOT USED) the— day — will — new —be eeicmted as a weEle day and the — Gentraeter w311 he eempensated at the unit pr•iee indieated —le• —the l A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules.and regulations while performing any and all City- related projects and or jobs. A -43 Amended indemnification & Hold Harmless Under "General Provisions and. Requirements for Municipal Construction Contracts" B-6 -21 Indemnification & Hold harmless,• text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. 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 Is costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as- -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following:. section A - SP (Revised 12/15/O4) Page 19 of 25 (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 Gentraeter -shall: he r-esppssible for- the disposal ef water use4--fer- in the water, Vaetleularly high- levels ef ehler-Ine, will be used fe wetlands er envirenmeatally sensitive areas. These are regulated by nume the Gity few appEeval. There shall be no separate pay EeE dispesal eg high! A -47 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatever on- the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20 -feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (101) of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 -feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 -feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Exploratory excavations and restorative work shall not be measured for pay, but shall be subsidiary to the appropriate bid item. Therefore, no separate payment shall be made to the contractor. Contractor shall provide all his own survey.work effort (no separate pay) for exploratory excavations. Contractor shall adhere to the requirements of the City for the restoration of HMAC pavement. Section A - SP (Revised 12/15/04) Page 20 of 25 A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the _ construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP &L and inform CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available - -- to benefit. the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce,. release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Errors and Omissions The Contractor shall carefully check these 'specifications and the Contract Drawings, and report to the Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. If errors or omissions are so discovered and reported before the work to which the pertain is constructed, and if correction of such errors or omissions causes an increase in the Contractor's cost, the Contractor shall be _ compensated for such increase in cost as provided elsewhere. The Contractor shall bear the expense of correcting any errors and omissions on the drawings or specifications, which are not discovered or reported by the Contractor discovered by reasonable diligence on the part of Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete the project ready for its intended.use. A -51 Contaminated Soil Contractor shall follow City requirements concerning the disposal of contaminated materials. Contractor shall comply with the City's Cefe F. Valenzuela Landfill special waste handling guidelines with regards to disposing suspected contaminated soil. The cost of said work .shall be incidental to the unit price for "removal of contaminated soils" as per Item 4 given below. Contractor shall complete the City's Generators Waste Profile Sheet (See Attachment II for City's Approval prior to disposal of any contaminated soils. Section A - 5P (Revised 12/15/04) Page 21 of 25 If, during the construction, an area is suspected of a high level of contamination,: then the City will have the area tested. If the area proves to have a high level of contamination, then the Contractor shall comply with the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse of this material, the Contractor shall follow the following procedures: 1. Material Reuse: Excavated material that contains indications of elevated levels of contamination may be utilized as backfill for excavations, up to 24" from the surface of the finished grade. It will be the Contractor's responsibility to incorporate as much as possible of the contaminated material into the backfill. Clean material with no indication of contamination shall be used with the top 24" of the trench. All materials used for the backfill of excavations shall also conform to the trench embedment section shown on the construction. drawings. 2. On -Site Stockpiles: Excess material for excavation, whether non - contaminated or contaminated with any detectable concentration of con contaminants, shall be'handled in a such a way as to prevent run -on, run -off, and infiltration of contamination from precipitation. Contaminated stockpiles shall be underlain by plastic,'with a clean -soil berm covered with plastic around the perimeter. The contaminated stockpile shall be covered with plastic and secured to prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile of-any stockpile areas shall be the responsibility of the Contractor. 3. Disposal of Excess Non - Contaminated Soil: The balance of any non - contaminated soil not used in backfill, shall become the property of the Contractor and shall be hauled off and disposed of by the Contractor at designated disposal site. 4. Disposal.of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, constructing and maintaining a stockpile in the required manner, and cleaning up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil will be transported by the.Contractor to the Cefe F. Valenzuela Landfill following the City guidelines on special waste handling. The cost for work associated with Item 4 shall be measured by the cubic yard and be paid for as additional work through an executed change order. 5. OSHA Training: Contractor shall be responsible for providing proper OSHA hazardous waste training that is required for construction personnel working in contaminated areas. A -52 Geotecha$ cal Investigation Report Two separate copies of the project geotechnical investigation reports dated December 2010 and June 2010 are contained in PART U of this project manual and are provided for the Contractor's information. A -53 Stormwater Pollution Prevention Plan This project falls under the category of Small Construction Activities and ~' will, therefore, not be required to have a Notice of Intent submitted as per Fart II.D.2 of the TPDES General Permit TXR150000. Contractor will be required to complete a Construction Site Notice Section A - SP °- (Revised 12 /15/44) Page 22 of 25 (See Attachment II) and provide original copies to the City at least two days prior to commencement of any construction activities. Contractor shall post a signed copy of the Construction Site Notice at the construction site in a location where it is readily available for viewing by the general public, local, state and federal authorities, prior to commencing construction activities and maintain the Notice in that location until completion of the construction activity. Contractor shall also complete and submit to the City the Storm Water Pollution Prevention Plan documentation as contained in Attachment III. Contractor shall adhere to the requirements of the Storm Water Pollution Prevention Plans as per the drawings and specifications contained in the Construction Documents. A -54 Revisions to the Standard Specifications The following standard specifications have been modified to fit the circumstances of this project. Section 021020 Site Clearing and Stripping All labor, material and equipment required for site clearing and stripping shall be .measured and paid for at a lump .sum price. The cost of removal of trees shall not be measured for pay but will be considered subsidiary to the cost of site clearing and stripping. Section 022040 Street Excavation All labor, material and equipment for street excavation shall not be measured for pay but will be considered subsidiary to the appropriate bid item. Therefore, no separate payment shall be made to the Contractor. Contractor shall provide all materials, tools, equipment and incidentals necessary to complete the work. Section 022420 Silt Fence All labor, material and.equipment required for placing silt fencing shall not be measured for pay, but will be considered subsidiary to the work item "Storm water Pollution Prevention Control" including the placement of stabilized construction exits and inlet protection barriers. Section 025424 Hot Mix Asphalt Concrete Pavement Hot mix asphalt concrete pavement for roadway pavement reconstruction shall be Type "D" mix having a minimum thickness of 2 inches or if HMAC pavement thickness is greater than 2 inches; match existing thickness. All labor,, material and. equipment required for placing HMAC pavement shall - be paid for by the square yard. Section 025206 Ductile Iron Pipe All waterline alignment adjustments shall be completed using ductile iron pipe with ductile iron fittings per AWWA requirements. Section 027402 Reinforced Concrete Pipe Culverts The use o €. Portland Cement mortar joints for jointing reinforced concrete pipes shall not be used. Section A - SP (Revised 12/15/04) Page 23 of 25 F Section 028020 Erosio=n Control by Hydromulch Seeding All labor, material and equipment required for erosion control by hydromulch seeding using Bermudagrass (Hulled) Type "B" Mixture shall be paid for by the acre unit price. A -55 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts," B -7 Prosecution, and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for - demobilization / remobilization costs. Such costs shall be addressed through a change order to the contract. A -56 List of Submittals The following items must be submitted in multiple copies. to the Engineer for review as per A -36. Contractor must submit items accompanied with the ` transmittal form contained at the end of Section A. 1. Concrete Mix Design 2. Concrete Admixtures 3. Rebar Fabrication & Placement Drawings 4. Precast Concrete Structures & Associated Products Including Curb Inlets, Junction Boxes and Manholes. 5. Grate inlet Covers and Rims 6. Manhole Covers and Rims 7. Reinforced Concrete Pipe Products Including Gaskets 8. Silt Fence Material y 9. Ductile Iron Pipe and Fittings 10. Pre - stressed Concrete Piling 11. Cement Stabilized Sand 12. Small Construction Site Notice 13. Storm Water Pollution Prevention Plan 14. Ground Water and Surface Water Control Plan 15. Crushed Limestone Flexible Base Mix Design `r Section A - SP (Revised 12/15/04) Page 24 of 25 SUBMITTAL TRANSMITTAL FORM PROJECT: TURTLE COVE PARK / JESTER DRAINAGE IMPROVEMENTS; PROJECT No. B11074 OWNER: CITY OF CORPUS CHRISTI ENGINEER: Richard Martinez P.E. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Portland Cement Concrete Spec. 030020 Concrete Mix Design Portland Cement Concrete Spec. 030020 Concrete Admixture Reinforcin g Steel Spec. 032020 Rebar Fabrication and Placement Drawings Concrete Structures Spec. 038000 Junction Boxes & Manholes Inlets Spec. 025608 Curb Inlets Manholes Spec. 027202 Manhole Covers & Rims Reinforced Concrete Pipe Culvert Spec.- 027402 Reinforced Concrete Pipe & Gaskets Silt Fence Spec. 022420 Silt Fence Ductile Iron Pipe & Fittings Spec. 026206 Ductile Iron Pipe and Fittin s Concrete Structures Spec. 038000 Pre- Stressed Concrete Piling Select Material Spec. 022100 Cement Stabilized Sand Storm Water Pollution Prevention Plan A -53 Construction Site Notice Storm Water Pollution Prevention Plan A-53 SWPPP Plan Control of Groundwater (Well Pointing) Spec. T- 022000 Ground Water & Surface Water Control Plans Crushed Limestone Flexible Base -" Spec. T- 025223 Flexible Base Mix Design Section A - SP (Revised 12/15/04) Page 25 of 25 AGREEMENT THE STATE OF TEXAS § COUNT( OF NUECES § THIS AGREEMENT is entered into this 13TH day of December, 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 H2O Construction Services Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $565,197.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: TURTLE COVE PARKI JESTER DRAINAGE IMPROVEMENTS PROJECT NO. E11074 (TOTAL BASE BID: $555,197.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract uocuments 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 -6-19 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: T City Secretary AP PRO ED AS LEGAL FORM: By: Asst. City Attorney ATTEST; (If Corporation) Sea e w (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRISTI By: Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation Daniel Biles, P.E. Interim Director of Engineering Services CONTRACTOR H2O Construction Services Inc. By: Title: �f 14656 McKenzie Lane (Address) Harlingen, TX 78552 (City) (State)(ZIP) 9561425 -9922 * 9561428 - 7174,: (Phone) (Pax) H NULL, By LVIIJINCIL g �/ J SEC ETAR 1'✓ ,.` .f Page 3 of 3 Rev. Sun -2010 P R O P O S A L F 0 R M F 0 R TURTLE COVE PARK / JESTER DRAINAGE IMPROVEMENTS PROJECT No. E11074 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Addendum No. 2 REVISED Attachment 7 Proposal Form Pagel of 11 Page 1 of 11 P R O P O S A L Place: Date: Proposal of , a Corporation organized and existing under the laws a f the State of OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: TURTLE COVE PARK / JESTER DRAINAGE IMPROVEMENTS PROJECT No. E11074 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- -- wit : REVISED Proposal. Form Page.2 of 11 Addendum No. 2 Attachment 7 Page 2 of 11 TURTLE COVE PARK / JESTER DRAINAGE IMPROVEMENTS PROJECT No. E11074 BASE BID I II III IV V Unit ITEM QTY Description Price Total. Al l LS Mobilization /Demobilization / 0 Bonds, Complete In Place, per k $ /0" O i-r) LS A2 1 LS Site Clearing & Stripping, Complete In Place, p er LS ��© f ` $ � A3 339 SY Sawcut & Remove Existing Asphalt Pavement, Complete In Place, per SY $ A4 105 CY 6" Limestone Base Including Compaction, Complete In Place, per CY I $���i� A5 54 GAL Prime Coat @ 0.15 GAL /SY, 141- Complete In Place, per GAL $ A6 339. SY 2" Minimum HMAC, Type "D," Complete In Place, SY c $ per A7 1.54 AC Erosion Control By Hydromulch Seeding, Complete In Place, L�� $ %�� per AC �— A8 83 LF Remove, Refurbish & Reinstall Existing Cable Fence & Posts, c-- – Complete In Place, per LF 7 $ Addendum No. 2 REVISED Attachment 7 Proposal Fo= Page 3ofII Page 3 of 11 - TURTLE COVE PARK / JESTER DRAINAGE IMPROVEMENTS PROJECT No. E11074 �. BASE BID — I II III IV V ITEM QTY Description Unit Price Total Grout Ends of Existing 18" RCP To Be Abandoned in Place at Station 18 +65 RT, Including Backfilling Ditch A9 1 LS with Base Material as per Plans, Complete In Place, per LS $ Construct Drainage Swale (20' Wide, with Side Slope — A10 3,606 SY 1:10), Complete In place, per S Y $ 61 3 — Remove Trees Within All 5 EA Boundary of Construction, — ct� Complete In place, per EA $ Install 2" Caliber Native Texas Tree Including _ Al2 5 EA Maintenance to Establish Growth, Complete In Place, per EA1�� $�� Restore Project Site Including Area Surrounding A13 1 LS Outfall /Headwall Structure, Complete In Place, per LS _. 18" RCP Including Bedding A14 24 LF and Backfill, Complete In place, per LF $ (� 24" RCP Including Bedding A15 155 LF and Backfill, Complete In 6 place, per LF 7J $ 7 36" RCP Including Bedding A16 1,715 LF and Backfill, Complete In t Place, per LF $ REVISE© Proposal Form Page 4 of 11 Addendum No. 2 Attachment 7 Page 4 of 11 TURTLE COVE PARK / JESTER DRAINAGE IMPROVEMENTS PROJECT No. E11074 BASE BID I II III IV V Unit ITEM QTY Description Price Total Precast Manhole Type "A" (4' Inside Diameter), Nominal A17 1 EA 7.67' Depth, Including Rim, Cover & Concrete Collar, $ Complete in Place, per EA . Precast Manhole Type "A" (6' Inside Diameter),6 -ft A18 1 EA Standard Depth, Including Rim & Cover, Complete In place, per EA ,{ l� Q $� Precast Manhole Type "A" (6' Inside Diameter) Modified, A19 5 EA 6 -ft Standard Depth, Including Grate Inlet & Concrete Apron, Complete In Place, per EA��� A20 2.2 VLF Extra Depth for Storm Manhole, Complete In Place, per VLF $ 2 ZZ) 0 Remove Existing 4" Curb and Gutter, Including Hauling of A21 108 LF Excess Excavated Material, e Complete In Place, per LF $ Y Reconstruct 4" Curb and Gutter Section, Match Existing Curb A22 86 LF and Gutter, Complete In Place,' per LF �� $ Cast In Place Reinforced Concrete Standard 10' Curb A23 1 EA Inlet Structure, Complete In Place, EA per $ Addendum No. 2 REVISED Attachment 7 Proposal Form page 5 of 11 Page 5 of 11 TURTLE COVE PARK / JESTER DRAINAGE IMPROVEMENTS PROJECT No. E11074 BASE SID I II III IV V Unit ITEM QTY Description Price Total Cast In Place Reinforced Concrete "Special," 101 Curb A24 1 EA Inlet Structure, Complete In G Place, per EA $ Trench Safety System for A25 7 EA Manhole Installation, Complete IVA In Place, per EA _ ;,6 $�� Trench Safety System for Storm A26 1850 LF Sewer Installation, Complete In u, Place, per LF - $ �C Control of Groundwater for A27 1962 LF Storm Sewer & Manholes, �4 � Complete In Place, per LF $ Storm Water Pollution A28 1 LS Prevention Control, Complete In p Place, LS�� per $ L.�d_r-�,.� t1d 5" Reinforced Concrete Slope Paving, Including Excavation & A29 120 SY Cement Stabilized Backfill,. Complete In Place, per SY 3/16 "x4 "x131 -0" Stainless Steel Strap with Stainless Steel A30 1 EA Anchor Bolts, Complete In Place, per EA Reinforced Concrete Cap, A31 1.36 CY (Class C Concrete), Complete In Place, per CY Driven 16 "x16" Precast A32 200 VLF Reinforced Concrete Pile, Complete In Place, per VLF raa Addendum No. 2 REVISED Attachment 7 Proposal Form Page 6 of 11 Page 6 of 11 TURTLE COVE PARK / .JESTER DRAINAGE IMPROVEMENTS PROJECT No. E11074 BASE BID I II IIT IV ITEM QTY Description Unit Price. A33 1 EA Reinforced Concrete (Class C) Outfall /Headwall Structure, Complete in Place, per EA $ A34 30 LF Remove 6" AC Waterline, Complete In Place, per LF A35 40 LF Install 6" PVC AWWA C900 Pipe, Complete In Place, per LF ,c �._.' $ A36 40 LF Trench Protection for Waterline Installation, Complete In Place, per LF $ A37 4 LF Install 6 "x45 Degree D.I. Bend, AWWA C151 Pipe, Complete In Place, per LF $� A38 1 LS Remove & Replace'Existing Irrigation Sprinkler System and Sprinkler Heads at Approximately the Same Location, Complete In Place, per LS $ A39 1 LS Traffic Control, Complete In Place, per LSC,�J $ REVISED Proposal Form Page 7 of 11 V Total ls-2�60 49 Li m .doh e� '» PIN ' �.� 066 766 efo- Addendurn No. 2 Attachment 7 Page 7 of 11 TURTLE COVE PARK / JESTER DRAINAGE IMPROVEMENTS PROJECT No. E11074 BASE BID Z II III IV V Unit ITEM QTY Description Price Total A40 1 LS Allowance for Unanticipated Construction Bid Items $ 25, 000 $ 25, 000 REVISED TOTAL BASE BID: (Base Bid Items Al through A40 Including Allowance for Unanticipated Construction Bid Items) Addendum Flo. 2 REVISED Attachment 7 Proposal Form P Page 8 of 11 age 8 of 11 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 ct eliver 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 50 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 bid -, 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 undersigned agrees to complete the work within 120 calendar days from the date designated by a Woz k Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda numbe r) : L <- `Z_ Respectfully submitted: Name:%_ By: (SEAL - TF BIDDER IS ZTRE) a Corporation) Address: (P.O. Box) (Street) (City) (State) (Zip) Telephone: ,*1_ L� NOTE: Do not detach bid from other papers. Fill in with ink and submit complete. with attached papers_ (Revised August 2000) REVISED Proposal Form Page 9 of 11 Addendum No. 2 Attachment 7 Page 9 of 11 i i.. `. F P E R F O R M A N C E BOND STATE OF TEXAS § BOND No. 105719120 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That H2O Construction Services Inc. of the City of Harlingen , County of Cameron , and State of Texas , as principal ( "Principal "), and Travelers Casualty and Surety Company of America , 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 6nto the City of Corpus Christi, a Home Rule municipal corporation of Nueces Coun #y, Texas ( "City" or "OWNER '.), in the penal sum of FIVE HUNDRED FIFTY -FIVE TFIOUSAiND ONE HUNDRED NINETY - SEVEN AND NO1100 U.S_ Dollars ($ 555 997.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 1,3TH of DECEMBER , 2011, which Agreement is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein, for the construction ofd TURTLE COVE PARK/ JESTER DRAINAGE IMPROVEMENTS PROJECT NO. E11074 (TOTAL BASE BID: $5.55,197.00) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and/or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration. or addition to the terms of the contract, or to the work performed thereunder, or to the plans, . specifications, drawings, etc_, accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev Date May 201 1) 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, venues 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 9th day of January .20 12 PRINCIPAL SURETY Travelers C y nd H2O Construction Services, Inc. Surety P o America gy, By: _ - Attorney -in- ct xevin McQuaan Title _ ATTMT -. Secr Pala,� AdClres5_ 14656 McKenzie Lane Harlingen, TX 78.552 Address: 4650 Westway Park Blvd. Houston, TX 77041 Telephone: 28.1-606-8400 Fax: 281 -606 -8436 E -Mall: kevin.mcquain@chsinc.com .(Rev. Late May 2011) Performance Bond rage 2 of 3 Name and address of Resident Agent of Surely in Nueces County, Texas, for delivery of notice and service of process: Name. Kevin Keetch Agency: Keetch and Associates Insurance Address: 1718 Santa Fe Street (Physical Street Address) Corpus Christi, TX 78404 (City) (State) Telephone: 361-863-3803 E -Mail: kevink @keetchassociates.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 Band must not be prior to date of contract. END (Rea. Date. May 2011) Performance Bond Page 3 of 3 f { 9 PAYMENT BOND STATE � F TEXAS § BOND No. 105719120 ` COUNT( OFNUECES § ; I NOW LL SY THESE PRESENTS- Tat H2O Construction Services - Inc. of the City of Harlingen County of Camern; and State of Texas as principal ( "Principal "), and i I -rave, ers. casualty and Surety Comp a solvent company . 4 my au horized under the laws of the State of Texas to act as surety on bonds for ''' (ancipa s ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home le- t nicipal corporation of Nueces County, Texas ( "City" or "OWNER "), and ;unto all S:ubc ni actors; workers, laborers, mechanics and suppliers as their interests may �;ppear,. all of whom shall have a right to sue upon this bond in the penal sum of :_FIY NDRED FIFTY -FIVE THOUSAND ONE HUNDRED NINETY -SEVEN AND k N4I100 F U.S. Dollars ($ 555,197.00 U.S.) to be paid in Nueces County, Texas, for the ,`paymen 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 w "ritten contract with the City of Corpus Christi (OWNER), dated the 13TH day of DECEMBER, 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: i TURTLE COVE PARKI JESTER DRAINAGE IMPROVEMENTS PROJECT NO. E11074 (TOTAL BASE BID: $555,197.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and. "truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies tp 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 tv 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) Payment Bond Page 1 of 3 i Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. f Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. V� 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 ;I Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this War instrument in 4 copies, each one of which shall be deemed an original, this the - 9th day of January , 20•_12 PRINCIPAL SURETY' Travelers 1 y nd Surety' H2O Construction Services, Inc. Company f e a By ! y ttorney -in- Ct Kevin Mcd aan . . :. zT Title',.. ATTEST: Secre ary -- — 1.4656 McKenzie Lane Address: 4650 Westway Park Blvd. Address -1— ._ Houston, TX 77041 � Harlingen, TX 78552 281-606-8400 I Fax. 281 -606 -8436 E -Mail . kevin . me uq ainr9cYi�-,Qm V Pa ment Bond Page 2 of 3. Rev: Date May 2011 �" i l Nameond address of Resident Agent of Surety in Nueces County, Texas, for delivery of I noticeAnd service of process: i Name. Kevin Keetch Agency Keetch and Associates Insurance Address: 1718 Santa Fe Street (Physical Street Address) Corpus Christi TX 78404 (City) (State) (Zip) Telephone: 361 -883 -3803 -^ E- Mail kevink @keetchassociates.com Note: Bond shall be issued by a solvent Surety company authorized to do I usiness 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 WARNING: WITHOUT THE RED BORDER AdW POWER OF ATTORNEY TRAVELERS .1 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 222639 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 004634113 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies " ), and that the Companies do hereby make, constitute and appoint Rosalyn D_ Hassell, Elaine Lewis, Kevin McQuain, Justin McQuain, Rhesa F. Boulton, and Scott D. Chapman of the City of The Woodlands , State of Texas , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of, guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or, proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of December 2011 Farmington Casualty Company Fidelity and Guaranty Jnsdrance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 12th St. Pauli Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 0'Qi! P COkPQRkTF. �: PCRgr'nn: 9F., °� �% 1 9 6 2�' O � � 9� � '" i : m f ••• . n . a HAiiTApRD, < tNRiF6F9, � 1996 -+ x n ° �•. n1 1: o WNN. w� q�• i i9$j �;SE AI,, %c. � ^,aBAL;'3� ., o 5� ".'+ECfF'�aD �� �YSL E ��- �o•'�•- ......J�L,E r a:... _ . �a bb l�r . W `.� y y h Sm NG .1$ r AN J .�5...... .[ � �,P �1.• State of Connecticut City of Hartford ss. By: 4 Georg Thompson, enior zce President On this the 12th day of December 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, -being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal.' My Commission expires the 30th day of June, 2016. 58440 -6 -11 Printed in U.S.A. ATTORNEY IS INVALID Marie C. fetreault, Notary Public WARNING; THl3 POWER OF ATTORNEY IS INVALID WITHoUTTHE This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Umted'S.tates Fidehty`.and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,'which is in full force "and' effect and has not been revoked. IN TESTIMONY VVHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of January 2012 Kevin E. Hughes, Assistant Sec tary 1 coy�.p1N°!a4I!rcn ,+SEAL n, P \$83Lk �arr3 on '� f a W a g Jrpv1a.rTAY rFN AaNNA.� O O d, G e s� c < �i%_ 6 _' ^t ,r Y� jthYt,t� tt ♦g .. � T� �i Hya To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. IRf1i:C911H CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No,: Turtle Cove Park/Jester Drainage Im rovements E11074 Surety Company: Travelers Casualty and Lurety Com an of Amerlca LadieslGentiemen: Richard W. Sauer, assert Name of officer oaf' Sur2t aand P , hereby certify I, Ace intExecutive, Officer —f the facsimile power of attorney submitted by Kevin MCUUaln (Insert Name OfAttorney-In- that w h �aet for H2O Construction 5eruices Inc. �r�s�er#C annPiame:&Canira�tesr�, a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety in the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: 2012. City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this 13th day of Title: Account Execut ire O �cer Sworn and subscribed to before me on this 13th _ _ day of lanuary CHERYL M. TOLER 9WCWMExp,May9,2D15 Noary Pubkc STATE OF TEXAS (Revised 2190) r Notary Fub is State of exas My Commission Expires: Mav 9 205 A, NN 2E E t i RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No,: Turtle Cove Park/Jester Drainage Im rovements E11074 Surety Company: Travelers Casualty and Lurety Com an of Amerlca LadieslGentiemen: Richard W. Sauer, assert Name of officer oaf' Sur2t aand P , hereby certify I, Ace intExecutive, Officer —f the facsimile power of attorney submitted by Kevin MCUUaln (Insert Name OfAttorney-In- that w h �aet for H2O Construction 5eruices Inc. �r�s�er#C annPiame:&Canira�tesr�, a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety in the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: 2012. City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this 13th day of Title: Account Execut ire O �cer Sworn and subscribed to before me on this 13th _ _ day of lanuary CHERYL M. TOLER 9WCWMExp,May9,2D15 Noary Pubkc STATE OF TEXAS (Revised 2190) r Notary Fub is State of exas My Commission Expires: Mav 9 205 IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toll - free telephone number for information or to make a complaint at: 1- 800 - 328 -2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 -252 -3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http://www.tdi.state.tx.us E -mail: ConsumerProtection tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN- 042 -B) Ed. 10.18.07 P A Y M ENT BOND STATE OF TEXAS § BOND No. COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That H2O Construction Services Inc. of the City of _Harlingen , County of Cameron, and .State of Texas as principal ( "Principal "), and , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of FIVE HUNDRED FIFTY -FIVE THOUSAND ONE HUNDRED, NINETY -SEVEN AND N0I100 U.S. Dollars ($ 555,197.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 13TH day of DECEMBER, 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: TURTLE COVE PARK/ JESTER DRAINAGE IMPROVEMENTS PROJECT NO. E11074 (TOTAL BASE BID: $555,197.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Payment Bond Page 1 of 3 i i. Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one. of which shall be deemed an original, this the day of , 20_. PRINCIPAL SURETY By: Title: ATTEST: Secretary Address: Rev. Date May 2011 Bv: Attorney -in -fact Address: Telephone: Fax: E -Mail: Payment Bond Page 2of3 Name and address. of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Agency: Address: (Physical Street Address) (City) (State) (Zip) Telephone: E -Mail Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 PERFORMANCE BOND STATE OF TEXAS § BOND No. COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That H2O Construction Services Inc. of the City of Harlingen , County of Cameron , and State of Texas , as principal ( "Principal "), and a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of FIVE HUNDRED FIFTY -FIVE THOUSAND ONE HUNDRED NINETY -SEVEN AND NO/100 U.S. Dollars (I 555.197.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 13TH of DECEMBER , 2011, which Agreement is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein, for the construction of: TURTLE COVE PARK/ JESTER DRAINAGE IMPROVEMENTS PROJECT NO. E11074 (TOTAL BASE BID: $555,197.00) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and/or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond,.and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the day of 20 PRINCIPAL SURETY By: Title: ATTEST: Secretary By: Attorney -in -fact Address: Address: Telephone: Fax: E -Mail: (Rev. Date May 2011) 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: Agency: Address: (Physical Street Address) (City) (State) (zip) Telephone: E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall. meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 f SUPPLIER NUMBER TO BE ASSIGNED BY_C Y PURCHASING DIVISION ,rw amity �£ CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME P. O. BOX: STREET ADDRESS: FIRM IS: A/ 7- b 1. Corporation 4. Association CITY: /.� ZIP: 22.�Partnership ❑ 3. Sole Owner ❑ ❑ 5. Other ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) /ham 2. State the names of each "official" of the City of Carpus Christi having an `ownership interest' constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership 'interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant Addendum No. 2 REVISED Attachment 7 Proposal Form Page 10 of 11 Page 10 cf 11 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action wit I confer an economic benefit on any City official or employee that is distinguishable from the effec- t that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: . (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit'. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part - time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Addendum No. 2 REVISED Attachment 7 Proposal Form Page 11 of 11 Page 11 of 11 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE.(MM1DDrfYYY) DD'E. 01/06/2012 PRODUCER THE KLEMENT AGENCY P.O. BOX 820 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 PROSPER TX 7507$ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # (972) 562 -7455 INSURED - INSURER A: 0911212012 INSURER B: $ H2O Construction Services, Inc. P.O. Box 532845 Harlingen TX 78553 INSURER C: INSURER D. X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'E. POLICYEFFECTIVE POLICY EXPIRATION LIeu1T5 A GENERAL LIABILITY r+ A t1 .PIOLICYANUIxBER CL4209 13119 09/12/2011 0911212012 EACH OCCURRENCE $ DAMAGD IR f TO RENTE X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR MED EXP A one rson $ - PERSONAL & ADV INJURY mam GENERALAGGREGATE V 9 no GEWLAGGREGATELIMITAPPLIESPER: PRODUCTS- COMPIOPAGG $ 7 X POLICY PRO- ipm LOC B AUTOMOBILE LIABILITY ANY AUTO 05565767 -5 - 12/13/2011 12113120 COMBINED SINGLE LIMIT (Ea acciderrt) $ 1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY (Per am-;dent) $ HIREDAUTOS NON -OWNED AUTOS - PROPERTYDAMAGE ;Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FI CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION WORKERS COMPENSATION AND WC STATU- bTH- EMPLOYERS' LIABILITY ANY PROPRIETORWARTNERIEXECUTI VE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFRCERIMEMBER EXCLUDED? - N -yes; desuibe under P IAL P SI H below E.L. DISEASE - POLICY LIMIT C DTHER INLAND MARINE COVERAGE EG67314585 -03 03/06/2011 03/0612012 RENTED EQPT. 150,000 SCHEDULED LIMIT 10,000 DEDUCTIBLE. 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT i SPECIAL PROVISIO PROJECT. #E11074 TURTLE COVE PARK/ JESTER DRAINAGE IMPROVEMENTS THE CITY.OF CORPUS CHRISTI IS NAMED AS ADDITIONAL INSURED ON ALL GENERAL LIABILITY AND ALL AUTO LIABILITY POLICIES. 30 DAY NOTICE OF CANCELLATION APPLIES TO ALL POLICIES.' CITY OF CORPUS CHRISTI ENGINEERING SERVICES ATTN: CONTRACT ADMINISTRATOR PO Box 9277 CORPUS CHRISTI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING, INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 $HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR TX 78469- I AUTHORIZED REPRESENJIVE ACORD 25 (2001108) Fax: ( ) _ tiOACORD CORPORATION 1988 ,sic R CERTIFICATE OF LIABILITY INSURANCE FOA�TE MI�'D � """' 04/2012 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE KLEMENT AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0 $OX 820 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURER , PROSPER. TX 75078 (972) 562 -7455 One Stop Staffing LLC 13055 East Washington Harlingen TX 78550- INSURERS AFFORDING COVERAGE I NAIC # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 155UEU I I Ht IINSUMLL) NAMtU AtAPHt VUK I rte d 0ul T rtrcrOU INUIUA I r-U. RV i M I NO I ANUINU 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 - rrlrC Ar_r_ocnATr- I RAITC CL.INAW aenV I.IAVC RCCA1 RFI]I ICFC1 PtY PAin CI AIMS_ - INSR DD' - POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A - GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 4031125751 1110112011 11/011201 EACH OCCURRENCE $ 1-000,000 DAMAGE TO RENTED $ 1 CLAIMS MADE FX� OCCUR MED EXP (Any. one arson PERSONAL& ADV INJURY S GENERAL AGGREGATE $ 2,000.000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOP AGG 11 1 000 000 POLICY X PRO- 17 LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ . PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG EXCESS f UMBRELLA LIABILITY XBS0019456 1211612011 12! 1 1612012 EACH OCCURRENCE - AGGREGATE $ 1,000,000 X OCCUR J r CLAIMS MADE - DEDUCTIBLE RETENTION I $ B WOPXERS COYMNSATION AND EMPLOYERS' LIABILITY IN ANY PROPRIETORIPARTNERIEXECUTIVE Y❑ TSF- 0001196237 -2010 1.110412011 11/04/2012 X VJC STATU- OTH- E.L. EACH ACCIDENT $ 1.000,000 E.L. DISEASE - EA EMPLOYEE $ V 1,00-0,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, descPnbeV nde be, E.L. DISEASE - POLICY LIMIT $ .1,000,000 OTHER ON DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSERIENT f 5FWAAL rnvvfw a PROJECT: #E11074 TURTLE COVE PARK/ JESTER DRAINAGE IMPROVEMENTS THE CITY OF CORPUS CHRISTI IS NAMED AS ADDITIONAL INSURED ON ALL GENERAL LIABILITY AND ALL AUTO LIABILITY POLICIES. 30 DAY NOTICE OF CANCELLATION APPLIES TO ALL POLICIES. H2O CONSTRUCTION IS ALSO LISTED AS AN ADDITIONAL INSURED CITY OF CORPUS CHRISTI 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, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTA71VE B ACORD 25 (2009101) Fax: ( ) - v Tyco -cuuy ALIUMu "An 'Vry I awn.. a.y..w The ACORD ACORD name and logo are registered marks of ACORD ESSEX INSURANCE COMPANY COMMERCIAL GENERAL- LIABILITlf Policy Number: CL4 20 913119 ,f THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. V ADDITIONAL INSURED ENDORSEMENT "his endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 'RODUCTSICOMPLETEDOPERATIONS COVERAGE FORM _IQUOR LIABILITY COVERAGE FORM 'ROFESSIONAL LIABILITYCOVERAGE please refer to each coverage form to determine which terms are defined. Words shown in quotations on this indorsement may or may not be defined in all coverage forms. SCHEDULE Person or Entity: city of Corpus Christi Engineering Department 1201 Leopard St, Corpus Christi, TX 78401 Interest of the Above: � Project: E11074 Turtle Cove Park/ Jester Drainage Additional Premium: $ 100.00 (Check box if fully earned. I) WHO IS AN INSURED is amended to include the person or-entity shown in the Schedule above as an Additional Insured under this insurance, but only as respects negligent acts.or omissions of the Named Insured and. only as respects any coverage not otherwise excluded in the policy. Our agreement to accept an Additional Insured provision in a contract is not an acceptance of any other. provisions of the contract or the contract in total. When coverage does not apply for the Named Insured, no coverage or defense shall be afforded to the Additional Insured. No coverage shall be afforded to the Additional Insured for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the Additional Insured to indemnify another because of damages arising out of such injury or damage. All other terms and conditions remain unchanged. MEGL 0009 04 11 Includes copyrighted material of Insurance Services Office, Inc. with its Page 9 of 1 permission. -- ...._. -,_ __ r_ POLI CY NUMBER: CL42U9191 19 COMMERCIAL GENERAL LIABILITY CG 02 05 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES -AMEN DM ENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE T is 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 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 J. Name: city of Carpus Christi Engineering Department 2. Address: 1201 Leopard St, Corpus risti, TX 78401 3. Number of days advance notice: 30 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Project: E 11074 Turtle Cove Park/ Jester Drainage CG 02 05 01 96 Copyright, Insurance Services Office, Inc., 1994 Page'7 of 1 ENGLISH INS AGY INC PO BOX 820 PROSPER, TX 75078 1 -972- 562 -7455 Certificate of Insurance Certificate holder insured ....... ........................ Additional Insured H2O . . .. . CONS TR . UC . . TION, . IN . . C. CITYOFCORPUSCH,,,, P.O. BOX 532845 1201 LEOPARD ST HARLINGEN, TX 78553 CORPUS CHRIST, TX 78401 PROGREX -flyE® Policy number. 05565767 -5 Underwritten by' Progressive County Mutual fns Co January 26, 2012 Page 1 of 1 Agent ............ ............................... ENGLISH INS AGY INC PO BOX 820 PROSPER, TX 75078 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. ................................................................................................ ... ............ ................................................. ........... Policy Effective Date: Dec 13, 2011 Policy Expiration Date: Dec 13, 2012 Insurance coverage(s) Limits Bodily Injury/Property Damage $1,000,000 Combined Sin le Limit UninsuredlUnderinsured Motorist $30,0001$60,000 . .. ...... ... ........................................................................................................................................... ............................... Uninsured Motorist Property Damage $25,000 wl$250 Ded Description of Location/Vehicles/Special Items Scheduled autos only ... ............................... ................................................................................................. ............................... 2007 MiAZDA 62300 4F4YR12D07PM00793 Personal Injury Protection $2,500 Comprehensive $1,000 Ded Collision $1,000 Ded Certificate number 02612ARE767 Please be advised that additional insureds and loss payees will be notified in the event of a mid -term cancellation. Form 5241 (10/02) MPENSATION AND JeXASM Ut d WORKERS' A ILITY NSUR N E PO CY EMPLOYERS Insttr =comp tly WC 42 06 01 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 of 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 1201 LEOPARD ST PRJ. E11074 TURTLE CV PRK /JESTER ORAINAG CORPUS CHRISTI, TX 78401 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective an January 13, 2012 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0001196237 20 11 1104 ofthe Texas Mutual Insurance Company Issued to ONE STOP STAFFING LLC t7BA ; ONE STOP STAFFING Endorsement No. 1 Premium $ 0.00 Authorized Representative WC420601 (ED. 1 -94) INSURED'S COPY L.XHAMILT 1 -23 -2012 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 01 The policy to which this endorsement is attached is amended as shown below: Added WC420601(Texas Material Change Endorsement) in favor of: CITY OF CORPUS CHRISTI This endorsement changes the policy to which It is' attached effadive on the inception date of the policy unless a different date is indicated below. (The roilowing "attaching clause" need be completed only when this endorsement is d subsequent to preparation of the policy.) This endorsement, effeclive on January 13, 2012 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0001196237 201 11104 ofthe Texas Mutual Insurance Company Issued to ONE STOP STAFFING LLC DEA: QNE STOP STAFFING Endorsement No. 1 Premium$ 0.00 Authorized Representative WC990301 (ED, 1 -94) INSUREW S COPY LKHAMILT 1 -23 -2012 Texasmutd ImmamCmIpiny EXTENSION OF INFORMATION PAGE PAGE 2 NAME AND ADDRESS OF INSURED ONE STOP STAFFING LLC USA: ONE STOP STAFFING 1305 E WASHINGTON AVE HARLINGEN, TX 78550 -5684 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ENDORSEMENT SCHEDULE POLICY NUMBER TSF- 0001195237 20111104 ISSUE DATE 1 -23 -2012 EDITION DATE 1 -01 -2008 3 -25 -2003 8 -20 -2001 1 -01 -2008 1 -01 -2008 7- 01--2011 1 -01 -1994 1 -01 -1994 1 -01 -1994 1 -01 -1994' 1- 01- -213110 3 -23 -2002 1 -02 -2003 1-01 -1994 This endorsement changes the policy to which it is attached effective'on the inception date of the policy unless a different date is indicated below. (The following "attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy,) This endorsement, effective on January 13 , 2012 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0001196237 20111104 /oftheTexas Mutual Insurance Company Issued to ONE STOP STAFFING LLC DBA: ONE STOP STAFFING Endorsement No. 1 .* Premium $ 0.00 —,e /A/ Authorized Representative WC000001A(ED.7 -11.1 INSURED'S COPY LXHAMILT 1 -23 -2012 ITEM 3D * ENDORSEMENT SCHEDULE STATE NUMBER DESCRIPTION 42 TM -LRC -2008 LIMITED REIMBURSEMENT COVERAGE 42 PC -2003 POLICY CONDITIONS ENDORSEMENT 42 TM -MV -2001 MUTUAL ENDORSEMENT FORM 42 TM- TRIPRA -2008 TERRORISM RISK INSURANCE PROG 42 TM -TPE -2006 TERRORISM PREMIUM ENDORSEMENT 42 WCOO 00 DOB WORKERS COMPENSATION AND EMPLO 42 WC00 00 01A WORKERS COMPIEMPLOYERS LIAR 42 WCOO 03 01 ALTERNATE EMPLOYER 42 WC00 03 01 ALTERNATE EMPLOYER 42 WC00 03 02 DESIGNATED WORKPLACE EXCLU 42 WCOO 04 06 PREMIUM DISCOUNT 42 WC42 03 01F TEXAS AMENDATORY 42 WC42 - 04 07 AUDIT PREMIUM ENDORSEMENT 42 WC42 04 08 NETWORK DISCOUNT 42 WC42 06 01 TX NOTICE OF MATERIA SPEC EDITION DATE 1 -01 -2008 3 -25 -2003 8 -20 -2001 1 -01 -2008 1 -01 -2008 7- 01--2011 1 -01 -1994 1 -01 -1994 1 -01 -1994 1 -01 -1994' 1- 01- -213110 3 -23 -2002 1 -02 -2003 1-01 -1994 This endorsement changes the policy to which it is attached effective'on the inception date of the policy unless a different date is indicated below. (The following "attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy,) This endorsement, effective on January 13 , 2012 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0001196237 20111104 /oftheTexas Mutual Insurance Company Issued to ONE STOP STAFFING LLC DBA: ONE STOP STAFFING Endorsement No. 1 .* Premium $ 0.00 —,e /A/ Authorized Representative WC000001A(ED.7 -11.1 INSURED'S COPY LXHAMILT 1 -23 -2012 T X2SMutual° mmcwpaw ONE STOP STAFFING LLC D6A: ONE STOP STAFFING 1305 E WASHINGTON AVE HARLINGEN, TX 78550 -5684 REF: TSF -0001 196237 User ID: LXHAMILT ENDTINS PGH19199)