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C2012-260 - 7/17/2012 - Approved
BILL WITT AND BOTSFORD PARK IMPROVEMENTS PROJECT NO. E11I29 Table of Contents NOTICE TO BIDDERS (Revised 715/00) 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 Offieo NOT USED A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A 21 Project Signs NOT USED A -22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) NOT USED , _ .- A -24 Surety Bonds A 25 Sales Tax Exemption NOT USED (6/11/98) A -26 Supplemental Insurance Requirements A 27 Responsibility for Damage Claims NOT USED A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A 35 City Water Facilities Special Rcquircmenb NOT USED A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities ' - NOT USED A-40 Amendment to Section B -8 -6: Partial Estimates A 41 Ozone Advisory NOT USED A -42 OSHA Rules &Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) A -46 Disposal of Highly Chlorinated Water (7/5/00) A -47 Pre - Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Maintenance and Control of Wastewater Flows A -51 Stormwater Pollution Prevention A -52 Groundwater Discharge A -53 Amended Prosecution and Progress • + - r -• A PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS DIVISION 2 —SITEWORK 021020 Site Clearing and Stripping (5 -5) 022060 Channel Excavation (5 -11) 026404 Water Service Lines (S -87) 026404 Private Water Service Lines (S -112) DIVISION 3 - CONCRETE 030020 Portland Cement Concrete (S-40) 038000 Concrete Structures (S -41) PART T - DIVISION 2 021040 -T 021080 -T 022020 -T 022080 -T 022100 -T 022410 -T 022420 -T 28061 -T 28100 -T TECHNICAL SPECIFICATIONS — SITEWORK Site Grading (S -6) Removing of Old Structures Excavation and Backfill for Utilities and Sewers Embankment (S -1 3) Select Material (S -15) Stormwater Pollution Prevention Plan Silt Fence (S -97) Landscaping Irrigation Systems LIST OF DRAWINGS Sheet No. Description 1 TITLE SHEET & COVER PAGE 2 GENERAL NOTES, SEQUENCE OF CONSTRUCTION, ESTIMATED QUANTITIES, & TESTING SCHEDULE 3 BILL WITT PARK EXISTING CONDITIONS, CONTROL, & DEMOLITION PLAN 4 BILL WITT PARK. GRADING PLAN 5 BILL WITT PARK DITCH & FILL DETAILS 6 BILL WITT PARK EROSION AND SEDIMENTATION CONTROL PLAN 7 BOTSFORD PARK EXISTING CONDITIONS, CONTROL, & DEMOLITION PLAN 8 BOTSFORD PARK GRADING PLAN 9 BOTSFORD PARK SIGN FOUNDATION & FILL DETAILS 10 BOTSFORD PARK FOOTBALL FIELD ELECTRICAL LAYOUT 11 ELECTRICAL DETAILS 12 ELECTREICAL SPECIFICATIONS 13 LANDSCAPE PLAN 14 IRRIGATION PLAN 15 LANDSCAPE AND IRRIGATION NOTES & DETAILS 16 BOTSFORD PARK EROSION & SEDIMENTATION CONTROL PLAN 17 STORMWATER BEST MANAGEMENT PRACTICES ATTACHEMENTS Attachment 1: Botsford Park Geotechnical Information 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: BILL WITT AND BOTSFORD PARK IMPROVEMENTS (PROJECT NO. E11129) consisting of the construction of one new soccer field at Bill Witt Park including demolition of existing concrete and the installation of select fill, grading, seeding, and ditch excavations; and the rehabilitation of the existing football field at Botsford Park including demolition of existing concrete and the installation of select fill, an irrigation system, foundation and electrical for a new scoreboard, grading, and seeding.; in accordance with the plans, specifications and contract documents; Bids will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, May 23, 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 a.m. on Wednesday, Wednesday May 16, 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 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional Ten and no /100 Dollars ($10.00) which is anon - 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, 'rE) AS Isi Dan Biles, P.E. Interim Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury • $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON- OWNF.f OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION . EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK • See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED © NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 ❑The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ❑The name of the project must be listed under 'description of operations" on each certificate of insurance. ❑For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section 3 -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 826 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B. NOTICE TO CONTRACTORS B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and 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 orentity'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; (13) 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 encl 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 whore 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 (8) 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 Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House 8E11089, 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 T28 S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(l) 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 not 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 verb coverage and report lack of coverage 1. The contractor shall contractually require each person with whom it contracts to provide services on a project to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, `which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notes 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 BILL WITT PARK AND BOTSFORD PARK IMPROVEMENTS CITY PROJECT NO. E11129 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2 p.m., Wednesday, May 23, 2012. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street • Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - BILL WITT PARK AND BOTSFORD PARK IMPROVEMENTS (CITY PROJECT #E11129) Any proposals not physically in possession of the City Secretary's Office at the time and date of the bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Wednesday, May 16,2012 beginning at 10 a.m. The meeting will convene at the Engineering services Main Conference. Room; Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas 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 -3. of the General Provisions will govern. A-3 Description of Project BILL WITT AND BOTSFORD PARK IMPROVEMENTS (PROJECT NO. E11129) consisting of the construction of one new soccer field at Bill Witt Park including demolition of existing concrete and the installation of select fill, grading, seeding, and ditch excavations; and the rehabilitation, of the existing football field at Botsford Park including demolition of existing concrete and the installation of select fill, an irrigation system, a foundation and electrical for a new scoreboard, grading, and seeding.; in accordance with the plans, specifications and contract documents. Section A — SP Page I of 29 A -4 Method of Award The bids will be evaluated based upon the following order of priority, subject to the availability of funding: 1. Base Bid 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 BILL WITT PARK AND BOTSFORD PARK IMPROVEMENTS (CITY PROJECT #E11129) as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 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_ Days Allocation for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Storm Water Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 May 4 Days September 7 December3 Days February 3 Days March 2 Days April 3 Days June 4 Days July 3 Days August 4 Days October 4 Days November 3 Days For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated Section A— SP Page 2of29 damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers' Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the - Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer,. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non- responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda. The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non - receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 .Wage Rates (Revised 7/5/00) Labor preference and wage rates for heavy construction. In case of conflict, Contractor shall use higher wage rate. Section A— SP Page 3 of 29 Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1 -1/2) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Texas 811at 811 and the Lone Star Notification Company at 1 -800- 669 - 8344. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826 -3500 Project Engineer 887 -8851 RVE, Inc. - D. Scott Jones, P.E. Traffic Engineering 826 -3540 Police Department 886 -2600 Water Department 826 -1881 Wastewater Services Gas Department Storm Water Parks & Recreation Streets & Solid Waste A.E.P. (826 -1888 Department 826 -1800 (826 - 885 -6900 (885 -6913 826 -1875 (826 -3140 826 -3461 Services 826 -1940 1 -877- 373 -4858 after hours) 1818 after hours) after hours) after hours) Nueces Electrical Cooperative 387 -2581 (1- 800 - 632 -9288 after hours) Section A — SP Page 4 of 29 1 A D CERTIFICATE OF LIABILITY INSURANCE DATE (MMFDD/YYYY) 08/07/2012 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 INSURER(S), 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 I5 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: (361) 490.4105 Fax: (361) 490 -4108 HARRIS & HARRIS INSURANCE AGENCY P.O. BOX 1380 ORANGE GROVE TX 78372 COT CT Harris & Harris Insurance Agency PHONE 361 490-4105 /FAX (361) 490 -4108 (A c, No, Ext): { ) (Arc No }: E -MAIL Gail h- hinS.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA : Atlantic Casualty Insurance Co. LIABILITY COMMERCIAL GENERAL INSURED MICHAEL SHANE LOWMAN CIO LOWMAN LAND IMPROVEMENTS P. O. BOX 1155 ORANGE GROVE TX 78372 INSURER B : Nautilus Insurance Co. OCCUR INSURERC : Hallmark County Mutual INSURER 0: 08107/12 INSURERE : EACH OCCURRENCE INSURER F 1,000,000 COVERAGES CERTIFICATE NUMBER: 18406 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADO'L. INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY1 POLICY EXP 1MMIDDIYYYYI LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR 3333587 08107/12 08/07/13 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurence) $ 100,000 CLAIMS -MADE I X I MED. EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: JET n LOC PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY $ C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS TXA508630 -01 07/02112 07/02/13 COMBINED SINGLE LIMIT (Ea aodden0 $ 1 i 000 e 000 BODILY INJURY (Per person) $ I BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (per accident) $ $ B UMBRELLA LIAR EXCESS LIAB 1 OCCUR CLAIMS -MADE 04GB2D001 08/07/12 08107/13 EACH OCCURRENCE $ 2,000,000 X AGGREGATE $ 2,000,000 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? Mandatory in NH) If yes, under DESCRIPTION RIPTIIPTION OF OPERATIONS below YIN NIA WC SIAM- OTH LIMITS ER $ 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 Schedule, if more space is required) Project No. E11129 Bill Witt Park & Botsford Park Improvements City of Corpus Christi is named as additional insured on General Liability & Auto Liability policies. The GL and Auto policies include an endorsement providing 30 days notice of cancellation. CANCELLATION City of Corpus Christi Department of Engineering Services P 0 Box 9277 Corpus Christi, TX 78469 -9277 Attention: Contract Administrator 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 klljLfrL Gail Green ACORD 25 (2010/05) 1988 -2010 ACORD CORPORATION. Ail rights reserved. The ACORD name and logo are registered marks of ACORD Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No 71279427 Know All Men By These Presents, that WESTERN SURETY COMPANY, aicorporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint GAIL LYNNE GREEN its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Michael Shane Lowman dba Lowman Land. Improvements Obligee: City of Corpus Christi Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of 2013 , but until such time shall be irrevocable and in full force and effect. February 1 , In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its corn to be affixed this 3 0th day of May + '. "• "� ''"'•� ` , WEST R► SURE C O M P A N Y .tea ST _ z .1 •Th TA c ` 2012 ss On this 30 th day of May , in the year 2012 , before me, a notary public, personally aapeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid of!ker of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. + eee ti } U KRELL +� Paul T. Bruflatfenior Vice President — r NOTARY s s + + My Commission Expires November 30, 2012 o tary Public - South Dakota I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this May 2012 Form F5306- 9-2008 30th day of WEST' R►, SURE COMPANY Paul T. Bruflat. enior Vice President AT &T /CP &L 881 -2511 (1 -800- 824 -4424 after hours) City Street Div. for Traffic Signal /Fiber Optic Locate 826 -1946 826 -3547 Cablevision. ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) 857 -5000 (857 -5060 after hours) 887 -9200 (Pager 800- 724 -3624) 813 -1124 (Pager 888- 204 -1679) 881 -5767 (Pager 850 - 2981) 512/935 -0958 (Mobile) Brooks Fiber Optic (MAN) 972- 753 -4355 Regional Transportation Authority 289 -2712 Corpus Christi ISD 886 -9005 U.S. Postal Service 886 -2216 TxDOT Area Office 808 -2384 A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much . information as can be reasonably obtained from existing as -built drawings, base, maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the. Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown 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. To by -pass the flow, the connections to the existing facilities shall be made over the ground surface by means of flexible and /or rigid pipes. The pipes used for bypassing this flow shall be strong enough to resist traffic impact loads, and the size of the pipe shall be capable of handling the incoming discharge but cause minimum impact to traffic flow and safety. The construction of temporary gravity flow lines, force main lines, pumping equipments, plugs, flow diversion structures, etc., required to maintain and control system flows shall be responsibility of the Contractor. 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 Section A- SP Page 5 0£24 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 adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. 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. 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 and replaced unless otherwise noted. sidewalks, etc., arc to be cono- idcrcd oubsidiary to the bid item for "Street Exeasaatio' ; therefore, no direet payment will be madc to Contractor. Section A — SP Page 6 of 29 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 field office at thc oe stru.ction site. The field offiee mtrat eontain at thc field office- on the site as r efiqraired by thc City Engineer or his representative. The field office must be furnished wItIR a telephone (with Contractor. There is no separate pay item for the field office. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on working 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 and be in conformation with the Sequence of Construction listed below: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Monthly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. Sequence of Construction 1. Contractor shall call the utility location providers shown on the cover of the plans at least 48 hours prior to commencing construction. 2. The contractor that is awarded the project shall prepare an SWPPP for each site for himself, as well as, for the City of Corpus Section A- SP Page 7 of 29 Christi. The SWPPP's shall include the Erosion and Sedimentation Control Plans on Sheets 6 & 16 and shall be submitted to the engineer for approval prior to commencing construction_ The contractor shall provide the City with copies of all information required to keep the "SWPPP updated. 3. Contractor shall submit all necessary notifications and obtain all necessary certifications from the Texas Commission on Environmental Quality (TCEQ) prior to commencing construction. 4. Contractor shall install all erosion /sedimentation controls in accordance with the Erosion and Sedimentation Control Plans on Sheets 6 & 16 prior to commencing construction. 5. Contractor shall submit a critical path schedule of work to the engineer for approval prior to commencing construction. 6. Contractor shall submit a schedule of submittals to the engineer for approval, prior to commencing construction. 7. Contractor shall install all necessary traffic control signs and devices, if required, corresponding to the submitted schedule of work prior to commencing construction. 8. All improvements shall be constructed in accordance with the plans . and specifications. Order of Construction for Bill Witt Park 9. Rough excavate perimeter ditches prior to proceeding with any other construction activities. 10. Demolish and haul off concrete pad. Contractor shall not disturb the brass disk "BM 1" nor perform any demolition activities within three feet (3') of the disk. 11. Clear and strip the proposed field and set back area. 12. Excavate native soils, as necessary, to achieve design grades. 13. Install excavated native soils as compacted fill in the area of . concrete removal. 14. Install select fill in accordance with the plans and specifications. 15. Finish grade and shape the field, set back areas, and perimeter ditches in accordance with the plans and specifications. 16. After final grading and shaping of select fill, install a minimum of 2" of sandy loam over the soccer field only. 17. Repair any damage to the perimeter ditches caused by item 16. 18. Install Hydroseed, per plans and specifications. Contractor shall install Hydroseed with fertilizer and provide the initial watering per the specification. Contractor is not responsible for subsequent watering. Order of Construction for Botsford Park 19. Demolish and haul off concrete pad, sign and associated rubble. 20. Clear and strip the proposed field and set back area. 21. Install select fill in accordance with the plans and specifications. 22. Install score board. 23. Install irrigation system. 24. Install electrical improvements. 25. Backfill irrigation and electrical conduit trenches to select fill finish grades. Section A —SP Page 8 of 29 L 26. Finish grade and shape the field in accordance with the plans and specifications. 27. After final grading and shaping of select fill, install a minimum of 2" of sandy loam over the football field only. 28. Install Hydroseed, per plans and specifications. Contractor shall install Hydroseed with fertilizer and provide the initial watering per the specification. Contractor is not responsible for subsequent watering. Fina3. Project Activities 29. Upon completion of construction, schedule final walk through with City Inspection and Engineer. 30. Address any punchlist repair items. 31. Provide engineer with redline mark -up plans detailing any changes that have occurred during the course of construction. 32. Provide certificate of compliance to City stating that all improvements have been constructed in accordance with the plans and specifications. A -19 Construction Staking The drawings depict lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. The major controls and bench marks required for setting up a project, if not shown on the drawings, will be provided by the A/E Consultant. The Contractor will furnish all lines, slopes and measurements 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 Surveyor 48 hours notice so that alternate control points can be established by the City Surveyor as he deems 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 Surveyor at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City Engineer prior to deviation. If, in the opinion of the City Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certifications shall be provided and Section A— SP Page 9 of 29 prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Wastewater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits) Water: • All top of valves box; • Valves vaults rim • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Stormwater: • All rim /invert elevations at manholes • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits) A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. Testing shall be performed as specified in the Construction Plans in accordance with the Standard Specifications and the General Provisions_ A -21 Project Sign NOT USED Provisions. The sign must be installed before coal- truction bcgznc and will bc maintained throughout the Project period by thc Contractor. The location of thc sign will bc determined in thc 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 Section A— SP Page 10 of 29 Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican- Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.O% 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 Section A- SP Page 11 of 29 Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.00 or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by . a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of -whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Section A — SP Page 12 of 29 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) NOT USED The Contractor shall aaaurc thc appropriate building inapcctiona by thc Building Inapection Diviaion at the varioua intervalo of work for which a completed and ready for occupancy. Contraetor Mtlet obtain the Certifi ate of Oee-upascy, when applicable. Section B 6 2 of the Cencral Provisiono is that thc Contractor muat pa _ - -- - W -- by the City-Le B ikding Inspection Department, and all ether City feca, c ud ng watcr /waatcwatcr meter fcca and tap fcca an required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows. "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (100) of the Surety Company's . capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (100) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer(s capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by Section A - SP Page 13 of 29 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 Section 13 6 22, Tax Exemption Provision, is deleted in its entirety and thc following substituted in lieu thereof_ un1eso thc Contractor elects to operate under a separated contract as defined by Section 3.291 of Chapter 3, Tax Administration of Title 31, rublio- Finance of the Texas Administrative Code, or ouch other rules or Texas. 1. Obtain thc necessary sales tax permits from the State Comptroller. Other Charges" in thc proposal form thc cost of materials phyoi ally incorporated into the Pr jcct. 3. Provide resale certificates to suppliers. proposal value of materials. If thc Contractor does not elect to operate under a separated contract, he must pay for all sad. -eo-, Excioc, and Use Taxes applicable to this Project. also complies with thc above requirements. The Contractor mot issue a resale certificate to thc subcontractor and'thc subcontractor, in turn, • A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: Section A -- SP Page 14 of 29 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 Paragraph (a) General Liability of Scetion B 6 11 et tkc Ccncral Provi —e ms is amended to include: Contrae-ter mist pr.-ewe-14c In.otallatien Floater insurance cove ^ -_gv f'f�_ the -tes et the Contract up to and including the date the City must be an "All Risk" form. Contractor mint pay all ees-ts xcee- s-oary Section A- SP Page 15 of 29 any deductible. The City muot be named additional insured on any 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 the day -to -day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural submittal process, federal and state wage rate requirements, and contract close -out procedures. The superintendent shall be present, an that work is being performed. 2. The foreman must have at least five (5) oversight and management of the work of crafts. If the scope of the Project is the job site, at all times years recent experience in various subcontractors and such that a foreman is not Section A— SP Page 16 of 29 required, the Contractor's superintendent shall assume the responsibilities of a foreman. Foreman cannot act as superintendent without prior written approval from the City. Documentation concerning these matters will be reviewed by the City, Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such .a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. 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 Section. A- SP Page 17 of 29 if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award_ In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A- 29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and 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 Section A— SP Page 18 of 29 bears the signatures of the. City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under -the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for ,Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements NOT USED A. Visitor /Contractor Orientation Prior to performing work at any City water facility, thc Contractor, his subcontractors, and each of their employees must have on their person a valid card certifying their prior attendance at a Visitor/Contractor Safety Orientation Program conducted by thc City Water Dcpatmcnt Personnel. A Visitor /Contractor Safety Orientation Program will bc offered by within any City water facility. For additi nal information refer to Attachmcnt 1. The Contrac -tor shall= not ,tart, operate, or -ftop any pump, motor, valve, equipment, twitch, breaker, control, er any other must bc operated by an operator or other authorized maintenance employee of the City Water Dcpa. t tcnt . Section A--SP Page 19 of 29 C. rrotcction of Watcr Quality Thc City must deliver watcr of drinking quality to its eustemee water in the job sitc and shall coordinate its work with thc City Watcr Dcpartmcnt to protcct thc quality of thc water. D. Conformity with ANCI /NCB' Standard 61 transportation, reinstallation, and inspection of pumps, or any other items, which could come into contact with potable watcr, must conform to Zlmcri an National Stand- Inc- titutc /National Sanitation Foundation (ANSI /NSF) Standard 61 as described in the Standard Spccifi tions. Such matcrialo include all colvcn.ts, cleaners, lubrLcanto, compounds, coatings, or hydraulic equipment. Standard 61 and unlcoo ouch itcmo arc inspected on thc site by gaske-t thr ad Thc Contractor shall providc thc Engineer with copier of written proof of ANSI /NSF Standard G1 approval for all materials which could come into contact with potablc watcr. E. Handling and Disposal of Trash All trash gcncratcd by thc Contractor or hip employees, agents, facility site. Blowing trash. will not be allowed. Thc Contractor shall kccp work areas cloan at all times and remove all trash daily. CONTRACTOR'S ON SITE PREPARATION F. Contractor's personnel must wcar colorcd uniform overalls othcr than orangc, blue, or white. Each employee uniform must providc H. Working hours will be 7:00 A.m. to 5 :00 P.M., Menday thru Friday. J. All Contractor vehicles must be parked at deeignatcel site, as _ - vchicicr must be clearly labeled with company name. No private employee vehicles arc allowed at 0. N. Ctcvcns Watcr Trcatmcnt Plant. All peroonncl must be in company vehicles. During working Section A — SP Page 20 of 29 for required work or ao dircctcd by City. Water Department ACQUISITION) work to the eomputer baocd aeeitoring and ee trol system bclow. Thio work includco, but is not limited to, Modifications, uotomioing, debugging, a1ibrating, or placing in operation all hardware and /or software opecificd or required by thcoc opccificationo. Thc Contractor or his subcontractor proposing to- perform thc SCAM work muot be able to dcmonotratc the following: 1. He io regularly engaged in the computer baocd monitoring Hc hao performed work on oyotcros o comparable sizc, lcuot thrcc prior projccto. opccificd hcrcin for at least 5 y aro. 4. Ho cmployo a Rcgiotcrcd Professional Enginccr, a Control Dyotcmo Engineer, or an electrical Engineer to supervise 5. Hc employs personnol on thi s Project who havc RTUS's, and ooftwarc propoocd -for thc Contract. G. He maintains a pormancnt, fully otaffed and equipped ocrvicc facility within 100 miles of thc Proj cct cite to maintain, rcpair, calibrate, and program the systems specified hcrcin. 7. Hc shall turnioh cquipmcnt which is thc product of one ,._ io not practical, all equipment of a givcn type will bc thc product of on.c manutc.ctu r . Plant will bc uocd in evaluating which Contractor or subeentractor programo thc new work for this Projcct. 0. Thc Contractor shall producc all filled-out programming blocko required to show the pragramming•ao nccdcd and programming blocks which the City rcquirco to bc filled example and is not intended to show all of thc required Section A — SP Page 21 of 29 shcct,c. The Contractor will provide all programming blocko uocd. L. Trenching Requirements No trenching machines shall be allowed on the project. A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required to the City Engineer or his designated representativ b. Reproducibles: In addition to the required Contractor shall also submit one (1) reproducible for all shop drawings. by the City e. copies, the transparency c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the. Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. g- h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. Section ,A — SP Page 22 of 29 x. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. J. • Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in. the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions . and Requirements for Municipal Construction Contracts ", 8 -6 -15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan "), This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors B" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance NOT USED The iosuancc of a. ccrtifieate of ccuparncy for improvcmcato doc3 not. 0 7. A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- perishable materials delivered to the Project.worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material Section A -SP Page 23 of 29 supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory NOT USED which an ozone advioory- hao been lacucd, except for repairs. The City actor pr papal. will be compensated at the unit price indicated in the A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or material man. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As- Built Dimension and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. Section A— SP Page 24 of 29 (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly 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) Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20 -feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 -feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 -feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Section A— SP Page 25 of 29 exploratory excavations_ If Pre - Construction Exploratory Excavation is required it shall be considered subsidiary to the appropriate bid item. 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 ofequipment- an.d with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP /CP &L and inform AEP /CP &L of his construction schedule with regard to said overhead lines. Some overhead lines 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 -1l 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 Maintenance and Control of Wastewater Flows The Contractor shall be responsible for maintaining sewage flows at all times within the existing sanitary sewer system and shall not restrict access to residences or businesses. It shall be the Contractor's responsibility to coordinate with the City Wastewater Division regarding any modifications to the existing system flow patterns, such as rerouting flows, or operation of any permanent or temporary lift station(s). This shall be applicable even in case of cave -ins. Any such system modifications will be subject to approval by the. Engineer and the City Wastewater Division and shall not interfere with the proper operation and function of the wastewater collection system and shall not restrict access to residences or businesses. The Contractor shall be responsible for coordinating the review of any system •modifications sufficiently in advance of proposed construction operations so as to avoid any delays in same. Sewage or other liquid shall not be pumped, bailed or flumed over Section A— SP Page 26 of 29 the street on ground surface. No sewage or other liquids shall be handled by allowing flexible or rigid bypass pipeline through the stormwater lines. To bypass the flow, the connections to the existing facilities shall be made over the surface by means of flexible and/or rigid pipes. , The pipe used for bypassing this flow shall be strong enough to resist the traffic load, if any, and the size of the pipe shall be capable of handling the incoming discharge but small enough to not create hindrance to the traffic flow or create any blockage or accident. The construction of temporary gravity flow lines, force main lines, pumping equipment, plugs, flow diversion structures, etc., required to maintain and control system flows shall be the responsibility of the Contractor. The construction of temporary -gravity flow lines, force main lincs, pumping o. and control system flows shall be consi e cd cubo ary to the items is the contract and shall not be mcacurcd for payment.. The Contractor shall be responsible for providing access to properties and streets and maintain a smooth traffic flow entire construction phase of this project. A -51 Stormwater Pollution Prevention various bid the private during the A Stormwater Pollution Prevention Plan (SWPPP) is required by the Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) for any project disturbing more than one (1) acre of land. The Contractor is responsible for the preparation of a specific SWPPP booklets for the Contractor and the City, implementation . and routine updating of the SWPPP booklets, as well as, submission of the required notifications to the TCEQ. The Contractor is required to obtain all project certifications and signs from the TCEQ as required by the SWPPP prior to commencing construction on the project. The Contractor shall incorporate the Erosion and Sedimentation Control Plan and the Stormwater Best Management Practices sheets contained in the project construction plans into the SWPPP and shall install all temporary and permanent best management practices (BMA's) as described thereon. Strict compliance to all SWPPP items shown on the Erosion and Sedimentation Control Plan and the Stormwater Best Management Practices shall be enforced. Improper implementation and maintenance of the BMP's could have a negative impact on the adjoining waterways, streets and private properties. The Contractor is required to perform all routine inspections of the BMP's as required by the TCEQ and specified in the SWPPP and provide the City with copies of the Inspection Reports and other documentation to keep their SWPPP updated. If during the course of the project other minor BMP's are required to limit or control soil or transport of soil, the Contractor shall implement these measures at no increase in the contract price. A -52 Groundwater Discharge It is the intent that the Contractor discharge groundwater primarily into the existing stormwater system, provided that the quality of groundwater is equal to or better than the receiving body of water, Corpus Christi Bay and Oso Creek. Testing of the groundwater quality is to be performed by the City, at the City's cost, prior to commencing discharge and shall. be Section A— SP Page 27 of 29 retested by the City, at the City's expense, a minimum of once a week. Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by the contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks trucking to a sanitary sewer or wastewater plant, the costs for these operations shall be negotiated_ Other groundwater disposal alternatives or solutions shall be approved by the Engineer on a case by case basis. Prior to pumping ground water from the trench to the sanitary sewer system the Contractor shall contact Wastewater Dept. at 361 826 -1818 to obtain a "no- cost" permit from the Wastewater Dept. City will require an estimate of groundwater flow. A-53 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." Section A — SP Page 28 of 29 SUBMITTAL TRANSMITTAL, FORM PROJECT: BILL WITT PARK AND BOTSFORD PARK IMPROVEMENTS (CITY PROJECT #E11129) OWNER: CITY OF CORPUS CHRISTI ENGINEER: RVE, Inc. Attn.: D. Scott Janes, P.E. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL 022410 -T Stormwater Pollution Prevention Plan 022420 Silt Fence 022100 -T Select Fill 030020 Portland Cement Concrete 28061 -T Landscaping 28100 -T Irrigation Systems Sheet 12 Electrical Section A— SP Page 29 of 29 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 17TH day of JULY, 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 Michael Shane Lowman dba Lowman Land Improvements termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $237,401.95 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: BILL WITT PARK AND BOTSFORD PARK IMPROVEMENTS PROJECT NO. E11129 (TOTAL BASE BID: $237,401.95) 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. Jon -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 120 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 ATTEST: City Secretary APPROVED AS T.3 LEGAL FORM: By: Asst. City Attorney 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: -72 Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation Daniel Biles, P.E. Director of Engineering Services CONTRACTOR Michael Shane Lowman dba Lowman Land Improvements By: PliVidtt LLA,1/4•A, Title: O P.O. Box. 1155 (Address) Orange Grove, TX 78372 (City) (State)(ZIP) 361/318-5757 * 361/384-0307 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 PROPOSAL FORM. FOR BILL WITT PARK AND BOTSFORD PARK IMPROVEMENTS PROJECT NO. E11129 DtPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form -Page 1 of 9 Proposal of PROPOS AL Place:l.PA"j Cocv.S Vrt,54t - c't,401-- Date: S .2 °3— la a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as onetri Lain et T-rviproNit pekko+s A- M : I ShAIC. L-1. 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: BILL WITT PARK AND BOTSFORD PARK IMPROVEMENTS PROJECT NO. E11129 at the locations set out by the plans and specifications and in strict accordance• with the contract documents for the following prices, to -wit: Proposal Form Page 2 of 9 BASE BID II III IV V ITEM QTY & UNIT DESCRIPTION UNIT PRICE PART A -- BILL WITT PARK GENERAL - TOTAL Al A2 1 LS 1 LS General/Bonds/Mobilization, complete and i place per Lump Sum. Stormwater Pollution Prevention Plan, complete and in place per Lump Sum. $55°x. SUBTOTAL PART A (Items Al thru A2) $151 1 T PART B -- BILL WITT PARK FIELD IMPROVEMENTS B1 5,585 SF Remove Existing Concrete (Approx. 5,600 SF and Two Pillars), complete and in place per Square Foot. $6(99 x,15 B2 2.78 AC CIear and Strip Field and Haul -Off Spoils, complete and in place per Acre. a:3Mo,15 $2o,o1PO,1 B3 363 CY Excavate Native Soils to Grade, Stockpile Spoils, and Install Spoils as Compacted Fill, complete and in place ner Cubic Yard. $15.95 6-7Z1. g6 84 856 CY Compacted Select Fill, complete and in place per Cubic Yard. $, ?3 (o $ ). d t , oZ B5 774 CY 2" Sandy Loam, complete and in place per Cubic Yard. B6 1 LS Fine and Finish Grading, complete and in place per Lump Sum. B7 1,518 LF Ditch Grading and Haul Off Spoils, complete and in place per Linear Foot. B8 16,248 SY Wood Cellulose Fiber Hydroseed Re- vegetation (Does Not Include Continued Watering), complete and in place per Square Yard. B9 126 LF Silt Fence, complete and in place per Linear Foot. B10 1 EA Stabilized Construction Entrance, complete and in place per Each. SUBTOTAL PART B (Items B1 thru B10) Sib Proposal Form Page 3 of 9 I II • III Iv V ITEM QTY & UNIT DESCRIPTION UNIT PRICE TOTAL PART C — BOTSFORD PARK GENERAL CI 1 LS GenerallBonds/Mobilization, complete and in place per Lump Sum.' $41:09�,5� ® $ Qy:' � C2 • 1 LS Stormwater Pollution Prevention Plan, complete and in place per Lump Sum. $3000, $3.� SUBTOTAL PART C (Items C1 thru C2) $ 5j_ 9 PART D — BOTSFORD PARK FIELD IMPROVEMENTS Dl 1 LS Remove Existing Concrete, Sign, and Associated Rubble, complete and in place per Lump Sum. $ f �_5' $ 11 1;d� WW D2 1.53 AC Clear and Strip Field and Haul -Off Spoils, complete and in place per Acre. $11� 155p e D $ I a �e,1 D. )5j J�-1 D3 1,809 CY Compacted Select Fill, complete and in place per Cubic Yard. _2 .2 . Li (0 . $9 D (03D.14 1 D4 9,355 SY Wood Cellulose Fiber Hydroseed Re- Vegetation. (Does Not Include Continued Watering), complete and in place per Square Yard. $ 0, GS j $5193 , EOS D5 1,005 LP Silt Fence, complete and in place per Linear Foot. $ S.21 $>v� D6 EA Inlet Protection, complete and in place per Each. $ 10 $ ®: fp D7 1 EA Stabilized Construction Entrance, complete and in 1 place per Each_ $3 Ob $ °1 gta O'' J SUBTOTAL PART D (Items D1 thru D7) $ �in2, 1_ PART E -- BOTSFORD PARK IRRIGATION AND TURF El LS Water Service (Incl. Tap, Service Line, Meter Box, and Private Service Line), complete and in place per Lump Sum_ $ jSCO,� $ 35u0.� E2 1 LS Irrigation System (Incl. Connection to Private Service Line, Irrigation Lines, all Appurtenances, and Testing), complete and in place per Lump Sum. $ l in $1 Woo .O E3 336 CY 2" Sandy Loam, complete and in place per Cubic Yard. $ 35, & $111/® 1. g p _ 1 • LS Fine and Finish Grading, complete and in place per Lump Sum. $ ® J $3000.440 SUBTOTAL PART E (Items El thru E4) $34,111 ,M(1 Proposal Foam Page4of9 I II III 1v ITEM QTY & UNIT DESCRIPTION UNIT PRICE TO' PART F — BOTSFORD PARK ELECTRICAL IMPROVEMENTS 7 AL FI 1 F2 F3 14.5 VF 1 LS 2 EA Foundation Piers, complete and in place per Vertical Foot. Score Board Support Posts and Mounting, complete and in place per Lump Sum. Circuit Breaker 15A/1P, complete and in place per Each. $ Sit A1-11 F4 1 EA Disconnect Switch, complete and in place per Each. $ 65.'1) $(55..4' F5 1 EA Pull Box with Light Duty Traffic Cover, complete and in place per Each. $ SSDa`7D F6 500 LF 3/4" PVC Conduit, complete and in place per Linear Foot. $313 $1 ttp5.°° F7 220 LF Multiconductor SIII.D Control Cable, complete and in place per Linear Foot. F8 F9 F10 1,000 FI I LF 1 EA 1 EA 300 LF #12 THWN Copper 600V, complete and in place per Linear Foot. 10'x314" Copper Ground Rod, complete and in place per Each. Raintite Box on Treated Post, complete and in place per Each. . ° OLVe. 61) Underground Trench and Backiill, complete and in place per Linear Foot. $ 3So F12 1 LS Conduit Installation in Building, complete and in place per Linear Foot. $ 425.'6 $ b56.4r" SUBTOTAL PART F (Items.FI thru FI2) $11-a: , ° TOTAL BASE BID (PARTS A thru F) Proposal Form Page 5 of 9 BASE BID SUMMARY SUBTOTAL PART A (Items Al thru A2) — BILL WITT PARK GENERAL: SUBTOTAL PART B (Items B1 flirt' B10) — BILL WITT PARK FIELD: SUBTOTAL PART C (Items Cl thru C2) — BOTSFORD PARK GENERAL: SUBTOTAL PART D (Items in thru D7) — BOTSFORD PARK FIELD: $Sifb5°11 • rz $ Sgt1 .144 $ 31 SUBTOTAL PART E (Items El thru E4) BOTSFORD PARK IRRIG. & TURF: $ 31;1 ett • 41 SUBTOTAL PART F (Items F1 thru F12) — BOTSFORD PARK ELECTRICA_L1 TOTAL BASE BID (PARTS A thru F): Proposal Form Page 6 of 9 • ; (-1'; ) The undersigned hereby declares that he has visited the site and has carefully examined the City of plans, specifications and contract documents relating to the work covered by his bid or bids, that he Corpus agrees to do the work, and that no representations made by the City are in any sense a warranty but are Christi mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 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): AM Cad-urn IJ0 • I Respectfully submitted: j� jj L P �i� '��.nf s — . yie LBW f11 1 lam" By�.,, (SEAL - IF BIDDER IS (SIGNATURE) a Corporation) Address: Eo4( k15. ci.f Box,) (Street)____ 1 _ 701 o; (City) (State) (Zip) Telephone: 3 t — 3‘46 9'l 5" NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers_ Proposal Form Page 7 of 9 (Revised August 2000) PAYMENT BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No. a /)6) A7 That Michael Shane Lowman dba Lowman Land Improvements of the City of Orange Grove , Co my .f Ji ' Well d State of Texas , as principal ( "Principal "), and a solvent company duly authorized under the aws of he ' tate of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Horne 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 TWO HUNDRED THIRTY -SEVEN THOUSAND, FOUR HUNDRED ONE AND 95/100 U.S. Dollars ($ 237,401.95 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 17TH day of JULY_, 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: BILL WITT PARK AND BOTSFORD PARK IMPROVEMENTS PROJECT NO. E11129 (TOTAL BASE BID: $237,401.95) 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, instrument in 4 copies, To 1 ih day of said Principal and Surety have signed and sealed this ch one of which shall be deemed an original, this the 5054 , 2012. PRINCIPAL Lovu•nno vitL cry eCV C By: Title:lI•t( Address: b,X Address: P� l &I} V-k 30- 6any %ivE 1Z37»- N- 6. 1)( -n3-7a Telephone: 30/-49 - 41/03 (Rev. Date May 2011) Fax: E -Mail: 30/-4/q0- .4iO3 i 1 @ ti-hins .ecni 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: J oek w . Agency: JOC.L ef d'� rafa /49fity Address: fl od htuo- frd � k 3 log/ (Physical Street Address) 64./ 'DC jgtko (ibr (Cifi (State) (Zip) Telephone: 3c.e j " TO' Q3 )3 E -Mail: peg /O'/7j})Y 04. LAG' 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.') l2, 9,119..) That Michael Shane Lowman dba Lowman Land Improvements of the City of Orange Grove County o �.J-im W -�Is , and State of Texas , as principal ( "Principal "), and (JF fi ,(E orri '1 a solvent company duly authorized undir the lauIe 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 TWO HUNDRED THIRTY -SEVEN THOUSAND, FOUR HUNDRED ONE AND 95/100 U.S. Dollars ($237,401.95 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 17TH of JULY , 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: BILL WITT PARK AND BOTSFORD PARK IMPROVEMENTS PROJECT NO. E11129 (TOTAL BASE BID: $237,401.95) 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 sealeA this instrument igp 4 copies, each one of which shall be deemed an original, this the 1 n day of qU , 2012. PRINCIPAL i l l ` C A A t l . S L.°nnan Act Liw.liwymet Lo0,n imak1S. By: MANI& Title: tiA>s TTES -T Secretary Ad d ress 6p,( t\ Sy Ciro, 10/2-, (Rev. Date May 2011) SURETY By: Attorney -in -fact Address: PC � 13 nr l Govc7 7��7 Telephone: 3w- 49O-Ifd5 Fax: 36/ 'IPM ' *MK E-Mail: GaiJ i- (6-5. COrV1 Performance Bond Page 2 of 3 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 Bond No. 71279427 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No.: Bill Witt Park and Botsford Park Improvements Project No. E11129 Surety Company: WESTERN SURETY COMPANY Ladies/Gentlemen: I, • C. Goodrich, Asst. Secretary : „ hereby certify that the facsimile power of attorney submitted by Gail Lynne Green, (Attomey -in -Fact) for WESTERN SURETY COMPANY a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this 7th day of August 2012_ Title. G. ood ich, eat_ Sworn and subscribed to before me on this 7th day of August 2012. Notary Pub! State of South Dakota 16 My Commission Expires: 11 :83(11.11 (Revised 2/10) Western Surety Company POWER OF ATTORNEY — CERTIFIED COPY Bond No 71279427 Know All Men By These Presents, that WESTERN SURETY COMPANY, aicorporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint GAIL LYNNE GREEN its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Michael Shane Lowman dba Lowman Land Improvements Obligee: City of Corpus Christi Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in fiill, force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile?' All authority hereby conferred.shall expire and terminate, without notice, unless used before midnight of 2013 ,but until such time shall be irrevocable and in hill force and effect. February 1 In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its co to be affixed this 30th day of May 2012 04%11E11% te � wS' lak�.n zs.,i a 4: O v\ te. : =2 telIVE #'s ' r& ST tAA CO .T ;�fa�y.�� - WEST.' R► SURE COMPANY ,e Paul T. Brufla enior Vice President On this 30th day of May , in the year 2012 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the atbresaid officer of WESTERN SURETY COMPANY and acknowledged said i;ns+xinnPnt to be the voluntary act and deed of said corporation. D. KRELL NOTARY PUBLIC/ r SOUTH DAJW1A i r +���ti+wtitirti•r .14 My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. Li testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 30th day of May 2012 otary Public - South Dakota Form F5308- 8.2008 SURE �.,Y COMPANY Paul T. Brufl at/Senior Vice President State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 71279427 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822 -5000 Form F6944 Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Western Surety Company, Surety Bonding Company of America or Universal Surety of America at 605 -336 -0850. 3 You may call Western Surety Company's, Surety Bonding Company of America's or Universal Surety of America's toll -free telephone number for information or to make a complaint at: 1-800431-6053 4 You may also write to Western Surety Company, Surety Bonding Company of America or Universal Surety of America at: P.O. Box 5077 Sioux Falls, SD 57117 -5077 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 - 252 -3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -Mail: ConsumerProtection @tdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Western Surety Company, Surety Bonding Company of America or Universal Surety of America first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Form F8365 AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con Western Surety Company, Surety Bonding Company of America o Universal Surety of America al 605- 336 -0850, Usted puede Ilamar al numero de telefono gratis de Western Surety Company's, Surety Bonding Company of America's o Universal Surety of America's para informacion o para someter una queja al: 1- 800 - 331 -6053 Usted tambien puede escribir a Western Surety Company, Surety Bonding Company of America o Universal Surety of America: P.O. Box 5077 Sioux Falls, SD 57117 -5077 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1- 800 - 252 -3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -Mail: ConsumerProtection @tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Western Surety Company, Surety Bonding Company of America o Universal Surety of America primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Agency: 1y Address: (4- o Tl Afedh JE -4 ed. lb /03 (Physical Street Address) Orbs (Ci • /LfI (State) (Zip) Telephone: .3Q1- 7fr1 933-3 E -Mail: 4-6 i J ad. co m Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 City of Corpus Christi 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: L c to P. O. BOX: tX U SS STREET ADDRESS: $'rj-1 et 307 FIRM IS: 1. Corporation 4. Association CITY: ()Cann (T1 {?A?{, ZIP: 7.35-M 2. Partnership 5. Other 3. Sole Owner 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 iNor Job Title and City Department (if known) dV� 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name n Title 3. State the names of each "board member" of tine 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 1 Consultant Proposal Form • Page 8 of 9 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: LOW wza,n crype or Title: Ow y1Ci Signature of Certifying Person: )> Y " v Date: .2 3 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. "Firm." e. "Official." Any entity operated for economic gain, whether professional, industrial or cominercial, 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. 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 or the purpose of professional consultation and recommendation. Proposal Form Page 9 of 9 A ) ®e CERTIFICATE OF LIABILITY INSURANCE DATE 1 08/22/2012 (MMIDpnyyy) THIS CERTIFICATE IS ISSUED AS A MAT.4ER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY 711E POLICFES A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 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(s). PRODUCER Phone: (361) 490 -4105 Fa: (361) 490 -4106 HARRIS & HARRIS INSURANCE AGENCY P.O. BOX 1380 ORANGE DROVE TX 78372 INSURED MICHAEL SHANE LOWMAN CIO LOWMAN LAND IMPROVEMENTS P. O. BOX 1155 ORANGE GROVE TX 78372 r Cprim,- ATc 1.11 MOM.. 19A90 CONTACT Harris & Insurance etc NAME;_. Agency PHONE _.... _._. ....._......._.. - _ NP 361 490.4105 Fax 3 ._._._....,.-- �ti emu:... -_ y_.._..... .. (A(c No _ - ( 61) 490 EMAIL _- ........ -. ADORES$_ _ Gail@h-hins.com INSURERS) AFFORDING COVERAGE - 4108 NAtC # INSURER A : Atlantic Casualty Insurance Co_ . ... .......... .. ..... ... ___ _. INSURERS = Nautilus Insurance Co. " - -_ "- INSURER C : Hallmark County Mutual VNSURER p; INSURER E : INSURER F : ..•-.........., ......�� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER D CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I ACM! SUER POLICY EFF . POLICY EXP I MISR' WVO ! POLICY NUMBER : trodawYYY) y (wMmarYYY) L167001430 . 08)07/12 08/07/13 INSR LTR A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY • iCLAIMS -MADE LX OCCUR J I GEN'L AGGREGATE LIMIT APPLIES PER - _ I PRO- ! "_', I POLICY! _.;.0 C 1 AUTOMOBILE LIABILITY —ANYAUTO ALL OWNED . 'SCHEDULED __I AUTOS I X 'AUTOS X I HIRED AUTOS ' NON -OWNED AUTOS UMBRELLA LIAB OCCUR by X EXCESS LIAB CLAIMS -MADE! . - OED I !RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandalory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below YIN NIA TXA508630 -01 07/02/12 07/02/1 AN008254 08(07/12 NAMED ABOVE FOR THE POLICY PERIOD OCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE $ OAMATO RENTED`. _....... . PREMISES (Ea ocsjrence)- $ ' MED. EXP {Any one person) $ PERSONAL & ADV INJURY $ G_EREAAL AGG :,$ REGA -{E PRODUCTS - COMP /OP AGG $ • COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) ': $ PROPERTY DAMAGE - i $ - (per accident) $ 08/07/13 EACH OCCURRENCE $ • 1,000,000 100,000 V5,000 1,000,000 2,000,000 2,000,000 1,000,000 2,000,000 AGGREGATE $ ® 2,D00 t1D( TORY LIMITS ER - $ E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE € $ E.L DISEASE-POLICY UMIT ;,$ DESCRIPTIONOF OPERATION51 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, II more space is required) / j Project No. E11129 Bill Witt Park & Botsford Park Improvements City of Corpus Christi is named as additional insured on General Liability & Auto Liability policies. The GL and Auto policies include an endorsement providing 30 days notice of cancellation. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Department of Engineering Services P 0 Box 9277 Corpus Christi, TX 78469 -9277 Attention: Contract Administrator 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 Gail Green ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD CERTIFICATE OF LIABILITY TM INSURANCE DATE(MMIODIYYYY) 08/10/2012 POLICY NUMBER PRODUCER Terry Hookstra rY 25227 Estancia Circle San Antonio, Texas 78260 Phone: (210) 860 -5060 Fax: (210) 495 -4375 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSLJREO eEmployers Solutions, Inc. 12211 Huebner Road San Antonio, Texas 78230 INSURER A_ Texas Mutual Insurance Company .._ GENERALUA61!_!TY 111, COMMERCIAL GENERAL LIABILITY INSURER B: INSURER O: EACH OCCURRENCE INSURER D: INSURERS: $ ERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AEOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDLT!ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD' LTfi, NSR4 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MNUDD/YYF POLICY EXPIRATION DATEAMMIDDrvY1 LIM17'S .._ GENERALUA61!_!TY 111, COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE T U PREMI SES (Ea occ nen ce) $ CLAIMS MADE 1 1 OCCUR MED EXP (Any one person) $ Ia PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: POLICY ri JEOT ri LOC PROOUCTS. COMP/OP AG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (E accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE- (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EAACC $ AUTO ONLY: AGO 5 EXCESS!UMBRELLALIABILITY .I OCCUR I CLAIMS MADE DEDUCTIBLE RETENTION $ / I EACH OCCURRENCE 5 AGGREGATE $ S $ Y I WC STATU - L �TO{i`( {,fMRS ER E.L EACH ACCIDENT $ A WORXERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIE)(ECUTIVE OFFICER/MEMBEREXCLUDED? It yes. describe under SPECIAL PROVISIONS - TSF - 0001109837 - 10/01/11 10/01/12 $ 1,000,000 E.L. DISEASE - EAEMPLOYEE $ 1,000,000 E.L.DISEASE- POUCYLIMIT § 1,000,000 OTHER DESCRIPTION OF OPERATIONS! LOCATIONS !VEHICLES/ EXCLUSIONS ADDED BY ENOORSEMENTI SPECIALPROVISIONS ,-- FOR EMPLOYEES LEASED TO: MICHAEL SHANE LOWMAN DBA LOWMAN LAND IMPROVEMENTS Project: Bill Witt Park and Botsford Park Improvements Project No. E11129 CERTIFICATE HOLDER CANCELLATION City of Corpus Christi- Department of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, Texas 78469 -9277 ACORD 25 {2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LJABIL[TY OF ANY KIND UPON GENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 9 ACORD CORPORATION 1988 POLICY NUM ER: L16700'1430 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: 4 CITY OF CORPUS CHRISTI P.O. BOX 9277 CORPUS CHRISTI TX 78469 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II - W ho Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: CG 20 10 10 01 41) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured (s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ®ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: L167001430 COMMERCIAL GENERAL LIABILITY AGL -116 06 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i AMENDMENT OF CANCELLATION PROVISIONS - WRITTEN NOTICE This endorsement modifies insurance provided under the following ` COMMERCIAL GENERAL LIABILITY COVERAGE PART In the event of cancellation, other than for nonpayment of premium, we agree to mail prior written notice of cancel- lation or material change to: SCHEDULE 1. Name: CITY OF CORPUS CHRISTI 2. Address: P.O. BOX 9277 CORPUS CHRISTI, TX 78469 3. Number of days advance notic /30 AG L -116 06 09 Includes copyrighted material of 180 Properties, Inc. Page 1 of 1 ❑ used with permission. All rights reserved. CA9901T (Ed. Effective 08109) ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective 7/2/2012 Policy Number TXA508630 -01 Named Insured SHANE LOWMAN Countersigned by (Authorized Representative) The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement CITY OF CORPUS CHRISTI, P.O. BOX 9277, , CORPUS CHRISTI TX 78469 -9277 (Enter Name and Address of Additional Insured) is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. lithe cancellation is by us. we will give ten days notice to the additional insured. The additional insured will retain any right of recovery as a claimant under this policy. Additional Premium $ "ZERO" will be retained by us regardless of any early termination of this endorsement. Endorsement: 1 POLICY NUMBER: TXA50863O O1 CA 02 02A (Ed. Effective 03/92) + CANCELLATION PROVISION 011 COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM 30 days before this policy is cancelled or materially changed to reduce or restric coverage we will ce of the cancellation or change to: CITY OF CORPUS CHRISTI P.O. BOX 9277, , CORPUS CHRISTI TX 78469 -9277 (Enter Narne and Address) EXCEPT FOR NONPAYMENT OF PREMIUM WHEN 10 DAYS PRIOR NOTICE WILL BE GIVEN. Endorsement Number. 2 Endorsement Effective Date: 08/09/2012 MEMORANDUM TeXaSMut Insurance Company WC 42 06 01 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY 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 to: ALL CERTIFICATE HOLDERS 6210 E HIGHWAY 290 AUSTIN, TX 78723 -1098 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effectWe on October 14, 2011 at 12:01 A.M. standard time, forms a part of Policy No TSF -0001 109837 201 11001 of the Tex s Mutual Insurance Company Issued to E EMPLOYERS SOLUTIONS iNC Premium $ 0 .00 WC420601 (ED. 1 -94) Endorsement No. 23 Authorized Representative INSURED'S COPY AXFLORES 10-17-2011