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HomeMy WebLinkAboutC2012-171 - 4/24/2012 - Approved2012 -171 M2012 -081 4/24/12 H2O Construction Services Inc. S P E C I A L P R O V I S I G _. .. S P E C I F I C A T I O N S A N D F O R M S O F CONTRACTS AND BONDS F O R CORPUS CHRISTI NORTH BEACH" PROMENADE NORTHWARD EXTENSION (BOND 2008) RE —BID PREPARED BY: Wright Architects John Wright, AIA 910 Oriole Street Corpus Christi, Texas-78418 Phone: 361/774 -7669 Fax: 361/657-0183 FOR: DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880 -3501 PROJECT NO: 3393 DRAWING NO: CP -183 1 (Revised-7 /5/00) • CORPUS CHRISTI NORTH BEACH PROMENADE NORTHWARD EXTENSION (BOND 2008) RE -BID PROJECT NO. 3393 Table of Contents NOTICE TO BIDDERS (Revised 7 /5/00) NOTICE TO CONTRACTORS -A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS -8 (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 .Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda .A--10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A-13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Officc (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Staking • A-20 Testing and Certification A -21 Project Signs A--22 Minority /Minority Business Enterprise Participation Policy A-23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds A 25 Salc3 Tam Exception (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A 27 Rc3ponsibility for Damagc Clattho (NOT USED) A-28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended "Policy on Extra Work and Change Orders" A -32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A -34 Precedence of Contract Documents (NOT USED) -A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities TABLE OF CONTENTS PAGE 1 OF 3 • • - - - - - - (NOT USED) A-40 Amendment to Section B -8 -6: "Partial Estimates" A 41 Ozone Advi3ory (NOT USED) A -42 OSHA Rules & Regulations A-43 Amended "Indemnification and Hold Harmless" (9/98) A -44 Change Orders (4/26/99) A-45 As- Built Dimensions and Drawings (7/5/00) A -45 D.opooal of Highly Chlorinated Water (7/5/00) (NOT USED) A -47 Pre - Construction Exploratory Excavations (7/5/00) A-48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress A -51 Storm Water Pollution Prevention Plan A-52 Electronic Proposal Form PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PARTS - STANDARD • SPECIFICATIONS 021 SITE PREPARATION 021080. Removing Old Structures 855 022 EARTHWORK 022420 Silt Fence S97 0256 CONCRETE WORK 025612 Concrete Sidewalks and Driveways 553 SECTION 030 - CONCRETE, GROUT 030020 Portland Cement Concrete S40 032020 Reinforcing Steel S42 038000 Concrete Structures 541 PART T - TECHNICAL SPECIFICATIONS . 015 STORMWATER POLLUTION PREVENTION PLAN 015700 Stormwater Pollution Prevention Plan 028 SITE IMPROVEMENTS & LANDSCAPING 028061 Landscaping 028100 Irrigation System 060 CARPENTRY & MILLWORK 061200 Shade Canopy Structure 100 SPECIALITIES 104000 Educational Plaques 105000 Accessible Beach Mats 106000 Tables & Benches 108000 Drinking Fountains 150 PLUMBING 154100 PLUMBING FIXTURES TABLE OF CONTENT'S - PAGE 2 OF 3 LIST OF DRAWINGS: SHT.NO. DESCRIPTION 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Title Sheet Estimated Quantities, Legend & General Notes Location Map Promenade Promenade Promenade Promenade Promenade Promenade Promenade Promenade Landscape Landscape Landscape Landscape Landscape Landscape Concrete Concrete Concrete Concrete Concrete Concrete Concrete Details & Irrigation & Irrigation & Irrigation & Irrigation & Irrigation & Irrigation Pavement Pavement Pavement Pavement Pavement Pavement Pavement Plan Plan Plan Plan Plan Plan - Sheet I of 7 - Sheet 2 of 7 - Sheet 3 of 7 - Sheet 4 of 7 - Sheet 5 of 7 - Sheet 6 of 7 - Sheet 7 of 7 - Area 1 - Area 2 - Area 3 - Area 4 - Area 5 -- Area 6 Landscape Notes & Details Irrigation Notes & Details Elevated Pavilion Plans & Details and Shade Structure Plans & Details 21. Pavilion and Elevated Boardwalk Details NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TABLE OF CONTENTS PAGE 3 OF 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: CORPUS CHRISTI NORTH BEACH, PROMENADE NORTHWARD EXTENSION, (BOND 2008) RE -BID, PROJECT NO, 3393 is a tourist area improvements project which consists of construction of approximately 41,000 SF of new 10' wide concrete sidewalk (Promenade), approximately 2,160 SF of elevated wood walkway, shade structures, benches, educational plaques, accessible beach mats, drinking fountains, landscaping and irrigation which includes planting various species of trees and shrubs and placing boulders as shown on the plans and called for in the specifications and contract documents. will be received at the office of the City Secretary until 2 :00 p.m. on Wednesday, February 29, 2012, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for Wednesday, February. 22, 2012 at 10:00 A.M. The pre -bid meeting will convene at the Engineering Services Main Conference Room, 3rd Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. The meeting will be conducted by the City and include a discussion of the project elements. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the. City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be . obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Daniel Biles, P.E. Interim Director of Engr. Services /s/ Armando Chapa City Secretary NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 200.9 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OE INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Farm 2. Premises.- Operations 3. Explosion and Collapse Hazard 4. underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact .for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT rr REQUIRED X NOT REQUIRED BUILDERS' RISK. See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named :as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer; providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall. provide to the. City the other endorsements to insurance policies or coverages which are specified in section B -6 -I1 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 - NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 I.. Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction—Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage — Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §40 L01 1(44). (5) Coverage agreement A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act)—With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing Iabor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project—Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or constriction 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 froth the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and Q3) 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 ofthe project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end ofthe coverage period, a new certificate of coverage showing extension of coverage, lithe coverage period shown on the contractor's current certificate of coverage ends during the duration of the project (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration ofthe project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any. person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration ofthe project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration ofthe project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project and (13) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the Project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project and (11) 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 whonn 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 L (h) The coverage requirement in this tule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 1288110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or .delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.11 Q(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 (1 WCC-81, TWCC- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such US/cod/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the 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 o f coverage with the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project_ Page 9 of 11 L I.. L. I.,,.:... 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 ofcoverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project for the duration of the project; (3) provide the contractor, prior to the end of the coverage period a new certificate ofcoverage 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 ofcoverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates ofcoverage on file for the duration of the project and far 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 ofcoverage, 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 SellJ 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 failitre to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project.' Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2 :00 p.m., Wednesday, February 29, 2012.Proposals mailed should be addressed in the following manner: City of Corpuo Chrieti City Secretary's Office City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL -- CORPUS CHRISTI NORTH BEACH, PROMENADE NORTHWARD EXTENSION, (BOND 2008) RE -BID, PROJECT NO. 3393 A pre -bid meeting will be held on Wednesday, February 22, 2012, beginning at L0 :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 CORPUS CHRISTI NORTH BEACH, PROMENADE PROJECT NO. 3393 is a tourist area construction of approximately 41,000 (Promenade), approximately 2,160 SF of benches, educational plaques, accessible and irrigation which includes planting placing boulders as shown on the plans contract documents. NORTHWARD EXTENSION, (BOND 2008) RE -BID, improvements project which consists of SF of new 10' wide concrete sidewalk elevated wood walkway, shade structures, beach mats, drinking fountains, landscaping various species of trees and shrubs and and called for in the specifications and 1. Base Bid A, promenade improvement consisting of approximately 41,000 SF of 10' wide boardwalk, 975 SF of accessible beach matting,. 2 drinking fountains, 7 concrete benches, landscaping and irrigation, elevated wood walkway and 1 elevated wood shade structure pavilion. 2. Additive Alternate Al, Landscape Boulders. 3. Additive Alternate A2, Pedestrian Improvements along sidewalk / promenade including 7 shade structures with concrete pads, 2 concrete pads at existing shade structure canopies. A -4 Method of Award The bids will be evaluated based on the following order of priority, availability of funds: 1. Total Base Bid (or) 2. Total Base Bid Plus any or all additive alternates subject to the The City intends to award the lowest Base Bid A and selected Additive Alternates to one contractor.' The City reserves the right to reject any or all bids, to waive irregularities and Section A - SP (Revised 9/18/00) Page 1 of 21 to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference CORPUS CHRISTI NORTH BEACH, PROMENADE NORTHWARD EXTENSION, (BOND 2008) RE -BID, PROJECT NO. 3393 as identified in the Proposal.) (A Cashier's Check, certified check, money order or bank draft or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion. /Liquidated Damages The working time'for completion of the Project will be: 1. Base Bid A - 2. Additive Alternate Al 3. Additive Alternate A2 4. Base Bid A + Additive Alternate Al & A2 - from any State 120 calendar days 10 calendar days 30 calendar days 160 calendar days The Contractor shall commence work within ten (10) calendar days after receipt of written notice to proceed from the Director of Engineering Services or designee ( "City Engineer "). 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, $500.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor 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. Section A - SP. (Revised 9/18/00) Page 2 of 21 In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has. been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate . space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to. acknowledge receipt,' and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference 'and wage rates for Construction Type(s): Highway In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales - The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day,. or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1 -1/2) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any.one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty - eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Dig Tess at 1- 800 -344 -8377, the Lone Star Notification Company at 1 -800- 669 -8344, and the Verizon Dig Alert at 1- 800 -483 -6279. For the Contractor's convenience, the following telephone numbers are listed: Section A -- SP (Revised 9/18/00) Page 3 of 21 City Engineer A/E Project Architect, John Wri Wright Architects Traffic Engineer Police Department Water Department Wastewater Services Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAID) 826 -3500 ght, AIA 774 -7669 fax: 657 -0183 826 -3547 886 -2600 826 -1881 (826 -1888 after hours) 826 -1800 (826 -1888 after hours) 885 -6900 (885 -6900 after hours) 826 -1875 (826 -1888 after hours) 826 -3461 826 -1940 1- 877 -373 -4858 881 -2511 (1 -800 -824 -4424 after hours) 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972/753 -4355 826 -3547 (857 -5060 after hours) (Pager 800- 724 - 3624) (Pager 888- 204 -1679) (Pager 850 - 2981) (Mobile) A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work_ as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the'services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown or not shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface, and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All-weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. Section A - SP (Revised 9/18/00) Page 4 of 21 The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb lines must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into the storm sewers is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. °Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The . dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc.; are to be considered subsidiary to the appropriate bid item; therefore, no direct payment will be made to the Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to the Contractor. A -17 Field Office {NOT USED) The Contractor murt furnish the City Engineer or his representative with a field Contractor. Thcrc is no separate pay item for the field office. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre construction meeting. Section A — SP (Revised 9/18/00) Page 5 of 21 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 workday 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 Staking The drawings depict lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. The major controls and benchmarks required for setting up a project, if not shown on the drawings, will be provided by the A/E Consultant. The Contractor will furnish lines, slopes and measurements on the ground 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 A/E Consultant 48 hours notice so that alternate control points can be established by the A/E Consultant as he deems necessary, at no cost to the Contractor. Control points or benchmarks damaged as a result of the Contractor's negligence will be restored by the A/E Consultant 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 Engineer prior to deviation. If, in the opinion of the City Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City 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 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 a dep of »t --eet on a 200' interval; Wa tow_te_: Section A - SP (Revised 9/18/00) Page 6 of 21 • All rim /invcrt cicvationa at manholca; • A11 interaccting linco in manholca; Water: • All top of valve boxes; • Valve vault rims. Stormwater: • All intcroccting lint° in manholca. A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs The Contractor must install two (2) Project signs as furnished by the City and as indicated in Attachment I. .The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the sign will be determined in the field by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. 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 Section A - SP (Revised 9/16/00) Page 7 of 21 actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) Fora sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the- assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% 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 Contractors aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent). 45 % 15 % b. These goals are applicable to all the construction work (regardless of Section A - SP (Revised 9/18/00) Page 8 of 21 federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of VIBE 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 to the Contractor for failure to submit bi- weekly payrolls in a .timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Section B-6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees.and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Sure y Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety. Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capital and surplus_ For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." Section A - SP (Revised 9/18/00) Page 9 of 21 A -25 Sales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) Section B G 22, Tax Exemption Provision, is deleted in itc entirety and thc following Mubstitutcd in.licu thereof. Contracts for improvement to real property awarded by thc City of Corpus Christi do not qualify €er exemptions of Sal-es, Excise, and Usc Tics unless thc Contractor or such other rules or regulation- Public Accounts of Tcxaa. - - as may be promulgated by thc Comptroller of If thc Contractor elects to eperatc under a separated contract, he shall: ry sales tax permits from thc Ctatc Comptroller. 2. Identify in the appropriate space on thc "Statement of Materials and Other into the Project. 3. Previdc resale certificates to suppliers. 1 Provide thc City with copies of material invoices to substantiate the prepocal value of materials. If the Contractor doca not elect to operate under a separated contract, he mast pay for all Salcs, Excise, and Use Taxcc applicable to this Project. certificate to his supplier. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -l1 of the General Provisions, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material Chance to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contracts 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. Section A - SP (Revised 9/18/00) Page 10 of 21 For each insurance coverage provided in accordance with Section B -6 -11 of the General Provisions, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6-11 (a) of the General Provisions, the Contractor shall obtain an endorsement to this coverage stating: "Contractor agrees to indemnify, save harmless and defend the City, its agents, 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) ttiragraph (a} Central Liability of Section B 6 11 of the Cenral Provisions io amended to include: Contract up to and including the date the City finally accepts the Project or work. Installation floater coverage mutt be an "All Risk" form. Contractor muat pay all A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any Outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration. Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. Section A - SP (Revised 9/18/00) Page 11 of 21 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 the day -to -day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural submittal process, federal and state wage rate requirements, and 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 matters 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 or foreman 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 of the General Provisions. A -30 Amended '°Consideration of Contract Requirements Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -3 -1 "Consideration. of Contract", add the following text: '^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 or Base Bid plus any combination of Additive Alternates, subject to the availability of funds) 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 9/18/00) Page 12 of 21 L L L., 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 -I3 of the General Provisions. 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference. 8. Documentation required pursuant to Special Provision A -28 concerning "Considerations for Contract Award and Execution" and Special Provision A -29 concerning "Contractor's Field Administration Staff ". 9. Documcntation ac rcquircd by Cpccial Provioion A 35 Y.., if appli ablc. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state (i.e.., Texas or other state), Corporation or Partnership, and name(S) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity." A -31 Amended "Policy on Extra Work and Change Orders" Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -8 -5 "Policy on Extra Work and Change Orders ", the present text is deleted and replaced with the following: "Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the.City Council." A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -3 -5 "Execution of Contract", add the following: "The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to.the Contractor which bears the signatures of-the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City.Engineer delivers the signed Contracts to the Contractor." Section A.- SP (Revised 9/18/00) Page 13 of 21 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 Transportation "Standard Specifications for Construction of "Highways, Streets and Bridges ", ASTM.specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special, Requirements (NOT USED) A. Vioitor /Contractor Orientation Prior to performing work at any City water facility, thc Contractor, his certifying their prior attendance at a Vioitor /Contractor Safety Orientation Program conducted by thc City Water Department Pcroonncl. A Visitor /Contractor Safety for those peroons who do not have ouch a card, and who dcrsirc to perform any work within any City water facility. For additional information refer to Attachment 1. B. Operation of City Owned Equipment The Contractor ohall not otart, operate, or stop any pump, motor, valve, equipment, employee of the City Water Department. coordinate itwwork with thc City Water Department to protest thc quality of the water. - contact with. potable water, Standard Specifications. Such materials include muot conform all oolvcnts, American Nationa Standa,, cleaner:, lubricants, ga.okctc, thread Section A - SP (Revised 9/18/00) Page 14 of 21 - E. Handling and Disposal of Trash must bc containcd at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work area clean at all time and remove all trash daily. . CONTRACTOIVE ON SITE PREPARATION employee idcntifi ation. C. Contractor ^hall provide tc1ephonco for Contractor peroonncl. Plant telephone., arc not available for Contractor unc. I. Contractor must not uoc any City facility restroom -. Contrae -tar must provide City Water Department staff. All Contractor vehicles mutt be clearly labeled with Treatment Plant. All personncl must be in company vchicics. During working hours, contractor employees must not leave thc dcoigaated eonctruction area nor wander through any buildings othcr than for required work or as directed by City Watcr Department personnel during emergency evacuation. Any work to the computer baocd monitoring and control system must be performed only qualifictiono 1 thru 9 below. This work includes, but in not limited to, modieaons, changes, selections, furnishing, installing, connecting, The Contractor or hie subcontractor proposing to perform the SCADA work must bc able to demon tratc thc following: 2. He hai performed work on systems of comparable size, type, and complexity as required in this Contract on at lest thrcc prior projects. opccifications. maw €acurer' w training course in configuring and implementing thc opccifie cyotcros opccificd hcrcin. 7. He ~hall furnish cquipmcnt which is thc predu will bc thc product of one manufacturer. 8. Prior performance at the O. N. Stevens Watcr Treatment Plant will be used in Section A - SP (Revised 9/18/00) Page 15 of 21 L. Trcnching Rcquircmcnta A -36 Other Submittals (Revised 9/18/00) 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number of copies required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal- Forms: Contractor shall .use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier, pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. g• Distribution: Contractor must distribute copies of to subcontractors and suppliers and instruct suppliers to promptly report, through Contractor comply with provisions. 2. Samples: The Contractor must submit samples of finishes of manufacturers' standard colors, textures, and patterns selection. Section A - SP (Revised 9 /18/00) Page 16 of 21 reviewed submittals subcontractors and , any inability to from the full range for City Engineer's 3. Test and Repair Report: When specified in the Standard or Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -6715 "Arrangement and Charge for Water Furnished by the'City ", add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan "). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors `B'" are incorporated by reference in the Special Provisions. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) final aeeeptance of the improvemento under Cenral Provioion B 8.9. A -40 Amendment to Section B -8 -6: "Partial Estimates" "General Provisions and Requirements for Municipal Construction Contracts" Section B -8 -6 "Partial Estimates" is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory (NOT USED) ozone advicory hao been ios.ed, except for repaire. The City Enginccr will notify Contractor about ozone alert. If a delay ouch ac thio io experienced, the day will 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 and Hold Harmless" (9/98) Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -6 -21 "Indemnification and Hold Harmless ", text is deleted in its entirety and the following is substituted in lieu thereof: "The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever Section A - SP (Revised 9/18/00) Page 17 of 21 from an act or omission of the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the Contract or in connection therewith by the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the City, its officials, employees, attorneys, and agents that directly'or indirectly causes injury to an employee of the Contractor, or any subcontractor, supplier or materialman." A -44 Change Orders (4/26/99) Should a change order(s) be required by the Engineer, the Contractor shall furnish the Engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by the Contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) 1. The Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. 2. Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: a. Horizontal and vertical dimensions due to substitutions /field changes. b. Changes in equipment and dimensions due to substitutions. c. "Nameplate" data on all installed equipment. d. Deletions, additions, and changes to the scope of work. e. Any other changes made. A -46 Disposal of Highly Chlorinated Water (7/5/00) (NOT USED) particularly high lcvcls of chlorine, will bc uoed for dioinfcction, and may exceed ohall bc Submitted to the City for approval. Therc ohall bc no separate pay for dieposaal of highly chlorinatcdl.watcr. The Contractor shall not uze the City'o A -47 Pre-Construction Exploratory Excavations (7/5/00) Prior to any construction whatsoever on the project,. the Contractor shall excavate and expose all existing pipelines of the project that cross within twenty feet (20') of proposed pipelines of the project, and the Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. Section A - SP (Revised 9/18/00) Page 18 of 21 For existing .pipelines which parallel and are within-ten feet (10') of proposed pipelines of the project, the Contractor shall excavate and expose said existing pipelines at a maximum spacing of 300 feet O.C., and the Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 feet O.C. maximum intervals. The Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. The Contractor shall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer and Contractor has received Engineer's approval of the report. Exploratory excavations and associated pavement repair shall not be paid for separately. Exploratory excavations shall be considered subsidiary to items that require excavations. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A -48 Overhead Electrical Wires (7/5/00) The Contractor shall comply fully with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. The Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. The Contractor shall coordinate his work with AEP /CP&L and inform AEP /CP&L of his construction schedule with regard to said overhead lines. Some overhead lines may be 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 ", Section B -8 -11 "Maintenance Guaranty ", add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release,'or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Muunicipal'Construction Contracts ", B -7 Prosecution and Progress,, and 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." Section A - SP (Revised 9/18/00) Page 19 of 21 A -51 Storm Water Pollution Prevention Plan This Project is required to have a Notice of Intent (NOI) submitted as per Part II.D of the TPDES General Permit No. TXR150000. The Contractor will be required to submit a NOl along with the appropriate fee, and complete a Construction Site Notice for this project. The Contractor is required to provide copies of the NOI and Construction Site Notice to the City prior to commencement of any construction activities. The Contractor is also required to post a signed copy of the NOI and Construction Site Notice at the construction site in a conspicuous location where it is readily available for viewing by the general public, local, state and federal authorities, prior to commencement of any construction activities. The Contractor will be required to submit a.Notice of Termination (NOT) upon completion of this Project. The Contractor shall adhere to the requirements of the Storm Water Pollution Prevention Plan as per the drawings and specifications contained in the Contract Documents. A -52 Electronic Proposal Form "General Provisions and Requirements for Municipal Construction Contracts" Section B -2 -7 "Preparation of Proposal" is amended as follows: The bidder has the option of submitting a computer- generated print -out, in lieu of the Proposal Form (Pages 3 through 19, inclusive). The print -out shall list all bid items (including any additive or deductive alternates) contained on the Proposal Form (Pages 3 through 19, inclusive). The print -out shall be'substantially in the form shown on Attachment II. If the bidder chooses to submit a' print -out, the print -out shall be accompanied by properly completed Proposal Form pages 1, 2, 20, 21 and 22. In addition, the print -out shall contain the following statement and signature, after the last bid item: "(Bidder) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates) contained on the Proposal Form are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print -out. (Bidder) acknowledges and agrees that the Total Bid amount shown will be read as its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown on this print -out by the respective.estimated quantities shown on the Proposal Form (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) Section A - SP (Revised 9/18/00) Page 20 of 21 SIIBMITTAL TRANSMITTAL FORM PROJECT: Corpus Christi North Beach, Promenade Northward Extension, (Bond 2008) RE -BID, Project No. 3393 OWNER: City of Corpus Christi ARCHITECT: .Wright Architects CONTRACTOR: SUBMITTAL DATE: SUBMITTAL, NUMBER: APPLICABLE SPECIFICATION OR DRAWING Section 028061 Section 028100 Section 104000 Section 105000 Section 106000 Section 108000 Section 15410 SUBMITTAL General Product Certificates Planting Schedule Maintenance Instructions General Product .Data Manufacturers Instructions As -Built Drawings Submittals Section Requirements Manufacturers Data Product Data Samples Product Data Shop Drawings Samples . Product Data Shop Drawings Samples Product Data Manufacturers Instructions Maintenance Data Warranty Section A — SP Page 21 of 21 (Revised 9/18/00) AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 24TH day of APRIL, 2012, 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 $403,272.46 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CORPUS CHRISTI NORTH BEACH PROMENDAE NORTHWARD EXTENSION (BOND 2008) RE -BID PROJECT NO. 3393 (TOTAL BASE BID: $403,272.46) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (1 0) 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: qyvi rok-vy City Secret APPROVED AS TO LEGAL FORM: By: Asst. City Attorney ATTEST: (If Corporation). (Note: If Person signing for corporation is not President, attach copy of authorization to sign) .II CITY OF CORPUS CHRISTI By:m Oscar Martinez V Assistant City Manager Public Works, Utilities, and Transportation By: Daniel Biles, P.E. Interim Director of Engineering Services CONTRACTOR H2O Construction Services, Inc. By: Title: f45. 7210 Windwillow Drive (Address) Corpus Christi, TX 78414 (City) (State)(ZIP) 361/695 -4249 * liquinzgarzaQvahoo.com (Phone) (E -Mail) Page 3 of 3 Rev. Jun-2010 Atfi et cetll c!t... _.__...._._ . 2. Z L SFC ,ETARY P R O P O S A L F O R M F O R CORPUS CHRISTI NORTH BEACH PROMENADE NORTHWARD EXTENSION (BOND 2008) RE -BID PROJECT NO. 3393 PROPOSAL FORM PAGE 1 OF 12 A 1 I IL I DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 2 OF 12 IL_.. _.... Proposal of OR P R O P O S A L Place: Date: 1.12 n nN /q a Corporation organized and existing under the laws of the State of f -e-aS 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: CORPUS CHRISTI NORTH BEACH PROMENADE NORTHWARD EXTENSION (BOND 2008) RE-BID PROJECT NO. 3393 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit; PROPOSAL FORM PAGE 3 OF 12 CORPUS CHRISTI NORTH BEACH PROMENADE NORTHWARD EXTENSION (BOND 2008) RE -BID PROJECT NO. 3393 BASE BID A I II III Iv v BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES.., A -1 41 00 4" thick 10' wide Concrete Promenade Trail, complete in place, per, square feet .)) $ `er 0 Gse $ i ii, �, ,j 6 4 '1 A -2 30 EA 6 diameter treated wood bollards, 8' -0" (4' deep in ground) $ f®1 �'' $ 5-0e -u A -3 27. EA Gulf Murly Grass, 1 gallon 0d 1,5 _ $ �a A -4 79 EA Blue Dune Grass, 1 gallon a $ ;` $ ,% f el A -5 15 EA Beach Vitex, 2 gallon �. $fs _ t2. A -6 28 EA Yucca, 4' -6' Ht! $ .�� za $ ¢% o4v sA -7 49 EA Scavolia, 2 gallon _� /C-. 'c - A -8 7 EA Mexican Fan Palm, 7 TRK, Ft $ $ eo (Ls1- A -9 211 EA Railroad Vine, 1 gallon $ /19 to $ ,1,11-1 c-- A -10 42 CY Planting Mix for Trees, Shrubs & Beds bp.. $ U ,2%o D t?� 40 $ PROPOSAL FORM PAGE 4 OF 12 J . A -11 1 LS Sharp Crisp Natural Edge $ t.2 L 6 ) $ 2616 - A-12 6 CY Top Dressing, Native Mulch Installed � `�' G $ `"'— � $' A -13 28 CY Top Dressing with Sand and Gravel $ �, aL) $ „Zgd i A -14 145 CY Top Soil in Place and Grading $ 3S $ 8a _ ..5-0.7�, A -15 2,105 SF Landscape Fabric $ $ &, �.2, -' 1 A -16 1 LS Vertical Timbers 6'x6' with 2'x8' Cap, Filter Fabric, Concrete Footing and Hardware $ )() $ w 2 a s,t, A -17 1' � 0 Subsurface Drip, 5/8", 1 GPH A -18 EA Isolation Valves, Line Size 1 A-19 EP Battery Operated Valve, 1" W /Filter & Pressure Reg. w /valve Box $ ..,i_. S �'lr A -20 80 LF Main Line, 1 -1/4" PVC Sch. 40 w /Bends and Fittings $ /I) rP-- $ / v i A -21 3 EA Quick Coupler Valves W/2 Keys and Swivels, 1" $ / td $ 9g0 a- A -22 3 EA Point of Connection, 1 -1/4" Gate Valve in Valve Box ! ® $ /P Z $ ,01.- A -23 115 LF 2" & 4° Irrigation Sleeve and Bored Sleeve Sch. 40 $� $ 4®D A -24 LS Testing Mainline b 25 3 EA Pressure Vacuum Breaker 1 ", W /Wooden Bollards $ $ / Q22 PROPOSAL PORM PAGE 5 OP 12 A -26 3,400 LF 1 ", 1-1/4", & 2" Sch 40 PVC Supply Lines I $ i...- $165D I f A 27 1 'S 3 Month Landscape &Irrigation Maintenance $ $ �� -- •a A -28 EA Concrete Benches $ j L1 $�fi l7� A -29 2 EA Drinking Fountain p�� $ 3/�O $ A -30 1 EA. Elevated Shade Structure Pavilion $ 3ACe D $ J a) V .� A -31 2,160 SF Elevated Wood Walkway ,— A -32 6 EA Educational Signs $ Z4 e) . $ A -33 3 EA Rain Sensor Complete in Place $ 30/3 $ 7 A-34 3 EA Irrigation Meter 1 ", Permit & Fees $ e D $ / [�' A -35 EA MOEI MAT 78" X 50'-0" $ t) $ 4DP4e) 61 A -36 1 LS Unanticipated Utility Allowance $25,000 {00 $25,.000.00 • TDTAL BASE BID: $ (Items A -1 through A -36) 7 , 0272,4 PROPOSAL FORM PAGE 6 OF 12 l I . CORPUS CHRISTI NORTH BEA(1H PROMENADE NORTHWARD EXTENSION (BOND 2008) RE -BID PROJECT NO. 3393 ADDITIVE ALTERNATE Al I II III 1V V BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X trNIT PRICE IN FiGuRES) A1-1 EA Landscape Boulders in Place: M Medium 3`x2'xl', Limestone, Color brown to cream. $ ° $ - �0 A1-2 26 EA Landscape Boulders in Place: L -Large 3'x3'x2`, Limestone, Color brown to cream. $ 3. ry $ _5V '' TOTAL ADDITIVE ALTERNATE Al: $ BID ITEM A2 -1 QTY & UNIT 7 EA / 4,, /D (Item' A1-1 through A1-2) CORPUS CHRISTI NORTH BEAleN PROMENADE NORTHWARD EXTENSION (BOND 2008) RE -BID PROJECT NO. 3393 ADDITIVE ALTERNATE A2 DESCRIPTION Shade Structures, complete in place with Concrete Pad, per Each UNIT PRICE IN FIGURES a BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) A2 -2 2 EA Concrete pad at existing Canopies A2 -3 7 2A Concrete Picnic Tables $ Jew TOTAL ADDITIVE ALTERNATE A2: $ $ p 49po el- 5—/ 0.06 PROPOSAL FORM PAGE 7 OF 12 (Item A2 -1 through A2 -3) TOTALS: TOTAL BASE BID A: (Items A -1 through A -36) ADDITIVE ALTERNATE Al: (Item A1- lthrough A1-2) ADDITIVE ALTS•,- 1 through. A2 -3) 11 BID S TJMMARY 05, ;V, The bids will be evaluated based on the f ollolwing order of priority: subject to the availability of funds: Total Total Total Total Base Bid A Base Bid A Base Bid A Base Bid A + Additive + Additive + Additive Alternate Al Alternate A2 Alternate AI +'Additive Alternate A2 The City intends to award the lowest Base Bid AJ Alternatives will be evaluated subject to available funding. PROPOSAL FORM PAGE 8 OF 12 . a ..I:!!. CORPUS CHRISTI NORTH BEACH PROMENADE NORTHWARD EXTENSION (BOND 2008) RE-BID PROJECT NO. 3393 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within the following calendar days from the date designated by a Work Order: Base Bid A - *120 calendar days Additive Alternate Al 10 calendar days Additive Alternate A2 30 calendar days Total Base Bid A with both Additive Alternates Al & A2 160 Calendar Days *From date as authorized in the written Notice to proceed. PROPOSAL FORM PAGE 9 OF 12 CORMS C}'lt' l NORTH BRAC I PRQMNNADE NORTHWARD BXTRNStOR (BOND 2008) RB-BZf PRoJLCx NO. 3393 The undersigned further declares that he will p ; vide all necessary tools and apparatus; do all the work and furnish all ma erials and do everything required to carry out the above mentioned work eared by this proposal, in strict accordance with the .contract docum a and the requirements pertaining thereto, for the sum or sums above sat forth. number); Recta - t of the following addenda 'i = acknowledged. (addenda 0. Respectfully a • << ttad; Name ;. By (SEAL - IF BIDDER is a Corporation) Address; NWEE: Da not detach ?.id from othar papers. rill in with ink and aubmie complete with attached papers. T2I T:a6ed WIL8 b9S6T :oi (s .0. Box) (Street) (City) Telephone exassAL ?ORM PAGZ 10 OF 12 (State) (Zip) 30‘1"' Ozte^vissa August 200.0) :wva• 0x:20 2T022- 62 -86j l PERFORMANCE BOND STATE OF TEXAS § BOND No. 105765312 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 ("Principal"), and Travelers Casualty and Surety Company of Ameriaaa solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals: ("Surety"), unto the City of Corpus Christi, a Home Rule municipal rrpor corporation Nueces County, Texas ( "City" or "OWNER"), in the penal sum of FOUR HUNDRED THREE THQUSAND TWO HUNDRED SEVENTY -TWO AND 451106 U,S. Dollars 408,272,46 Uhl) to be paid in Nueces County, Texas, for the paymen of which sump well and truly to be made, We said Principal and Surety; bind ourselves and our heir's, 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 2- TH of APRIL . 2012 which Agreement is hereby referred to nand made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: CORPUS CHRISTI NORTH BEACH PROMENDAE NORTHWARD EXTENSION (BOND 2008) REBID PROJECT NO. 3393 (TOTAL BASE BID: $403,272.46) Now therefore, the condition of this obligation is such, than 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 furl 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, accompanying the same shall in anywise affect its obligation on this bond, and t 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 or 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 11th day of May �- - , 2012. PRINCIPAL H2O Construction Services, Inc. By: Title: ATTEST: Secretary SURETY Travelers'_ _ and Surety: Compan By: ttorney -in -t, ct Address: Address: 4650 Westway Park Blvd. 14656 McKenzie Lane Harlingen, Texas 78552 Kevin McQu'ain Houston, Texas 77041 Telephone; 281 -686 -8400 Fa)c 281- 606 -8436 E -Mail: CTOLER @travelers . com (Rev Date May 2011) Performance Bond Page2af3 VaaFeltecifarrekaWksiiiditiagegwsiieetsi-olviwes Malay, .rox44.ftedOli~ : a alc,14 S: 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 E4Aait kevink@keetchassociates.com cite: Bond shall be issued by a solvent Surety company authorized to do business in .kas, and shall meet any other requirements established by law or by OWNER under )plicable law. ate: Surety Agent's Original Power of Attorney must be attached hereto. .., • ote: Date of Performance Bond must not be prior to date of contract. MD ay. Date May 2011) Performance Bond Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES PAYMENT BOND BOND No. 105765312 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 suret 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 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 FOUR HUNDRED THREE THOUSAND. TWO HUNDRED SEVENTY-MO AND 46/100 U.S. Dollars ($ 403,27246 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 24TH day of APRIL, 2012 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: CORPUS CHRISTI NORTH BEACH PROMENDAE NORTHWARD EXTENSION (BOND 2008) RE -BID PROJECT NO. 3393 (TOTAL BASE BID: $403,272.46) 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 'u 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 shah be deemed an original, this the 11th day of , May , 2012. PRINCIPAL H2O Construction Services, Inc. ATTEST: Secretary Address: SURETY Traveler Compa By: Attorney -in -fa Kevin McQua n Address: 14656 McKenzie Lane 4650 Westway Park Blvd. Harlingen, Texas 78552 (Rev. Date May 2011) Houston, Texas 77041 Telephone: 281- 606 -8400 Fax: 281 -606 -8436 E -Mail: CTOLER@travelers.com Payment Bond Page 2 of 3 JI I iThiM 1G.7 'r1 'k7i - I e ii i lVe''Pr. :... Name: Agency: Address: Kevin Keetch Keetch and Associates Insurance 1718 Santa Fe Street (Physical Street Address) Corpus Christi, TX 78404 (City) (State) (Zip) Telephone; 361 -883 -3803 E -Mall: 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: bate of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No.: North Beach Promenade Northward Extension Project No. 3393 Surety Company: Travelers Casualty and Surety Company of America Ladies /Gentlemen: 1, Robert Gavos, Managing Director (insert Name of Officer of Surety and Title), hereby certify that the facsimile power of attorney submitted by Kevin McQuain (insert Name_of Attomey -in -Fact) for H2O Construction Services, Inc. (Insert Company Name of Contractor), 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: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this / aft—day of 2012. Title: kk4/v Sworn and subscribed to before me on this - f day of (Revised 2/10) Notary State of My Commission Expires: 47-?0157 • TRAVELERS 1 Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY 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 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. 0 0 4634221 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 Attorney(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 State of Connecticut City of Hartford ss. 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 12th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Thompson, 'enior ice President On this the 12th day of December 2011 Y , 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. cutih C. j.eJQatlL{ Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER , WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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 Attorneys -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. I, 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 United Slates Fidelity, 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 WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this llth day of May , 20 12 Kevin E. Hughes, Assistant Sec tary 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. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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: ConsumerProtectionictdi .state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute conceming 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 wrote sa NUMB TO 8Z A SIOBV BY CITY MRCHASTNG DIVrsum 'u CITY OF CORPUS ORRIS3't DISCLOSURE OF INTEREST City of corpus Christi Ordinance 17112, as amended, seeking to do business with the City to provide the f question must be answered. If the question is not a See reverse side for Filing Requirements, Certific COMPANY NAM P. 0_ BOX: STREET ADDRESS: 7 u•.,tlkrji)ik/ CITY a FIRM IS: 7•, Cor oration .j '{ 2 . Partnership fl Association 5. h (1 Scr ires all persons cyr faxin lowing information. very licab1ee, answer with "1WV., on and definitioins , L4, etywh ZIT+ -24f i4 S. Sole Owner ID DISCLOSURE QUESTIONS If additional space is necessary, please use the r attach separate sheet. 1. state the-names of each 'employee" of the City "ownership interest" constituting 3A or more of named "firm." Name § /f (if known) e arse aide of this page or Corpus Christi having an he ownership in the above Title and City Department 2. State the names of each "official" of the City of Corpus Christi having are "ownership interest" constituting 3A or u*n a 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 3A or more of the ownership i:n the above named "firm,," Na Board, Commission or CGatmittee �. State the names of each employee or officer of "consultant" for the city Of Corpus Christi who worked on any matter relat - d to the subject of this contract and has an "ow ezehip interest' consti uting A or more of the ownership in the above named "firm" Name Teer't atva t JLa2 9S6 :°1 Consul VAGIVS L MDAM MGR 11 OP 12 :wn..J STTO 2T02- 62-sad Fumy R unskaN?B If a parson who requests official action on a matte action will confer an economic benefit on any City is distinguishable from the effect that the action public in general or a substantial segment thereof, feet in a. signed writing to the City official, ernpl requested to act in the matter, unless the interest employee in the matter is apparent. The disclosure signed writing filed with the City Secretary. (Ethi fd3 knows that the requested fficia1 or employee that ill have on members of the u shall disaloale that or body that has been of the City official or shall also be made in a cs Ordinance section 2 -349 CUTIPrCATION i certify that all information provided is true and correct asp 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 644. o-ri 4w- 1f m !type or at} j signature of Certifying Persons a. Title iLte xI�INI7C�tjrT$ I' 54 oard member." A meeber of aey board, oommiesion, or committee appointed by the City Coexneil of the City of Corpus Christi;, Texas. :721 /2 b. ^Economic benefit". An action that is likely to if it is likely to have an effect on that intere from its effect on members of the public in genera thereof. c, x ploycae.. " Any person employed by the City of C on a full or part -time basis, but not as an indep d, "Firm. Any entity operated for economic ga iedustri,al or commercial, and whether establishe product or service, including but not limited to form of sole proprietorship, as self - smoke corporation, joint stock company, joint venture, entities which for purposes of taxation ar organizations. • • affect an economic interest t that is distinguishable �l or a substantial segment xpus Christi, Texas either °dent contractor. , whether professeional, o produce or deal with a entities operated in the ed person, partxiership, receivership or trust, and treated as nor - profit e. "Official." The Mayor, ineubere of the City Con oil, City Manager, Deputy City Manager, Assistant City Managers, Aepartme t. and Division Heade, and Municipal Court Judges of the City of Corpus chri ti,, Texas, f. hownerahip Interest Legal or equitable inte a t, whether actually or conetrtsctively held, in a firm, including whe=n sa h interest is held through an agent, trust, estate, or holding entity, "Con trt:otively held° refers to holdings or control established through voting trusts, proxies, or special terms c,f venture or partnership agreements.' g. °Consultant." Any person or firm, such as engine s and architects, hired by the City of Corpus Christi for the purposae of pr fessional consultation and recommendatitaxi. fLTLe8tb6T :saj r*OPOSAL PORN ram 12 or x2 :w"A ETU 2T02-62-84 ACCAD CERTIFICATE OF LIABILITY INSURANCE DATEIMMICDIYYYYI 05/31/2012 . - . Mt PRODUCER _ THE KLEMENTAGENCY P.O. BOX 820 PROSPER (972) 562 -7455 TX 75078 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER. THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL # INSURED H2O Construction Services, Inc. P.O. Box 532845 Harlingen I y// TX 78553 INSURER A:ESSEX INSURANCE CO. S R DAMAGE TO RENTED PRFMISES [Ea nrr rrwnre} INSURER 8: PROGRESSIVE COUNTY MUTUAL II CLAIMS MADE X I OCCUR INSURER C:AMEREANZIRMNSURANCE $ 5,40U_ $ /1,000100 $ 9pDD.000 $ 2,000,000 INSURER D: INSURER E. ERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW1THSTANDING 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 ADD'L . - . POLICY NUMB - POLICY EFFECTIVE , 1. ,• • •• POUCY EXPIRATION• •: r it r u LIMITS A GENERAL X LIABILITY LIABILITY COMMERCIAL GENERAL LI CL420913119 09/12/2011 09/1212012 ' EACH OCCURRENCE $ 1,000,000_ $ - 1 Ons}I}n0 • DAMAGE TO RENTED PRFMISES [Ea nrr rrwnre} II CLAIMS MADE X I OCCUR MED EXP (Any one persons $ 5,40U_ $ /1,000100 $ 9pDD.000 $ 2,000,000 PERSONAL & ADV INJURY GENERAL AGGREGATE GE X 'L AGGREGATE LIMIT APPLIES PER: POUCY 1 s iFr TT ! LOC PRODUCTS- COMP /OP AGG B AUTOMOBILE X X X UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 05565767 -5 J 12/1312011 12113/2012 COMBINED M) SINGLE LIMIT 1,000,000 BODILY INJURY {Per person} $ BODILY INJURY {per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT _J $ OTHER THAN EA ACC AUTO ONLY: AGG $ EXCESS/UMBRELLA —1 LIAIBUTY OCCUR • 1 CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ • AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? If yes, describe under SPECIAL PROVISIONS below - - - • WC STATU• OTH- Tr iRY I WITS FR E.L. EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ C OTHER INLAND MARINE COVERAGE EC67314585 -03 03/06/2011 03/06/2012 RENTED EQPT. 150,000 SCHEDULED LIMIT 10,000 DEDUCTIBLE 1,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS { - PROJECT: CORPUS CHRISTI NORTH BEACH PROMENDAE NORTHWARD EXTENSION (BOND 2008) RE -BID PROJECT #3393 • • • THE CITY OF CORPUS CHRISTI IS NAMED AS ADDITIONAL INSURED ON ALL GENERAL LIABILITY AND ALL AUTO LIABILITY POLICES. 30 DAY NOTICE OF CANCELLATION APPLIES TO ALL POLICIES. H2O CONSTRUCTION IS ALSO LISTED AS AN ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION CITY OF CORPUS CHRISTI ENGINEERING SERVICES ATTN: CONTRACT ADMINISTRATOR PO BOX 9277 CORPUS CHRISTI • TX 78469- Al 106558 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 SHALL IMPOSE NO OBLIGATION OR UAHIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ./ - ACORD 25 (2001108) Fax: ( ) - © ACORD CORPORATION 1988 ACORD1 CERTIFICATE OF LIABILITY INSURANCE DATE (MM1OONYYY) PRODUCER - THE KLEMENT AGENCY P.D. BOX 820 PROSPER (972) 562 -7455 TX 75078 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POLICIES CERTIFICATE EXTEND OR BELOW - NAIC # INSURERS AFFORDING COVERAGE INSURED One Stop Staffing LLC 1305 East Washington Harlingen I - TX 78550- . INSURER A: CNA IN.SURANCF LIABILITY COMMERCIAL. GENERAL LIABILITY INSURER B: TEXAS MUTUAL INSURANCE 11/01/2011 INSURER 0:SCOnSDALE INSURANCE OC INSURER Cr AMAOC TO REEFED DAMAGE PRPMISES occurrence) INSURER E: _ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Ta A ADD INSBE - - - IY DENelRANCP POLICY NUMBER POLICY EFFECTIVE DoT OLSOenwY POUCY iA1 FMMiPeo= 11/01/2012 - EXPIRATION LIMITS GENERAL X LIABILITY COMMERCIAL. GENERAL LIABILITY 4031125751 11/01/2011 OC $ 1,000,000 $ 100,00n0 AMAOC TO REEFED DAMAGE PRPMISES occurrence) = CLAIMS MADE X OCCUR _(Ea MED EXP (Any one person) $ 5 000 PERSONAL & ADV INJURY $ 1.0004000 0 $ 2.000,000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 1,000;000 POLICY I X I Pj -- ! LOC r AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON - OWNED AUTOS COMBINED SINGLE LIMIT (Ea accdent) $ BODILY INJURY (Per person) BODILY INJURY /Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO . 12/16/2011 12/16/2012 tl AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG EACHOGCURRENCE $ $ 1.000,000 $ 1,000.000 EXCESS A IUMBRELLI- .AUABILFPI I OCCUR i CLAIMS MADE DEDUCTIBLE RETENTION $ XBS0019456 AGGREGATE E , $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ! OFFICERIMEMBER EXCLUDED/ j {Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below TSF- 0001196237 -2010 11/0412011 11/04/2012 /// X WCS TA 134 OT E.L. EACH ACCIDENT $ 1,000,000 EL. DISEASE - EA EMPLOYEE $ 1,000,000 $ 1000 000 E.L. DISEASE- POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS WED BY ENDORSEMENT! SPECIAL PROVISIONS CLIENT: H2O CONSTRUCTION COMPANY CERTIFICATE HOLDER CITY OF CORPUS CHRISTI ENGINEERING SERVICES ATTN: CONTRACT ADMINISTRATOR P CORPUS CHRISTI TX 78469- CANCELLATION Al 106049 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 REPRESENTATIVES, AUTHORIZED REPRESENTATIVE LARK 1 ESSEX INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY' Policy Number. ;:',L4 2091:1.19 i'... "t.; 'lip THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. \/ADDITIONAL INSURED ENDORSEMENT "his endorsement modifies insurance provided under the following: : ,OMMERCIAL GENERAL LIABILITY COVERAGE FORM RODUCTS!COMPLETEDOPERATIONS COVERAGE FORM .I000R LIABILITY COVERAGE FORM )ROFESSIONAL LIABILITY COVERAGE 'lease refer to each coverage form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all coverage forms. SCHEDULE Person or Entity: of Corpus 'hristi Engineering Department 120; teop=.rd St., Corpus Christi, li 7E4C1 Interest of -the Above: Project: El 1074 Turtle Cove Park/ Jester Drainage Additional Premium: S 1 1 ) 0 _ 0 0 o (Check box if fully earned. 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 1 of 1 permission. POLICY NUMBER: CL420913119 t COMMERCIAL GENERAL LIABILITY CG02050196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1 TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE Tyis 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 1. Name: City of Cwr_.us Christi Engineering i]epar Tnent 2. Address: 1201 L &.oparo St, Corpus Christi, T? ;841.1 r 3. Number of days advance notice: 3 o (lf no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) . Project: F11074 Turtle Cove Park! Jester Drainage CG 02 05 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 oft ENGLISH INS AGY !NC PO BOX 820 PROSPER, TX 75078 1.972.562.7455 Certificate of Insurance Certificate Holder PROUREIME Policy number: 055657617 -5 Underwritten by: Progressive County Mutual Ins Co January 26, 2012 Page I of 1 Insured Agent Additional Insured H2O CONSTRUCTION, INC. CITYOFCORPUSCHRIST P.O. BOX 532845 12.01 LEOPARD ST HARLINGEN, TX 78553 CORPUS CHRIST, TX 78401 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 51,000.000 Combined Single Limit Uninsured/Underinsured Motorist 530,0001560,000 Uninsured Motorist Property Damage Description of Location/Vehicles/Special items Scheduled autos only 525,000 w15250 Ded 2007 MAZDA 82300 4F4YR12D07 PM,00793 Personal Injury Protection Comprehensive Collision Certificate number 02612ARE767 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. 52.500 5 €,000 Ded 51.000 Ded a ---4„.s, hrm 5241 (10;02! TeXaSMUt hsuran eCompany WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY 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 Pane. In the event of cancellation or other material change of the policy. we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 1. Number ai days advance notice: 2. Notice will be mailed to: 30 Schedule CITY OF CORPUS CHRISTI 1201 LEOPARD ST PR.: E11074 TURTLE CV PRKI.IESTER .DRAINAG CORPUS CHRISTI, TX 78401 This endorsement clanger the policy to which it is attached effective on the inu.plion date of the pcfioy unless a different date is indicated Deter: :'he ro lowing "attaching clause' need be ccrnpleied only '.then this endorsement .s IS3uE6 suasagdent to preparation of the policy.i This endorsement, effecdive on J a nu a r y 13 , 2012 a: 12:01 A.hi, sierd,:rc time, forms a part of Policy Nc. TSF- 0001196237 20111104 of the texas Mutual Innuranco Company Issuwe to ONE STOP STAFFING LLC OBA: ONE STOP STAFFING Prerniam S 0 . 00 W04201301 (ED. 1 -94) Endorsement No. 1 Authorized Representative INSUREDS COPY LXHAMILT 1- 23 -2Q12 ** «.r ]eXaSMUu InswaamCompany WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99.03 01 GENERAL CHANGE ENDORSEMENT The policy to which this endorsement is attached is amended as shown below: Added WC420601(7exas Material Change Endorsement] in favor of: CITY OF CORPUS CHRISTI This endorsement cianges the optic/ to which it is attached efrecti re on the inception dale of the 1xliny unless a different date is indicated beim:. .The fo lowing "attaching clause' need be completed only'.vien this endorsement :s issoec suasetuent to preparation of the posioy.i This endorsement. effective un January 13 , 2012 at 12.01 A -M. stant.farj time, forms a part of PolicyNc. TSF- 0001196237- 20111104 Issuedto ONE STOP STAFFING LLC DBA; ONE STOP STAFFING Premi.rrriS 0.00 WC9911301 IED. 1 -94) the Texas Mutual Insurance Company Endorsement No. �. v►'i'r --g Authorized Representative INSURED •S COPY LXHAIMILT 1 -23 -2012 w+ TexasMutu® insuranceCampany EXTENSION OF INFORMATION PACs PAG 3 NAME AND ADDRESS OF INSURED ONE STOP STAFFING LLC DEA: ONE STOP STAFFING 1305 E WASHINGTON AVE HARLINGEN, TX 78550 -56E4 ITEM 3D STATE NUMBER 42 WC42 03 04A WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ENDORSEMENT SCHEDULE " ENLIC.SEh1ENT SCHEDULE DESCRIRTIONi TX WAIVER OF RIGHT TO RECOVER POLICY 1dJM6ER TSF- 0001195237 20111104 ISSUE. DATE 1 -23 -2012 EDITION DATE 1 -01 -2000 This endorserrienl changes the pclicy to with .1 is el:et:tied efiec1ive on the inception dale of the policy unless a cifferenl date is indicaleo betow. {The follo Bing "attaching clause" need be competed only r. hen this endorsement is ssLed sMsequent to preperatio^1 of the no icy.) T nis endorsement. effective on January IS, 2012 Policy No. TSF--000119b237 20111104 fssuedta ONE STOP STAFFING LLC DEA: ONE STOP STAFFING Premism 2 0 . 00 WCOOcOOIA (ED. 7 -1 I ? at 1241 H -Ili. stardard time. forms a pan of of the. Texas Mutual Insurance. Compamr INSURED'S COPY J Endorsement No. • 1 ,.,, 07,K` 151 Authorised Representative LXHAMILT 1 -23 -2012 TexasMutuar InsuranceCamp2ny EXTENSION OF INiror-sMATION PAGE • PAGE 2 'STATE AME AI'JU RbDRESS OF INSURED ONE STOP STAFFING LLC O8A: ONE STOP STAFFING 1305 E WASHINGTON AVE HARLINGEN, TX 78550 -5684 ITEM 3D HUMBER 42 TM —LRC -2008 42 PC-2003 42 TM —MV -2001 42 TM— TRIPRA -2008 42 TM —TPE -2008 42 WC00 00 006 42 WCOO 00 01A 42 WCDO 03 01 42 WC00 03 01 42 WC00 03 02 42 WCDO 04.06 42 WC42 03 01F 42 WC42 04 07 42 WC42 04 06 42 WC42 06 01 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ENDORSEMENT SCHEDULE POLICY NJMBER TSF-0001196237 20111104 ISSUE DATE 1 -23 -2012 ENDCRSEMWNT SCHEDULE Ma DESCRIPTION LIMITED REIMBURSEMENT COVERAGE POLICY CONDITIONS ENDORSEMENT MUTUAL ENDORSEMENT FORM TERRORISM RISK INSURANCE FROG TERRORISM PREMIUM ENDORSEMENT WORKERS COMPENSATION AND EMPLO WORKERS COMP/ EMP LOVERS L1AB ALTERNATE EMPLOYER ALTERNATE EMPLOYER DESIGNATED WORKPLACE EXCLU PREMIUM DISCOUNT TEXAS AMENDATORY AUDIT PREMIUM ENDORSEMENT NETWORK DISCOUNT TX NOTICE OF MATER IA 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 -2000 3-23-2002 1 -02 -2003 1 -01 -1994 This endorsement changes the policy to u;rscir t is attached effective on the inception date of the policy unless a Ciffer erit dale is indicated below_ (The following "attaching clause" need be completed only r>hen this endorsement is ssr.ed s:lbsequent to preparation of the po icy.) This endcrse.nent. effective an Policy No. ssuec to January 13. 2012 TSF-0001196237 20111104 t iof the Texas Mutual Insurance Company ONE STOP STAFFING LLC OSA; ONE STOP STAFFING at 12:01 A.M. stardard time. forms a par: of PremilmS 0.00 WCOOCd01A (ED. 7-11; INSURED'S COPY Endorsement No. Authorized Representative LXHAM1LT 1 x� 1 -23 -2012 ** ONE STOP STAFFING MC DBA: ONE STOP STAFFING 1305 E WASHINGTON AVE HARLINGEN, TX 78550 -5684 REF: TSF- 0001198237 User ID: LXHAMILT