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HomeMy WebLinkAboutC2012-259 - 6/26/2012 - Approved2012 -259 6/26/12 M2012 -118 H2O Construction Services S P E C I A L P R O V I S I O N S S P E C I F I C A T I. O N S A N D F O R M S O F C O N T R A C T S A N D BON D S F O R OSO BAY PARK TRAIL IMPROVEMENTS PHASE 1 (BOND 2008) FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 IPROJECT NO: 3380 DRAWING NO: CP 192 4110441-- (Revised 7/5/00) OSO BAY PARK TRAIL. IMPROVEMENTS - PHASE I (BOND 2008) Project 3380: List of Specifications Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A, (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A --.SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of.Project A -4 Method of Award A -5 Items. to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A--11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A-13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Office (Not Used) A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A -21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds 21 25 Calcc Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A 27 Responsibility for Damage Claimo (Not Used) A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A- 30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract•Documents A 35 City Water Facilitic: Cpccial Rcquircmcntc (Not Used) A -36 Other Submittals (Revised 9/18/00) (Not Used) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A -39 Certificate of Occupancy and Final Acceptance A -40 Amendment to Section B -8 -6: Partial Estimates A 41 Ozone Advicory (Not Used) A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45. As -Built Dimensions and Drawings (7/5/00) A -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 (Not Used) (Not Used) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS Section 021 Site Preparation 021020 Site Clearing and Stripping S5 021040 Site Grading Section 022 Earthwork 022420 Silt Fence Section 0252 Roadway (Subgrades and Bases) 025205 Pvmnt.Repair,Curb Gutter, Sidewalk,JDriveway Replacement 025210 Lime Stabilization Section 0254 Asphalts and Surfaces (not used) Section 0256 Concrete Work 025612 Concrete Sidewalks and Driveways Section 0258 025802 Traffic Controls and Devices Temporary Traffic Controls During Construction Section. 026 Utilities (not used) Section 027 "Sewers and Drainage (not used) Section 028 028020 028300 028370 Section 030 030020 032020 038000 Site Improvements Seeding Fence Relocation Barbed Wire Fencing Concrete Portland Cement Concrete Reinforcing Steel Concrete Structures Section 060 Wood and Plastic Section 070 Buildings Remaining Sections 090 thru 160 (not used) PART T - TECHNICAL SPECIFICATIONS 027500 Stabilized Soil Pavement 051200 Structural Steel Framing 061063 Exterior Rough Carpentry 061900 Thermally Treated Wood 316219 Timber Piles . APPENDICIES A.Geotech Report B. THC Clearance Document C. Conservation Easement D. Habitat Descriptions E. Mean High Water /Mean Low Water Overview Map F. Wetland Delineation Report LIST OF DRAWINGS 01 Title Sheet 02 General Notes 03 Estimated Quantities and General Notes 04 Topographic Survey & Base Map 05 Demolition & Erosion/Sedimentation Control Plan 06 Overall Site Plan - Key Map 07 Plan Enlargements 08 Plan Enlargements 09 Plan Enlargements 10 Hawkwalk Enlargement and Details 11 Hawkwalk Details 12 Hawkwalk Details 13 Hawkwalk Details 14 Pile Plan and Elevation 15 Joist Details 16 Bracing Details 17 Column and Rafter Details 1S Roof Framing Plan and Landing 19 Details NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS, Sealed proposals, addressed to the City of Corpus Christi, Texas for: OSO BAY PARK TRAIL IMPROVEMENTS PHASE 1 (BOND 2008), PROJECT NO 3380 consists of the construction of Oso Bay Park Phase 1 improvements to connect the existing pedestrian sidewalk along Oso Parkway to the existing Rails to Trails walk at the end of Holly Road. The project will include the construction of approximately 4,300 linear feet of 8 feet to 10 feet wide stabilized decomposed granite, stabilized native soil, and reinforced concrete trails, along with an elevated Hawkwalk, timber pilings, platform, shade structure, handrail, benches, other appurtenances and associated work in accordance with the plans and specifications, and contract documents. Bids will be received at the office of the City Secretary until 2:00 p.m. on Wednesday May 9, 2012, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 10:00 a.m., Wednesday May 2, 2012 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor,. City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5o bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /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 Ten and no /100 Dollars ($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 Oscar R. Martinez Assistant City Manager Public Works, Utilities & Transportation Daniel Biles, P.E. Interim Director of Engineering Services Revised 7/5/00 NOTICE TO CONTRACTORS -- A NOTICE TO CONTRACTORS -- A INSURANCE REQUIREMENTS Revised September, 2000 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: I. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations 6. Hazard 7. Contractual Insurance 8. Broad Form Property Damage 9. Independent Contractors 10. 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 $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long - tern. environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED• © NOT REQUIRED Q BUILDERS' RISK See Section B-6 -11 and Supplemental Insurance Requirements ❑ REQUIRED © NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 OThe City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. OThe name of the project must be listed under "description of operations" on each certificate of insurance: OFor each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE REQUIREMENTS Nolan Texas .Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction- -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44): (5) Coverage agreement. A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing . coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; . Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this 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 of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Dept iauent 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 T28S110.110(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_equiprent or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate')- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC -81, TWCC_ 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes 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 ver coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with 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 A -1 Oso Bay Park Trail Improvements -- Phase 1 (Bond 2008) Project 3380 SECTION A - SPECIAL PROVISIONS Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity advertisement inviting bids for the project. Proposals the office of the City Secretary, located on the first 1201 Leopard Street, .until 2:00 p.m., Wednesday, May mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 with the official will be received in floor of City Hall, 9, 2012. Proposals ATTN: BID PROPOSAL Proj. # 3380 - Oso Bay Park -- Trail Improvements Phase 1 (BOND 2008) Any proposals not physically in the possession of the City Secretary's Office at the time and date of the bid opening will be deemed lat and non- responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for the .delivery to the City Sectretary's Office. Delivery . of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non- responsive if not in the possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Wednesday, May 2, 2012, beginning at loam. 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 Oso Bay Park - Trail Improvements Phase 1 (Bond 2008), The Phase 1 improvements is the first construction phase of Oso Bay Park. Subsequent construction phases of the park are scheduled to begin design in early February. The Oso Bay Phase I Trail Improvements (Bond 2008) consist of: 1. 406 if 8' Width Stabilized Native Soil Trail 2. 453 if 8' Width Decomposed Granite Trail 3. 2611 if 10' Width Decomposed Granite Trail 4. 628 if 10' Width Reinforced Concrete Trail 5. 216 if 10' Width Reinforced Concrete Trail with turndown Section A - SP (Revised 12/15/04) Page 1 of 24 6. 1 ea Hawkwalk : 258 LF of 8 -foot wide Hawkwalk (including structural and decking) 24'x24' Birding Platform with 18'x 24' Shade Structure (including structural and decking); the boardwalk and birding tower is to be constructed generally of treated lumber material for structural members and pilings; railings constructed of galvanized channel, treated lumber and stainless cable: 7. 7 ea. Fabricated Benches (5) 5' length and (2) 4' length. 8. 3700 if Silt Fence 9. 80 if Barbed Wire Fence Removed and Replaced 10. 2 ea Lockable /Removable Bollard 11. 1.1 ac Clearing for trail and Boardwalk 12. 4600 sy Site Grading for trail and Boardwalk 13. 2000 sy Seed Mix for revegetation of disturbed areas 14. 50 if Removal of barbed wire fence and gate. Oso Bay Park Phase limprovements will connect the existing pedestrian sidewalk along Oso Parkway to the existing Rails to Trails walk at the end of Holly Road. Impact and use of these existing facilities will be minimized during construction with the goal of no closing or impact. The 10' trail is primarily for pedestrian access. The trail will be able to accommodate emergency and park maintenance vehicles (as needed). Gates or other methods will be employed in an effort to prevent vehicular traffic from entering the park. Construction access is to be taken at the termination of Wooldridge Street at the intersection of Wooldridge and Oso Parkway. The boardwalk and birding tower is to be constructed generally of treated lumber material for structural members and pilings as recommended by the Structural Engineering consultant (RVE). All work shall be in constructed in accordance with, the plans, specifications, and contract documents. A -4 Method of Award The bids will be evaluated• based on the Total Base Bid, subject to the availability of funding. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City,s opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference Oso Bay Park - Trail Improvements Phase 1 (Bond 2008) Project No. 3380 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement Section A - SP (Revised 12/15/04) Page 2 of 24 A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 120 calendar days. The Contractor shall commence work within ten. (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project, is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation, insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non- responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent .interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. Section A - SP (Revised 12/15/04) Page 3 of 24 A -10' Wage Rates (Revised 7/5/00) Labor preference and wage rates for Highway Construction. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The .Comic 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, morkmen, and mechanics employed by than 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, unrkmen., and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make hi-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 hi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll subni.ttals . ) One and one -half (1%) 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 an Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and.private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty- eight. (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas 811 Q 811 and the Lone Star Notification C'tany at 1- 800 -669 - 8344. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer neer A/E: RVi- Plarming + Landscape Architecture Traffic Engineering Police Dent Water Department Wastewater Departa nt Gas Departent Storm Water Department Parks & Recreation Department Streets S. Solid Waste .Services AEP S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevisian ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) C4PROCK (Fiber Optic) Brooks Faber Optic (MAN) A -12 Maintenance of Services 826 -3500 826 -3807 512- 480 -0032 (Contact: Peter Dufrene) 826 -3540 886 -2600 826 - 1881(826 -1888 after hogs) 826 - 1800(826 -1818 after hours) 8856900(885 -6913 after hours) 826- 1875(826 -3140 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) Section A - SF (Revised 12 /15/04) Page 4 oe 24 The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as . much information as can be reasonably obtained from existing as- built drawings, base maps, utility records, etc. and from'as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase'in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A--13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct 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. Section A - SP (Revised 12/15/04) Page 5 of 24 Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be .free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor: A -17 Field Office NOT USED Thc Contractor must furnish the City Engineer or his rcprecentativc with a field office at thc construction site. Thc field office must contain at least and heated and must be furnished with an inclined table that measures at least 39-" x 60-" and two (2) chairs. The Contractor shall move thc field • Thc field office moat be furnished with a telephone (with 24 hour.per day separate pay item for thc 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. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial. Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. Section A -- SP (Revised 12/15/04) Page 6 of 24 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench, marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall' be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency /point of circumference • Curb and gutter flow line - both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. Wastewater: Water: All top of valves box; • Valves vaults rim; • Casing cldvati (-top of gigs and flow line) (TXDOT and RR permitc). Section A - SP (Revised 12/15/04) Page 7 of 24 Stormwatcr: • 411 ixtcroccting lints 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 ]. Project sign as indicated on the following drawings and furnish by the City of Corpus Christi. The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 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 actively manage, and share in payments from such an enterprise in the manner hereinafter . set forth: Section A - SP (Revised 12/15/04) Page B of 24 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.Oo 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 enterprise, as the case may be, must 51.0°% or interest stockholders, of the be entitled to receive more of the total profits, bonuses, dividends, 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.O% of the .contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Section A - SP (Revised 12/15/04) Page 9 of 24 Minority Participation Minority Business Enterprise . (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown. of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (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. Contractor must obtain the Certificate of Occupancy, when applicable. Section 3 -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 tees as required by City. Note: This project is subject to Texas Windstorm Inspection. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of Section A - SP (Revised 12/15/04) Page 10 of 24 the bond amount that exceeds ten percent (10a). 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 $100,00 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the .Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption (NOT USED) £cction B G 22, Tax Exemption Provi3ion, is deleted in its entirety and thc following substituted in lieu thereof. Contracts for improvcmcnt3 to rcal property awarded by thc City of Corpus Christi do not qualify for exemptions of Sale:, Excise, and Doc Taxcc unless the Contractor ciccto to operate under o, separated contract ao defined by • the Texas Administrative Code, or such other rules or regulations.aa may be promulgated by thc Comptroller of. Public Accounts of Texas. 1. Obtain thc nccc3oary sales tax permito from thc Ctatc Comptroller. incorporated into the Project. proposal value of matccials. If the Contracter does not elect to operate under a ocparated contract, he resale certificate to the subcontractor and the subcontractor, in .turn, A -26 Supplemental Insurance Requirements For each insurance` coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: Section A - SP (Revised 12/15/04) Page 11 of 24 In the .event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the. Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims NOT USED aragraph (a) Ccncral Liability of Section B 6 11 of the Ce ra1 Provisions Contractor must provide Builder's Risk -or- Installation Floater inourancc coverage for thc term of thc Contract up to and including the date the Floater coverage must be an "All Risk" form. Contractor muot pay all coots ncccocary to procure such Builder's Rick er Inotalla.tion Floater insurance coverage, including any deductible. The City must be named • Section A - SP (Revised 12/15/04) Page 12 of 24 A--28. Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If . any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services Or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all . current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and. City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also 'necessary prior to a change in field administration staff during the term of this Section A - SP (Revised 12/15/04) Page 13 of 24 Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract; such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed 'subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; Section A.- SP (Revised 12/15/04) Page 14 of 24 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s)- authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work - for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts " B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date.the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed. Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion, of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. Section A - SP (Revised 12 /15/04) Page 15 of 24 A -35 City Water Facilities: Special Requirements (NOT USED) A. Visitor /Contractor Oricnto.tion, at a Visitor /Contractor Ea£cty Orientation Program conducted by thc City Watcr Dcpartmcnt Personnel. A Visitor /Contractor Safety Orientation Program will be offered by authorised City Watcr For additional information, refer to Attachment 1. thc City Watcr Department. C. Protection of Watcr Quality all timcs. The Contractor shall protect thc quality of thc watcr in thc job site and shall - aeordinatc its work with the City Water Departmcnt to protcct the quality of thc watcr. D. Conformity with ANSI /NSF Standard 61 All matcrials and equipment used in thc repair, r assembly, conform to American National Ctandards Institute /National Sanitation Foundation (ANSI/NSF) Standard 61 as described in tho Such matcrials include all solvents, cleaners, lubri ants, gaokcts, The Contractor shall provide thc Engineer with copico of writtcn proof of ANSI/NSF Standard 61 approval for all matcrials which could comc into contact with potablc watcr. E. Handling and Diapoaal of Trash subcontractors, must be containcd at all times at thc water Section A -- SP (Revised 12/15/04) Page 16 of 24 F. Contractor's perooBnc -I mgt wear eelored usiferm overalls othcr company name and individual employes identification. must providc own sanitary facilities. J. All Contractor vehieles must he parked at desilmated site, as designated by City Water Department staff_ All Contractor vehicles vehicles arc allowcd at O. N. Stevens Watcr Treatment Plant. All contractor cmployccs must not leare the desig1atcd construction area nor wandcr through any. building's ether than for required work evacuation. K. Contractor Qualifications SCAM (SUPErR:CI-TS0RY CONTROL AND DATA ACQUISITION) Any work to thc computer based monitoring and control oystcm must be performed only by qualified technical and super -isory peroonncl, as determined by meeting thc qualifications 1 thru 9 below. This programming, customizing, dehuggin g, calibrati g, thcsc specifications. er placing in The Contractor or his subcontractor proposing to perform the SCADA work must be ablc to dcmonttratc thc following. and control system business, preferably -as municipal watcr and wastewater industry. 2. He has performed work on syst and complexity as required in thrcc prior projccts., 3_ He has been actively engaged in the type of work cpccificd herein for at loast 5 years. applied to the this Contract on at least 4. -S. G. £ystcmo Engineer, or an Electri al Prnginccr to superviac or completed a manufacturcr`a training courao in and implcmcnting 'the specific computers, RTUS'3, and coftwarc proposed for thc Contract. He maintain-et a permanent, fully . staffed and equipped ocrvicc facility within 440 miles of thc Projcct site to maintain, repair, calibrate, and program the syctcros cpccificd herein. Section A - SP (Revised 12/15/04) Page 17 of 24 Aot practical, all equipment of a given type will be tho product of one manufacturer. 8. Prior performance at. thc O. N. Ctcvcnc Water Treatment Plant will be used in evaluating which Contractor or cubcontractor p.rogramc the new work for this Project. blocks required to show the programming ac needed and required, to add these two systems to the existing City SCrDA system. Attached is an example of the required the programming phase. The attached sheet is an example and Contractor will provide all programming blocks laced. L. Trenching Requirement.? All trenching for this project at thc 0. N. £tevcnc Water Treatment number of existing undcig-reund obstructions. No trenching machine A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must .schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. . Section A - SP (Revised-12/15/04) Page 18 of 24 g. Variations: Contractor must. identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 2 Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full . range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3.. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. 24.-37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED Under "Cenral Pinions and Requirements for Municipal Construction Contracts", B includes implementing water conservation measures established for . changing the pre construction meeting. The Contractor will keep a espy 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 this Special Provision. A--39 Certificate of Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision 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 Section A - SP (Revised 12 /1S /04) Page 19 of 24 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 an ozone advisory bac been iscucd, cxccpt for repairs. The City Engineer will the day will not be counted as a work day and the Contractor will be A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and, agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall . furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As-Built Dimensions and Drawings (7/5/00) Section A - SP (Revised 12/15/04) Page 20 of 24 (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all.facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the followings • (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of.work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) NOT USED The Cent actor shall be rcaponbiblc for the disposal of water used for testing, disinfection and lint fluohing kn an. approved manner. Contaminants in thc water, particularly high lcvelc of chlorine, will be used for disinfecti -e , and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous to comply with the requirements of all regulatory agencies in thc disposal of all water used in thc project. The methods of disposal shall be submitted to chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A -47 Pre- Construction Exploratory Excavations (7/5/00) NOT USED and expose all existing pipelines of thc project that cross within 20 feet of vertical and horizontal location of pipeline. For existing pipclines each crossing and potentially which parallel and arc within ten conflicting feet (10') of exiting pipelines at a maximum of 300 feet 300 fcct maximum O.C. Q.C. and Contractor shall survey Contractor shall then prepare a report and submit it to the City for approval indicting the Owner of pipelines eeavated and surveyed, as well as tho approximate station thereof, distance to thc pavement centerline and elevations of thc top of existing pipelincs. report_ Section A - sP (Revioed 12/15/04) Page 21 of 24 all his own survcy work cffort (no scparatc pay) for cxploratory cxcSavationo.. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP &L and inform CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A--49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the. City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract." A -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 NOT along with the appropriate fee, and complete a Construction Site Notice for this Project. The Contractor is required to provide copies of the NOT and the Construction Site Notice to the City prior to the commencement of any construction activities. The Contractor is also required to post a signed copy of the NOI and the Construction Site Notice at the construction site in a conspicuous location where it is readily Section A - SP (Revised 12/15/04) Page 22 of 24 available for viewing by the general public, local, state and federal authorities, prior to commencement o f any construction activities. The contactor- 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. Section A - SP (Revised 12/15/04) Page 23 of 24 SUBMITTAL TRANSMITTAL FORM PROJECT: OSO BAY PARK .TRAIL IMPROVEMENTS PHASE 1 (Bond 2008) PROJECT No. 3380 OWNER: CITY OF CORPUS CHRISTI LANDSCAPE ARCHITECT RV:i Planning + Landscape Architecture + Graphic Design CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Timber Pilings Dimensional Lumber - Chemically Treated Dimensional Lumber - Thermally Treated Fasteners (Nuts, Bolts, Washers, Screws, All - thread) Structural Steel (Tubing, Angle, Channel) Hanger Products (Simpson Strong Ties) Concrete Mix Concrete Reinforcing (ExpJoint Materials, Rebar WWM) Decomposed Granite Galvanizing Bollards Shop Drawings (Guardrails, Handrails, Shade Structure) Silt Fence Barbed Wire Fencing Silt Fencing Shop Drawings (Field Dimensions for Structural Fabrication) Revegetation Seed Mix Stabilized Soil Pavement — Permazyne Section A - SP (Revised 12/15/04) Page 24 of 24 1 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 26TH day- of JUNE, 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 $638,062.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: OSO BAY PARK — TRAIL IMPROVEMENTS PHASE 1 (BOND 2008) PROJECT NO. 3380 (TOTAL BASE BID: $638,062.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor. shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 120 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 City Secretary APPROVED AS T By: Asst. City Attorney EG • FORM: ATTEST: (If Corporation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRISTI By: Oiv --)7T7 Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By: Daniel Biles, P.E. Director of Engineering Services CONTRACTOR H2O Construction Services, Inc. By: Title: 7210 Windwillow (Address) Corpus Christi, TX 78414 (City) (State)(ZIP) 3611695 -4249 * Iiquinzgarza(ayahoo.com (Phone) (e -mail) Page 3 of 3 Rev. Jun -2010 67 t!flWW,L 2 sEcRE'rAxr " " � 1 P R O P O S A L F O R M F O R OSO BAY. PARK TRAIL IMPROVEMENTS - PHASE 1 (Bond 2008) Project No. 3380 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Addendum No. 1 Attachment No 2 1 of 8 P R O P O S A L Place: Date: =5/910, Proposal of /1120 .F tA` tti "x . a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: OSO BAY PARK — TRAIL IMPROVEMENTS PHASE 1 (BOND 2008) PROJ. NO. 3380 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit: Addendum No. 1 Attachment No. 2 2 of 8 II III IV ITEM QTY Description Unit Price 1 2 406 LF 453 LF 8' WIDTH STABILIZED NATIVE SOIL TRAIL in accordance with the plans and specifications, complete and in place. 8'WIDTH DECOMPOSED GRANITE TRAIL in accordance with the plans and specifications, complete and in place. `2 3 4 5 2611 LF 628 LF 216 LF 10' WIDTH DECOMPOSED GRANITE TRAIL in accordance with the plans and specifications, complete and in place. 10' WIDTH REINFORCED CONCRETE TRAIL in accordance with the plans and specifications, complete and in place. 10' WIDTH REINFORCED CONCRETE TRAIL WITH TURNDOWN in accordance with the plans and specifications, complete and in place. V Total Addendum No. 1 Attachment No. 2 3 of 8 6 1 EA HAWKWALK With railing, platforms, handrail, shade structure, including all decking and structural support in accordance with the plans and specifications, complete and in place. 7 EA FABRICATED BENCH (5) 5' and (2) 4' in accordance with the plans and specifications, complete and in place r $ 8 3700 LF SILT FENCE in accordance with the plans and specifications, complete and in place 9 10 80 LF 2 EA BARBED WIRE FENCE - REMOVE AND REPLACE In accordance with the plans ad specifications, complete and in place. LOCKABLE /REMOVABLE BOLLARD in accordance with the plans and specifications, complete and in place --* gyp,. $ vie 6 11 5,324 SY SITE CLEARING AND STRIPPING as needed for trail and Hawkwalk, including cleaning existing RCP's , in accordance with the plans and specifications, complete and in place. SITE GRADING as needed for 12 4600 trail and Hawkwalk in SY - accordance with the plans and ° v" specifications, complete and in place. $ It; err t • Addendum No. 1 Attachment No. 2 4 of 8 13 2000 SY SEEDING for re- vegetation in accordance with the plans and specifications, complete and in • BARBED WIRE FENCE AND GATE, REMOVE in accordance with the 14 50 LF plans and specifications, complete and in place. IS STABILIZED CONSTRUCTION -' 15 1 EA ENTRANCE, in accordance with plans and specifications, complete and in place. STORM WATER POLLUTION PREVENTION PLAN, in accordance 16 1 EA with plans and specifications, complete and in place. fy.i 41� TOTAL BASE BID: $ (Bid Items 1 -16) 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. Addendum No. 1 Attachment No. 2 5 of 8 Time of Completion: The undersigned agrees to complete the work within 120 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number) : • is i (SEAL - IF BIDDER IS Respectfully submitted: Name: 016'5 • By: '' a Corporation) Address: ( #GNATURE) (P.O. Box) (Street) w • . (City) (State) (Zip) Telephone: -711- k p , NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) Addendum No_1 Attachment No. 2 6 of 8 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF NUEGES § KNOW ALL BY THESE PRESENTS: BOND No. 105765324 That H2O Construction Services, Inc. of the City of Harlingen , County of Cameron , and State of Texas , as principal ( "Principal"), and Travelers Casualty and Surety Company of America , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sure of AIL HUNDRED HI -EIGHT THOUSAND. SIXTY -TWO AND 001100 U.S. Dollars t$ 838.062.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors. administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 26TH of JUNE , 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: OSO BAY PARK — TRAIL IMPROVEMENTS PHASE 1 (BOND 2008) PROJECT NO. 3380 (TOTAL BASE BID; $638,062.00) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and /or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended_ Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas insurance Code, as amended. in witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the _ 20th day of July 2012. PRINCIPAL, SURETY H2O Construction Services, Inc. ATTEST: Secretary Travelers Casu Surety Compan By: Att• ney -irr- act Kevin McQuain Address: 14656 McKenzie Lane Addfess :4650 Westway Park Blvd. Harlin en, TX 78552 (Rev Date May 2011) Houston, TX 77041 Telephone: Fax: 281- 606 -8400 281- 606 -8436 E -Mali: kevinmcquain @chsinc.com Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process; Name: Agency: Kevin Keetch Keetch and Associates Insurance Address: 1718 Santa Fe Street (Physical Street Address) Corpus Christe, TX 78404 (City) (State) (Zip) Telephone: 361 - 883 -3803 E -Mail: kevink@keetchassociates.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract END (Rev Date May 2011) Performance Bond Page 3 of 3 PAYMENT BOND STATE OF TEXAS COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. 105765324 That H2O Construction Services, Inc. of the City of Harlingen , County of Cameron, and State of Texas, as principal ( "Principal "), and Travelers Casualty and Surety Com.an A - ' ca a solvent company duly authorized under the laws of the State of e - - . - ; on bonds for principa " are held and /firmly bound unto the City of Corpus Christi, a Home Rule municipal wo�co ration Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, ;orers, 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 SIX HUNDRED THIRTY - EIGHT. THOUSAND, SIXTY-TWO AND 001100 U.S. Dollars ($ 63L 062.00 U to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made. We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally; firmly by these presents: Conditions of this bond are such that, whereas. Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 26TH day of JUNE, 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: 05O BAY PARK — TRAIL IMPROVEMENTS PHASE 1 (BOND 2008) PROJECT NO. 3380 (TOTAL BASE BID: $838,062.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect_ Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. {Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that rf any legal action be filed on this bond, venue shall tie in Nueces County, Texas_ The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. in witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 20th day of July _. , 2012. PRINCIPAL_ H2O Construction Services, Inc. Title: ATTEST: Secrets SURETY Travelers Company 13 ttorney-in Ct Kevin McQuain Address: 14656 McKenzie Lane Address: 4650 Westway Park Blvd. Houston, TX 78552 Houston, TX 7704; Telephorrr: 281- 606 -8400 Fax '81- 606 -8436 E -Mail: kevin. cquain@chsinc.com (Rev. pate May 2011) Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch and Associates Insurance Address: 1718 Santa Fe Street (Physical Street Address) Corpus Christi, TX 78404 (City) (state) (dip) Telephone: 361- 883 -3803 E-Mait: kevink @keetchassociates_com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END tev. 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. OSO Bay Park - Trail improvements) Phas Proiect No. 3380 Surety Company :: Ladies /Gentlemen: 1, Robert Gavos, Managing Director(mseri Name of Officer of Surety and Title),' hereby Travelers Casualty and Surety Company of America certify that the facsimile power of attorney submitted by Kevin McQuain (Insert Name of ,4itomev -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 -92.77 Signed this A° day of -tJ... 2012. Gavos Title Managing Director Sworn and subscribed to before me on this o day of 2012. CHERYL M. T©LER Notary . Public STATE OF TEXAS My Camm;:Exp. May 9, "2D15 Revised 2/10) otary State of (-6(66 My Commission .Expires :[ t' Asek TRAVELERS J 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 Attorney -In Fact No. 222639 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. V 0463432 d 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 Iawful 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. 12th 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 By: St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company epA 4Te q on this the 12th day of December 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such., being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440 -6 -11 Printed in U.S.A. \CII\••• C. Tetreauk, 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 Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary,. any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 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 I=nsurance 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 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 20th day of July leg--r E. Hughes, Assistant Sec tary 2012. 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: /Iwww.tdi.state.tx.us E -mail: ConsumerProtection Ca�tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN- 042 -B) Ed. 10.18.07 PAYMENT BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No. That H2O Construction Services, Inc. of the City of Harlingen , County of Cameron, and State of Texas, as principal ( "Principal "), and , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal . sum of SIX HUNDRED THIRTY -EIGHT THOUSAND, SIXTY -TWO AND 001100 U.S. Dollars ($ 638,062.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 26TH day of JUNE, 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: OSO BAY PARK — TRAIL IMPROVEMENTS PHASE 1 (BOND 2008) PROJECT NO. 3380 (TOTAL BASE BID: $638,062.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the day of , 2012. PRINCIPAL SURETY By: By: Attorney -in -fact Title: ATTEST: Secreta ry Address: Address: (Rev. Date May 2011) Telephone: Fax: E -Mail: Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Agency: Address: (Physical Street Address) (City) (State) (Zip) Telephone: E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 PERFORMANCE BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No. That H20 Construction Services, Inc. of the City of Harlingen , County of Cameron , and State of Texas , as principal ( "Principal "), and , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of SIX HUNDRED THITY - EIGHT THOUSAND, SIXTY -TWO AND 001100 U.S. Dollars ($ 638,062.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said • Principal and Surety, bind ' ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 26TH of JUNE 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: OSO BAY PARK — TRAIL IMPROVEMENTS PHASE 1 (BOND 2008) PROJECT NO. 3380 (TOTAL BASE BID: $638,062.00) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within .a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the day of , 2012. PRINCIPAL SURETY By: By: Attorney -in -fact Title: ATTEST: Secretary Address: Address: (Rev. Date May 2011) Telephone: Fax: E -Mail: Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Agency: Address: (Physical Street Address) (City) (State) (Zip) Telephone: E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: FIRM IS: 1. Corporation 4. Association CITY: (0/ (h/N , 2Z ZIP: 7 `/V 2. Partnership 3. Sole Owner 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named " firm." Name Board, Commission or Committee / 4. State the names of each employee or officer of a "consultant" for the . City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant Addendum No. 1 Attachment No. 2 7 of 8 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. {Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Aid 5 14.441:2-j Title: (Type or Print) Signature of Certifying Person: `tea. Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g- "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Addendum No. 1 Attachment No. 2 8 of 8 ACORD, CERTIFICATE OF LIABILITY INSURANCE PRODUCER 1HSURED TEE KLEMENT AGENCY P.i7 BOX 820 PROSPER (972) 552 -7455 H2O Carlstadt() Sarvic s, Inc. P.O BL)): 532845 Harlingen TX 75078 7X 78553 i]ATE IMM)001YYYY3 X071/012 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 ., }sKrit A ESS X 'INSURANCE CO.. �NSl1REF4,Et;.P.RCGRESSIVE OCINTY rye i ,INSUkti.H <v_/'Y V.LfV ZURE1-.1.INSURANDE .I r:S �RGFt L I INSURER £ NAIC -# Y THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQu R :ME_NT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPC CT TC) WHICH THIS CERTIFICATE MAY BE,I:�SIJED Oft MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE 'TERMS. r: XCL1JSIONS AND CONDIT;ON:S OF 13 UCH POLICIES. AGGREGATE. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _ ..... ........._ .. _...,. ._ _._..___._._ ._ :,..._... .. ..E... .. ._ ... IN SR ADD L. - AOLIIY EFFErayyj POLICY ilmtnn rE} TYPE OF INSNIQ ''A nil fEA�6yAF(1F1�fiyy} - ;1 ;FR (M61tf]F1NY} LIMIT$ rrWy�y��POLIC1YnN1J#YFBEit fYF GENERAL.LIABILITY UI._42LJCFi31 39 � UCi'12%LV1 i . X: c, 1,1i:7E.ROIAI. FL,II :.1�AL i. -As 1;!ii : . , 11ai-:a;r•,•. X:: ^.l_;-,:R .... :it :_,:-L A'P' A` -- IV! T AS PER -. A; PoLiCY' I �YY� f ry �121z)12 - EACIIisCLUiiREI4GE.. -. ..._..1,.000000 .. PREMiaES.iE:a.c>acu;enct:. �. ;...,_......- 1.00,00 J 1drn:: te?N i;R, LE;sryr Pt F2 f IAACP)P 1i:Y z� ...,. ... - E,L1L11.ta1.Fi..A.! (' 1wP .1,1 :0REGA'�C, r5. ,.._2000,000.. - i'RCSJ;.'C: f °, tt 1: 6 a ?�i; - t ..VI.R.t ti..00 • _....... /�-y 1+y�.i j�yy+I{ �s+i�A� }rye -F +� .. y.,.y��_ kUTOMOBIL>= LiA81' »lii. �'�576 - ICJ 13 �.u[ I 2 3�]'ttJ 2 0.)M.N;NED SING: E Mils 1r rLh.14] C X ; AL i'MNED ABIOS R!,G1;I Y INJUHY 1 X r< ri3 E l EM i ''r ll NI)N CANNED AL; ;0;-6 . fE cr.' uc taC-. - j - SP¢: a!-crt:nnll ' GARAGELIASIUTY - Fti F i NLV s; £ .;f:M1:i . $ -- ANY AUrot. ;i1 HGH THA`i :,A .4':;: ", ' : .. l.. Al1I(; L >NLY AtiCi,.$. ...,.- EXCESSIUMBRELLA LIABILITY k 1 c.11 i:4CCJRRrNc DE:1)IJ TIHLES 1 I i � .. _ .... ;.S _.. _... ... WORKERS COMPENEATIONAND rMPLOYERS' LIABILITY - .A;;5"r'H(?IFH-FI t+-N,PF.R I tt.f?'E; Xi C'_t NYE.: :p MEMBrEiR x.;L;I DL ti' if yes. tirsrsibe+uxler 'ECIALi'R');!`�ON`E.,r -a 1 )..tRY ETA �CER..: :�i:rl.lias:rs, _Ti ..:... ........ .. 3. k N a:19) =F.1 c - -. .. _ E t I� s ✓Se -' -E - M i; YE): s .. . _... . ., 1 V1A'A$E,--POLICYLith4I _... OTHER 'EC67 +4585-04 : C010612012 o3c 612D13 : p3,+i4+EyK. 150.000 00 NAND pAp^E COVERACE : SCI -€EUL D -UV T ,0,000 - {�y DESCRIPTION OF O?ERATIONE F LOCATION51 VLHICLEs t EXCLUSIONS ADDEO BY ENDORSEME NT; EPEi:1AL j OVIESONE project t #3380 c o Bay Paris Trali I rrproverents Phase 1 (Bond 2008) fir/ lhEO F CF CURB O-RISIF IS NAIVE) AS i"L.DI11cNAL INSURED CN LLCENEWL, LIABILITY AND ALL AUTO LABILITY POLICIES 30 DAY NOTICE CFCANCHJ., A11CN ,APFIJBSTOAllPOLICIES.F-i2©C F i1CNIS ALSO USTEDPSAN ADDITIONAL. Imo] CERTIFICATE HOLDER CANCELLATION Ai 1ti6049 CITY CF CORPUS C- 7 I DOWERING SERVICES ATM �TC AFI IS TRATryR PO BOX 9277 CORPUS CI RiS TT TX ^84 69- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE T1iEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _11!_,_... DAYS WRITTEN NOTIG€ TO THE CERT1FFCATE HOLDER NAN}EO TO THE LEFT. BUT FAILURE TO DO SO SRAL L IMPOSE NO OBLIGATION DR OA BFLITV OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATFVES, AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) Fax ( ) - CJ ACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE INIMIGENTYYsn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERISJ, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. . IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{ieS) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl. PRDDDC TF� K SVJ V T AlNCY P.O. BOX .y� P B()( 820 PROSPER TX 79)78 ._ ._ ... ... -- __ INSURED Cte Stop Staffing LLC eV ! 1305 East 1Attshingtai Harlingen TX 78591 CONTACT E _GREG RENEW ..— .. — .- -'- (Al4No, Eut): (972) 562-7455 .. _ ! uuc, No 4 ), 2 -7129 __. E-MAIL ADDRESSL_ ACHY "t /'�A /�A!I 1 . ._-_ — _.._ . INSURERISI AFFORDING COVERAGE I NAIL k -, IM$URER A :DELTA GECY i#IagRH TECArMI yi_ yS..LA _ _ INSURER C: __ HIS RER - - _ —I — _ 1 ! VRER 5 : — INSURFIIE : CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES: LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. W —— — �- - -EMITS _EXCLUSIONS INSR. "- TYPEOFINSURAMCE AD- DL5UBR . - .a • ... i. POLICY EFF ..� . •haa _ -. -- — POLICY EXP , .. I. ae GENERAL LIABILITY EACH OCCURRENCE S . ._ . I - COMMERCIAL GENERAL LIABILITY : CLAIMS -MADE I_, I OCCUR . 1 [ . -. DAMAGE TO RENTED PREM]SES (Ea occurrence) _ .., 5 _ — MEI]EXP (Any one person) . • S PERSONAL IS ADV INJURY -.1 $ — GENERAL AGGREGATE _5 - } I • — GENII. AGGREGATE LIMIT APPLIES PER. ! � POLICY I PRO' I. 1 LOC I _, P _O,OUCTS - COMPlOP AGG 15 -- 5 AUTOMOBILE _ — .._.i LIABILITY ANY AUTO �_ ALL OWNED AUTOS I , HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS 1 I 4 II I . ?E COMBINED acrid OSINGLE LIMIT iEa�ccidenl)_ : 5 BODILY INJURY {Per person) l S ... _. -,.._. — BODILY INJURY Per accent) 5 — PROPERTY DAMAGE.. (PPr err,gontl . L 1 i ....._ a .EACk OCCURRENCE_ . S _1,030 0013 , � AGGREGATE. - .$'___10r0A%3i5.+L!__ - 5 A X UMBRELLA LIAB • X I OCCUR 1 EXCESS LIAB CLAIMS -MADE 71390019156 I 12/16(2011 12/1612 i • mu_ -I� RETENT10N 5 B I WORKERS X 3 -211 11/04/2011 11/04/20 2 X.LT. a i A ,14s I I ° _.. — I S 1,001(03 8 1,01QJ,QCO _ S 1,001{,/,000! 000 �J0Q AMR EMPOYERS I ABILT Y! N qNY PROPRIETOR/PARTNER/EXECUTIVE 1 • 6FFICER :MEMBER EXCLUDED? N (Mandatory in H1 if yes, descnhe under •,, • y - e I : N I A 1 IMF-1196 I I -�j/ ���ddd!!! E L EACH ACCIDENT E.L. DISEASE.- EA EMPLOYEE E L. DISEASE • POLICY LIMIT DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Sch tale, if more space is required). Project #3380 Coo Bay Pak Tral Irrpr;een tints Phase 1(BDrd 2008) TI-E °TY OF CCRPUS C -RISTI IS NWU®AS ACOITICNPL I NSURID al ALL GENERAL LIABILITY AND ALL AUTO LIABILITY PCUCIFS 30 LAY NOTICE CF CAI\E AIIC N APPLIES TO ALL POLICIES. H2O CCNSTFLICTICN IS ALSO USTED AS AN ACCO1CNAL INSLJFED CERTIFICATE HOLDER CANCELLATION AI lava CITY CF CORPUS O-RISTI E II∎EE LNG SERVICES ATM OONTRACT ADMNISTRATOR PO BOX 9277 CORPUS 0-131STi TX 78469- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (20101051 Fax( ) - The ACORD name and logo are registered marks of ACORD © 1988 -2010 ACORD CORPORATION. All rights reserved. POLICY NUMBER: CL42 091 3 1 1 9 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR . CONTRACTORS - COMPLETED OPERATIONS TI, s endorsement modifies 1nturence pr3vided under toe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCI-IEDULE Name Of Additional Insured Person(S) Or Organizationls): CITY OF CORPUS CHRISTI Location And Descri tian Of Com Teter! O orations #3380 OSO BAY PARK TRAIL IMPROVEMENTS PHASE 1 (BOND 2008) tr ormatio. IeguireJ to complete this Schedule, it not shown above will be shown in the Declarations Section ll — Who Is An Insured Is ernrsnoed to include as an addr:ional insured the person(s) or organiztition(S) snows in the Schedule. but. only with respect to :lability for' bodily ilury" or "property dam- age" caL5ed in whole or in ;art. ty "your work at the tocalion designated and described in the schad- ure cf thi5 endorsement performed for that additicnel insured and included ,n the "products-completed operatiOnS t10zarC'. CG 20 37 07 04 (0 ISO Properties, Inc., 2004 Page 1 of 1 D f'!DLICY NUMBER. CL420913119 1 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION I,Iy end0rscrnen: modifies sn;tlranco provided under thr following. t :OMMERCIAL GENERAL 4.,IABlLITY COVERAGE PAR SCHEDULE Name Of Additional Insureci PersonIsl �� Or Or artixation(S ; Location(sj Of Covered O motions CITY OF CORPUS CHRISJI #3380 OSO BAY PARK TRAIL IMPROVEMENTS PHASE 1 (B0140 2008) I.Informa:uin per bred to complete this Scheoule. :f not shown above, will be snows in the Declarations. A. Section l! - Who is An Insured is amended to Inc ode as an 4ddltiCnel insured the oerson(s) )r r :rganIzatiJr'is) show, in the StheduIe. but only with l aspect to liability for bod Iy it junf, ..property oarni'jt{• or personal and atjverttsuty injury. r In�r E, Ir1 whole ur it part. by. 1. Y0:-I acts cr omissions. 01 2. The uctS Or on1is Ct''S 01 thine SwUng nn your h half: :r; the performance or yat.r ONS)111@ oneratforty for a9c.harn;l nsurerl S, -at the lnc'i0n(S) deslg• Balers atiovc CG 20 10 07 04 B. With ;expect to the insurance afforded b tnesv additional nsureds, the ioilovrurtq additional Okt.i� sions n, },ply This, Insurance aces not -pply in 'bodily, injJly 01 'property damage- occurring otter. 1. All wink, inducing .natwrials, pails cr +:quu:; meet furnished .n :;ennectron with st:ctt work. on the project (other than service. maintenance or lupuits) to be perforriied by yr on behalf of the addr_tonat insure .s1 at the irr.3tion :f the covered operations has been completed. Or 2. That par:ion of "your work' uut of which the injury cr damage DIises has been put to its In- tended use by any person or organ.zatit_n other than another cor.tiactur or subcontractor en- o:pie:i 1.11 portorm,ng uvu: ^.lions ror as a Dart of the same protect, Prooecties, Inc , :6004 Pagr 1 of 1 LI POLICY NUMBER CL420913119 V COMMERCIAL GENERAL LIABILITY CG2r#041093 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ Tf CAREFULLY. WAIVER OF TRANSFER OF RIGHTS Of' RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided tinder the folluwing- p COMMERCIAL GENERAL L1A8UJ1Y COVERAGE PART �f SCHEDULE Name of Person or Orgemixation: CITY OF CORPUS CHRISTI of nu entry appears above, information required to complete this endorsement will be sho n xn the Declarations as appli- cable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition ( # w — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition ad'tlae following: we waive any right of recovery we may have against the person or organization shown in schedule above becau4C of payments we make fbr injury or damage arising nut of your ongoing operations or "your w: rk" dome under a corona with that person or organization and included in tht "produces - completed °pc:Cations havard". This waif applies only to the peis011 or orgamrxation shown in the Schedule above, CG 24 04 10 93 POLICY NUMBER, 05565767 -5 COMMERCIAL AUTO CA 04 03 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorserent modifies insurance provided under the following; BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement. the provisions of the Coverage Form apply unless mod;_ tied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective. 12/13/2011 Named insured. H2O CONSTRUCTION SERVICES INC Countersigned By SCHEDULE Authoriz Name and Address of Additional Insured: CITY OF CORPUS CHRISTI PO BOX 9277 CORPUS CHRISTI TX 78469 Representative) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A_ Who Is An insured {Section 11) is amended to include as an "insured" the person(s) or organiza- tion(s) shown in the Schedule, but only with re- spect to their legal liability tor acts or omissions of a person for whom Liability Coverage is afforded under this policy 13. The additional insured named in the Schedule or Declarations is not required to pay for any premi- urns stated in the policy or earned from the policy. Any return premium and any dividend, if applica- ble, declared by us shall be paid to you. C. You are authorized to act for the additicnal.insured nameci in the Schedule or Declarations in alt mat- ters pertaining to this insurance D. We will mail the additional insured named in the Schedule or Declarations notice of any cancella- tion of this policy It we cancel, we wili give 10 days notice to the additional insured E. The additional insured reamed in the Sct'rsrule or Declarations will retain any tight of recovery as a claimant under this policy. CA 04 03 06 04 © ISO Properties, Inc., 2003 Page 1 of 1 1=} POLICY NUMBER: 05565757 -5 COMMERCIAL AUTO CA 20 89 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. • This endorsement changes the policy effective on the inception state of the policy unless another date is indicated below. Endorsement Effective: 12/13!2011 Named insured: H2O CONSTRUCTION SERVICES INC Countersigned Sy: (Authorized �2e resentative SCHEDULE Name Of Person(s) Or Organization(s): CITY OF CORPUS CHRISTI Additional P remium $ Of no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the persons) or organize - tion(s) shown in the Schedule. We will retain the additional premium shown above, regardless of any early termi- nation of this endorsement or the policy. Pane 1 of 1 ❑ POLICY NUMBER: CL420913119 COMMERCIAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION V PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: CITY OF CORPUS CHRISTI I 2. Address: PO BOX 9277 CORPS CHRISTI TX 78469 3. Number of days advance notice: 3D Information required to complete this Sc ' -duce; if not shown above, will be shown in the Declarations. CG 02 05 12 04 © ISO Properties, Inc., 2003 Page 1 of 1 ❑ POLICY NUMBER: 05565767 -5 f COMMERCIAL AUTO CA02440604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: i VBUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below, Endorsement Effective: 12l13i2011 Countersigned By: Named insured. H2O CONSTRUCTION SERVICES Number of Days' Notice Name Of. Person Or Organization CITY OF CORPUS CHRISTI Address PO BOX 9277 CORPS CHRISTI TX 78469 SCHEDULE e resentativeL If this policy is canceled or rnaterialty changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA 02 44 06 04 © ISO Properties, Inc., 2003 Page 1 of 1 ❑ xaS ® tNORICEIRS' COMPENSATION AA1D EMPLOYERS LIABILITY INSURANCE POLICY Insurance Galway WC420601 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 2. Notice will be mailed lo: CITY OF CORPUS CHRISTI 1201 LEOPARD ST PRJ; E11074 TURTLE CV PRK /JESTER DRAINAG CORPUS CHRISTI, TX 78401 This endorsement changes the policy to which t is attached effective on the inception dale of the policy unless a different date is indicated below. (The following "attaching clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, attentive on January 13 , 2012 at 4201 A.M. standard time, forms a part of Policy No. TSF- 00011913237 20111104 oeTexasMutuallnsuranceCompany Issued to ONE STOP STAFFING LLC DBA: ONE STOP STAFFING Premium $ 0.00 WC420001 (ED. 1 -94) Endorsement No. _. Authorized Representative INSURER'S COPY LXHAMILT 1 -23 -2012 ** pi Wt3FtItERSCOMIsE.NSATION AND l .DYERS TexasugJ O WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This encl ofseMent applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of fire Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule, Schedule 1. ( ) Specific Waiver Name of person or organization ( x ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be ,j ?Q percent of the premium developed on payroll connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium 1 NCLUDED , SEE. I NFORMAT ICON PAGE The endorsement changes the policy to which it is attached effective on the Anon date of the policy unities a different date is indicated toalovv. ffite loltoreng "aVaching clause" need be cornpretod only when this endorsement is issued SUbErCqUera to pteparrnton of the policy Ttie endorsetnent, effective on Policy NO. TSF- 0001198237 -2011 Issued to ONE STOP STAFFING LLC Premium S wc4203134A (ED, 1.01- 2000) at 12'01 A M. standerd time, forms s part of or trte Texas Mutual Insurance Company Endorsement No. �1/ Authorized Representative AGENT'S COPY GXPANGEL 7 -27 -2010 in