The URL can be used to link to this page

Home My WebLink AboutC2012-306 - 8/21/2012 - Approvedi EVELYN PRICE PARK IMPROVEMENTS PROJECT NO. E11128 Table of Contents NOTICE TO BIDDERS (Revised 7/5100) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals/Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion/Liquidated Damages A -7 Workers' Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal/Salvage of Materials A 17 Field Office NOT USED A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A 21 Project Signs NOT USED A -22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inspeetien Requied. (Revi7 /5/00) 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 Requirements. NOT USED A -36 Other Submittals (Revised 9118/00) 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 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 (715/00) A -46 Disposal of Highly Chlorinated Water (7/5/00) A -47 Pre - Construction Exploratory Excavations (7/5100) A -48 Overhead Electrical Wires (715/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Maintenance and Control of Wastewater Flows NOT USED A -52 Groundwater Discharge A -53 Amended Prosecution and Progress PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS DIVISION 2 -- SITEWORK 021020 Site Clearing and Striping (S -5) 021040 Site Grading (S -6) 022040 Street Excavation (S -10) 025404 Asphalts, Oils and Emulsions (S -29) 025612 Concrete Sidewalk and Driveways (S -53) 025807 Pavement Markings (Painted and Thermoplastics) (S-45) 027402 Reinforced Concrete Pipe Culvert (S -60) DIVISION 3 - CONCRETE 030020 Portland Cement Concrete (S -40) 032020 Reinforcing Steel (S -42) 038000 Concrete Structures (S -41) PART T - DIVISION 2 021.080 --T 022100 -T 022420 -T 025210 -T 025412 -T 025424 -T 025814 -T 028020 -T TECHNICAL SPECIFICATIONS —SITEWORK Removing Old Structures (S -55) Select Material (S -15) Silt Fence (S -97) Lime Stabilization (S -28) Prime Coat (Asphaltic Material. Only) (5 -30) Hot Mix Asphalt Concrete Pavement (S -34) Prefabricated Pavement Markings (TxDOT 668) Seeding (S -14) LIST OF DRAWINGS Sheet No. Description 1. TITLE SHEET 2. GENERAL NOTES, SEQUENCE OF CONSTRUCTION, ESTIMATED QUANTITIES, & TESTING SCHEDULE 3. EXISTING CONDITIONS, CONTROL, & DEMOLITION PLAN 4. EXISTING SECTIONS 5. PROPOSED SECTIONS 6. PROPOSED IMROVEMENTS 7. DRIVEWAY, PARKING, SIDEWALK, BLEACHER PAD, & STORMWATER DETAILS (1 OF 4) 8. DRIVEWAY, PARKING, SIDEWALK, BLEACHER PAD, & STORMWATER DETAILS (2 OF 4) 9. DRIVEWAY, PARKING, SIDEWALK, BLEACHER PAD, & STORMWATER DETAILS (3 OF 4) 10. DRIVEWAY, PARKING, SIDEWALK, BLEACHER PAD, & STORMWATER DETAILS (4 OF 4) 11. EROSION & SEDIMENTATION CONTROL PLAN 12. STORMWATER BEST MANAGEMENT PRACTICES APPENDIX Attachment 1: 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: EVELYN PRICE PARK IMPROVEMENTS (PROJECT NO. E11128) consisting of the rehabilitation of portions of the existing parking lot, sidewalks, and drainage ditches at Evelyn Price Park. Includes the removal and replacement of approximately 2,221 square yards HMAC parking area, associated ADA compliant pedestrian infrastructure, and installation of drainage culverts; in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, June 27, 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, June 20, 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 (S50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non- refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Dan Biles, P.E. Interim Director of Engineering Services Is/ Armando Chapa City Secretary Revised 7/5/00 -r NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations • 3. Explosion and Collapse Hazard 4. Underground Hazard-. 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II 'OF- THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT I 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 © NOT REQUIRED Page 1 of 2 !JThe City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ❑The name of the project must be listed under "description of operations" on each certificate of insurance. ❑For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 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 Page1of11 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 or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction- -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of. 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage . period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to . the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a. certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes:: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration 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 Di vision of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.11 O(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 verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage (" certijcate')- 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 frorn each person providing services a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and fling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, . prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration • of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 r-T PART A SPECIAL PROVISIONS EVELYN PRICE PARK IMPROVEMENTS (PROJECT NO. E11128) 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, June 27, 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 A TTN: BID PROPOSAL — EVELYN PRICE PARK IMPROVEMENTS (PROJECT NO. E11128) 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, June 20, 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 -1 of the General Provisions will govern. A -3 Description of Project EVELYN PRICE PARK IMPROVEMENTS .(PROJECT NO. E11128) consisting of the rehabilitation of portions of the existing parking lot, sidewalks, and drainage ditches at Evelyn Price Park. Includes the removal and replacement of approximately 2,221 square yards HMAC parking area and associated ADA compliant pedestrian infrastructure, and installation of drainage culverts; in accordance with the plans, specifications and contract documents. Section A— SP Page 1 of 26 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 EVELYN PRICE PARK IMPROVEMENTS (PROJECT NO. E1112$) 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 90 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 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August4 Days December 3 Days For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate o f 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. Section A--SP Page 2 o£26 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 -1O Wage Rates (Revised 7/5/00) Labor preference and wage rates for highway construction. higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is Section A— SP Page 3 of 26 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 811 at 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 Project Engineer RVE, Inc. - D. Scott Jones, P.E. Traffic Engineering Police Department Water Department Wastewater Services Department Gas Department Storm Water Parks & Recreation Streets & Solid Waste Services A.E.P. Nueces Electrical Cooperative AT &T /CP &L City Street Div. for Traffic Signal/Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) Regional Transportation Authority Corpus Christi ISD U.S. Postal Service TxDOT Area Office 826 -3500 887 -8851 826 -3540 886 -2600 826 -1881 (826 -1888 after hours) 826 -1800 (826 -1818 after hours) 885 -6900 (885 -6913 after hours) 826 -1875 (826 -3140 after hours) 826 -3461 826 -1940 1- 877 - 373 -4858 387 -2581 (1- 800 - 632 -9288 after hours) 881 -2511 (1.800- 824 -4424 after liours) 826 -1946 826 -3547 857 -5000 (857 -5060 after hours) 887 -9200 (Pager 800-724-3624) 813 -1124 (Pager 888-204-1679) 881 -5767 (Pager 850 - 298.1) 512/935 -0958 (Mobile) 972- 753 -4355 289 -2712 886 -9005 886 -2216 808 -2384 Section A — SP Page 4 of 26 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 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. Section A — SP Page 5 of 26 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. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., arc to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other ,unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office NOT USED 2/ hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. A -1S . 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: Section A — SP Page 6 of 26 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. Contractor shall install all erosion/sedimentation controls in accordance with the Erosion and Sedimentation Control Plans on Sheet 11 prior to commencing construction. 3. Contractor shall submit a critical path schedule of work to the engineer for approval prior to commencing construction. 4. Contractor shall submit a schedule of submittals to the engineer for approval, prior to commencing construction. 5. Contractor shall install all necessary traffic control signs and devices, if required, corresponding to the submitted schedule of work prior to commencing construction. 6. All improvements shall be constructed in accordance with the plans and specifications. Order of Construction 7. Demolish wooden bridges and sidewalk in accordance with the plans and specifications. 8. Install 18" RCP and select fill. 9. Install bleacher pads, sidewalk, and pedestrian railing. 10. Install hydroseed to areas disturbed by construction activities 7 thru 9 in accordance with the plans and specifications. 11. Pick -up wheel stops and store wheel stops in the temporary staging and construction spoils area until replaced after HMAC installation. 12. Demolish and haul off all existing HMAC in accordance with the plans and specifications. 13. Excavate and stockpile existing base in accordance with the plans and specifications. 14. Street excavation beyond the existing parking area. 15. Grade, Lime Stabilize and compact subgrade in accordance with the plans and specifications. 16. Install stockpiled base as compacted fill to level area of paving over prepared subgrade and haul off excess spoils. 17. Install geogrid, base, prime coat and HMAC in accordance with the plans and specifications. 18. Install striping. 19. Replace wheel stops. 20. Remove stabilized construction entrance, haul off all construction spoils, and level all disturbed areas prior to installation of hydroseed. 21. Install hydroseed to areas disturbed during construction activities 11 thru 20 in accordance with the plans and specifications. Section A -- SP Page 7 of 26 Final Project Activities 22. Upon completion of construction, schedule final walk through with City Inspector and Engineer. 23. Address any punchlist repair items. 24. After fmal stabilization has been achieved in accordance with the plans and specifications, contractor shall remove all erosion control devices and revegetate any areas disturbed by this process. 25. Provide engineer with redline mark -up plans detailing any changes that have occurred during the course of construction. 26. 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 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: Section A— SP Page 8 of 26 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) ( T)CDOT 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 Proiect Sign NOT USED The Contractor must install two (2) Project sic ac ( shed by the city and as indicated on Attachment Ne. 1 at the end of these Special Provisions. The sign must be installed before A -22 Minoritv/Mainority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. Section A — SP Page 9 of 26 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) (0) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). For an enterprise doing business as a corporation, at least 51.0% of, the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. Section A— SP Page 10 of 26 f. Joint Venture: A joint venture means an association of two or more persons, pat tiierships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45% 15% b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. 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 must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. Section A — SP Page 11 of 26 A-24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial state ment of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The-Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from 'a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption NOT USED lieu thereof. Comptroller of Public Accounts of Texas. If the Contractor elects to operate under .a separated contract, he shall: 2. Identify in the appropriate space on the "Statement of Materials and Other .Charges" in the 3. Provide resale cer-t catcs -te suppliers. �. Provide the City with copies of material invoices to substantiate the proposal value of materials. Section A— SP Page 12 of 26 requirements. The Contractor must issue a resale certificate to the subcontractor and the A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. 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 Section A — SP Page 13 of 26 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 Section B 6 1.1 of the General Provisions is amended to include: 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 reequest, 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. Section A — SP Page 14 of 26 The superintendent shall be present, on the job site, at all times that work is being performed. 2. The foreman must have at least five (5) years recent experience in oversight and management of the work of various subcontractors and crafts. If the scope of the Project is such that a foreman is not 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. Section A — SP Page 15 of 26 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to .approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B- 7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre construction conference; 8. Documentation required pursuant to the Special Provisions A -28, and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. • 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under . "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to Section A — SP Page 16 of 26 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 and each of their employees must have on their person a valid card certifying their prior Water Department Personnel. A Visitor /Contractor Safety Orientation Program will be offered by authorized City Water Department personnel for those persons who do not have cuch a card, and who desire to perform any work within any City water facility. • t . ■ • II I The City must deliver water of drinking quality to its customers at all times. The work with the City Water Department to protect the quality of the water. Section A. — SP Page 17 of 26 All materials and equipment used in the repair, reassembly, transportation, reinstallation, The Contraeter shall provide the Engineer with copies of written proof of ANSI/NSF Stafidard 61 approval for all materials which could conic into contact with potable water. ■ p H. Working hours will be 7:00 A.M. to 5:00 P.M., Monday thru Friday. sanitary facilities. No -private employee vehicles are allowed at 0. N. Stevens Water Treatment Plant. All personnel must be in company vehicles. During working hours, contractor employees must not leave the designated construction area nor wander through any buildings other than for required work or as directed by City Water Department personnel during emergency evacuation. ► _ . • ► • I. A 1 ■ ■ • n CQUI T'rIONI by qualified technical and supervisory personnel, as determined by meeting the Section A — SP Page 18 of 26 customizing, debugging, calibrating, or placing in operation all hardware and/or The Contractor or his subcontractor proposing to perform the SCADA work must bo 1. • 2. He has performed work on systems of comparable size, type, and complexity 6. specifications. He employs personnel on this Project who have successfully completed a systems specified herein. type will be the product of one manufacturer. Project. 9. The Contractor shall product all filled out programming blocks required b L. Trenching Requirements All trenching for this project at the O. N. Stevens Water Treatment Plant .shall be A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: Section A— SP Page 19 of 26 a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. g. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Variations: Contractor must • identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. 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. Section A— SP Page 20 of 26 A -37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts ", B-6 -15 Arrangement and Charge for Water Furnished by the Citv, 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 cbPAnging 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 Protects 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 improvements under General Provision B 8 9. A -40 Amendment to Section B -8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material s upplier has been paid for the materials delivered to the. Project worksite. A -41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: Section A— SP Page 21 of 26 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 Dimensions and Drawings (7/5/00). (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) 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. Section A— SP Page22of26 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. If Pre - Construction Exploratory Excavation is required it shall be considered subsidiary to the appropriate bid item. A -48 Overhead Electrical Wires (715/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions., etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with 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 -11 Maintenance Guaranty, add the following: Section A — SP Page 23 of 26 "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 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 lines, pumping equipment, plugs, flow diversion structures, etc., required to maintain and cant e1 system flows shall be considered The Contractor shall be responsible for providing access to the private properties and streets and maintain a smooth traffic flow during the entire construction phase of this project. A -51 Stormwater Pollution Prevention NOT USED . Al ) P 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, The Centractor is required -to perform all routine inspections of the BMP's -as required by the TCEQ limit or control soil or transport of soil, the Contractor shall implement these measures at no incr use Section A— SP Page 24 of 26 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. Testing of the groundwater quality is to be performed by the City, at the City's cost, prior to commencing discharge and shall be 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 8264818 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 25 of 26 SUBNIITTAL TRANSMITTAL FORM PROJECT: EVELYN PRICE PARK IMPROVEMENTS (PROJECT NO. E11128) OWNER: CITY OF CORPUS CHRISTI ENGINEER: RVE, Inc. Attn.: D. Scott Jones, P.E. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL 022420 Silt Fence 027402 Reinforced Concrete Pipe Culverts 022100 -T Select Fill 028020 -T Seeding 030020, 032020 Concrete 025210 -T Lime Stabilization 025412 -T Prime Coat 025404,025424 -T HMAC Plans Handrail Section A — SP Page 26 of 26 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 21ST day of AUGUST, 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 SafeNet Services, LLC termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $137,764.63 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: E VELYN PRICE PARK IMPROVEMENTS PROJECT NO. E11128 (TOTAL BASE BID: $137,764.63) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 90 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 APPROV D AS TQ' LEGAL FORM: City By: Asst: y orney 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: Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By: Daniel Biles, P.E. Director of Engineering Services CONTRACTOR SafeNet Services, LLC Title: bust.iba- 1321 Glenoak Drive (Address) Corpus Christi, TX 78418 (City) (State) (ZIP) 361/937-9300 * 361/937-8853 (Phone) (Fax) Page 3 of 3 Rev_ Jun -2010 PROPOSAL FORM FOR EVELYN PRICE PARK IMPROVEMENTS PROJECT NO. E11128 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Four Page 1 of PROPOSAL Proposal of SafeNet Services, LLC Place: Date: 27-June-2012 a Corporation organized and existing under the laws of the State of Texas OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: EVELYN PRICE PARK IMPROVEMENTS PROJECT NO. E11128 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 5 BASE BID Proposal Form Page 3 of 8 II ffi IV ITEM QTY & UNIT DESCRIPTION UNIT PRICE TOTAL PART A — GENERAL A I 1 LS General, Bonds, & Mobilization, complete and in place per Lump Sum. $ 8116 . 52 $811 6 _ 52 A2 1 DAY Ozone Action Days, complete and in place per Day. $ 214 6 . 0 0 $ 214 6 . 00 SUBTOTAL PART A (Items Al thru A2) $ 10 , 2 62 . 52 PART B — PARKING IMPROVEMENTS 131 1,105 SF Demolish and Haul Off Existing Concrete Parking Area, complete and in place per Square Feet. $ 1.91 $ 2, 114 . r._ -- 132 1 LS Remove, Stockpile, and Re- Install Wheel Stops, complete and in place per Lump Sum. 1044 . 00 $ 1044 . 00 B3 307 CY Demolish and Haul Off Existing Asphalt, complete and in place per Cubic Yard. 2 8 7 9 , 8 • 3 $ 8 S . 9 0 $ Q , B4 483 CY Excavate and Stockpile Existing Base Material, P $ ase complete and in place per Cubic Yard. $ 10.42 U $ 5, 031.31 BS 183 SY Street Excavation, complete and in place Per Square Yard. 9.11 $ $ ii ii 5 ;.'4 0 136 2SY1 Subgrade Preparation (Incl. 4% Lime Stabilization), complete and in place per Square Yard. $ 4 .81 y _ "<° '.` 10 , 6 9.1'.8 9 $ , B7 CY Install Stockpiled Base Material as Compact Fill (assumes the use of 265 CY of Stockpiled Base Material), complete and in place per Cubic Yard. $ 13 . 98 8 1 i ';1 '9 $ 1, 8 5.9 -..0 7 B8 218 CY Haul Off Excess Stockpiled Base Material, complete and in place per Cubic Yard. $ 7.2 5 1, 580 . 5 0 $ r . r �. 1 B9 2221 SY Geogrid — Tensar TX -5, complete and in lace per � P P 1?e Square Yard. $ 4 0 ' 6 ` J $ 10, 691:89 - B 10 2,221 SY 8" Type A, Grade 1 Crushed Limestone Base per TXDOT Stcl. Spec. Item No. 247, complete and in 'lace •er S +uare Yard. $ 5.06 • f . l <:` $ 11, 2 3 2 - 9 3 :. ' 511 333 GAL Prime Coat (0.15 GAL/SY), complete and in p place per Gallon. $ 4 . 14 3 7 g' $ 1 , .. 0 2 I ... " 1 B12 2,221 SY 2.5" Type `D' HMAC, complete and in place per Square Yard. $ 14 . 12 $ 31_;354 .f 3 0 j 1313 2 EA Speed Humps (Incl. Striping), complete and in place per Each. $ 800 . 4 0 $ 1, 600 . 80 B14 4 EA Prefabricated Accessible Parking Pavement Markings, complete and in place per Each. $ 40 • 60 $ 162 . 40 Proposal Form Page 3 of 8 Proposal Form Page 4 of 8 II III 1V ITEM QTY & UNIT DESCRIPTION UNIT PRICE TOTAL PART B - PARKING IMPROVEMENTS (Continued) B15 319 Reflective Pavement Marl ings TY. 1 (Blue) (4 ") (SLD) (100 mil), complete and in place per Linear Foot. 1.57 $ 499 .55 $ 131 6 Inlet Protection, complete and in place per Each. $` 7 5 ' 40 $ 75 ' 40 F 13 17 LF Silt Fence, complete and in place per Linear Foot. $ 3 . 60 $ 1, 4 3'8.4 0 B1 8 1 EA Stabilized Construction Entrance, complete and in place per Each. $ 1, 6 8 2. 0 0 $ 1,682.00 B 19 800 SY Wood Cellulose Fiber Mulch Hydroseed, complete and in place per Square Yard. $ 8:64 $ 6 , 913. 6 0 SUBTOTAL PART B (Items B1 thru B19) $ 99 ,._8 5 7: 35 PART C -- DRAINAGE IMPROVEMENTS C 1 1.8" RCP, complete and in place per Linear Foot. $ 28 .6 2 $ 2 - 2 C2 CY Select Fill, complete and in place per Cubic Yard. $38 . 98 ,. E $ 1`, �364 . 16 SUBTOTAL PART C (Items Cl thru C2) - ADA IMPROVEMENTS $ .4 -, -2 -25:8 8 . . (1-,- , , . E • PART D DI 139 SF Demolish and Haul Off Existing Concrete Sidewalk, complete and in place per Square Foot. 2 . 73 $ $ ,378 : 9.1 D2 I LS Demolish and Haul Off Existing Wooden Bridges, complete and in place per Lump Sum. 1 , 479 .0 0 $ 1, 479 . 0 0 D3 708 SF Concrete Sidewalk (Incl. Sand Cushion), complete and in place per Square Foot. $ 9 $ 6 , 4.4a :-0 S 835 SF Concrete Bleacher Pad, complete and in place per Square Foot. $ 11.02 $ 9,201.70 D5 1 . LS Pedestrian Railing, complete and in place per Lump Sum. $ 5,916.00 $ 5,916.00 _ SUBTOTAL PART D (Items DI tbru D5) $ 2 3 '44_2216 6 TOTAL BASE BID (PARTS A thru D -- Items Al thrn 1D5) $1 7.--;---7-68 . 4 1 Proposal Form Page 4 of 8 BID SUMMARY SUBTOTAL PART A (Items Al thru A2) — GENERAL: SUBTOTAL PART B (Items B1 thru B19) — PARKING IMPROVEMENTS: SUBTOTAL PART C (Items Cl thru C2) — DRAINAGE IMPROVEMENTS: SUBTOTAL PART D (Items D1 thru D5) — ADA IMPROVEMENJfS: $ 10,262.52 $ 99, 857.35 $ 4,225.88 $ 23,42266 TOTAL BASE BID (PARTS A thru D — Items Al thru D5): $ 137, i -,6 8 .41 Proposal Form Page 5 of 8 t City of Corpus Christi The undersigned hereby declares that, he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. NBnoritylMinority 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 90 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): (SEAL - IF BIDDER IS a Corporation) NOTE: Do not detach bid from other papers. pie in with ink and submit complete with attached papers. Respectfully submitted: Name: David Alexander (SIGNATURE) 1321 Glenoak Drive Address: (P.O. Box) (Street) Corpus Christi, TX 78418 (City) (State) (Zip) Telephone: 361- 937 -9300 Proposal Form Page 6of8 (Revised August 2000) PERFORMANCE BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND Na. 60085616 That SafeNet Services, LLC of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ( "Principal "), and The Guarantee Company of North America USA , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Horne Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER"), in the penal sum of ONE HUNDRED THIRTY - SEVEN THOUSAND, SEVEN HUNDRED SIXTY -FOUR AND 631100 U.S. Dollars ($137,764.63 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 21ST of AUGUST , 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: EVELYN PRICE PARK IMPROVEMENTS PROJECT NO. E11128 (TOTAL BASE BID: $137,764.63) 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 Bond No. 60085616 -Cont. Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 27th day of August PRINCIPAL SafeNet Services, LLC By: Title: Owr ATTEST: Address: / Mt (41e10 k Dr. &17Y3 .r TL7 1 (Rev. Date May 2011) , 2012. SURETY The Guarantee y Com P an of North America USA =j1tq�e_,,,,.s� By: fl c� r /7 r77 ---. Attorney -in -fact A.M. DiGeronimo Address: 1534 Dunwoody Village Pkwy. Suite 220 Atlanta, GA 30338 Telephone: 770 -394 -9444 Fax: 770 - 394 -6888 E -Mall: Tony @nationalsurety.com Performance Bond Page 2 of 3 Bond No. 60085616 a -Cont. Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Randal M. Lee, Managing Member Agency: Swantner & Gordon Agency, LLC Address: 500 N. Shoreline Blvd., #1200 (Physical Street Address) Corpus Christi, TX 78471 (City) Telephone: 361 -883 -1711 E_IVlail: rmlee @s- gins.com (State) (Zip) Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 PAYMENT BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No. 60085616 That SafeNet Services, LLC of the City of Corpus Christi , County of Nueces , State of Texas , as principal ( "Principal "). and The Guarante Company of North America USA , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of ONE HUNDRED THIRTY -SEVEN THOUSAND, SEVEN HUNDRED SIXTY -FOUR AND 63/1.00 U.S. Dollars ($ 137,764.63 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 21ST day of AUGUST, 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: EVELYN PRICE PARK IMPROVEMENTS PROJECT NO. E11128 (TOTAL BASE BID: $137,764.63) 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 Bond No. 60085616 -Cont. Provided further, tnat this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 27th day of August , 2012. PRINCIPAL By: Title: 0 Vii r e r ATTEST: Address: Rev. Date May 2011 SURETY The Guarantee Company of North America USA By: Vic r �� C t /7 Attorney -in -fact r �- A.M. DiGeronirx�a;� Address: 1534 Dunwoody Villahe Pkwy Suite 220 PAN Atlanta, GA 30338 Telephone: 770-394-9444 Fax: 770- 394 -6888 E -Mall: Tony@nationalsurety.com Payment Bond Page 2 of 3 Bond No. 60085616 -Cont. Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Randal M. Lee, Managing Member Agency: Swantner & Gordon Agency, LLC Address: 500 N. Shoreline Blvd., #1200 (Physical Street Address) Corpus Christi, TX 78741 (City) (State) (Zip) Telephone: 361- 883 -1711 E- Mail: rmlee @s- gins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 THE GUARANTEE ,COMPANY F ",N R-111 AMERICA USA Bond No. 60085616 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint A. M. DiGeronimo, A. J. DiGeronimo, Colin Tumy NSSI — National Surety Services, Inc. its true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31'' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN County of Oakland Stephen C. Ruschak, Vice President ndall Mus _ I 1 Secretary On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. JIA%--/ a 1, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHERE OF, I have thereunto set my hand and attached the seal of se' • a pan is 27th day ofAugust, 20],2 andfi Mussel an, Secretary PAYMENT BOND STATE OF TEXAS COUNTY OFNUECES § KNOW ALL BY THESE PRESENTS: BOND No. That SafeNet Services, LLC of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ( "Principal "). and , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of ONE HUNDRED THIRTY -SEVEN THOUSAND, SEVEN HUNDRED SIXTY -FOUR AND 63/100 U.S. Dollars ($ 137,764.63 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 21ST day of AUGUST, 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: EVELYN PRICE PARK IMPROVEMENTS PROJECT NO. E11128 (TOTAL BASE BID: $137,764.63) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the day of , 2012. PRINCIPAL SURETY By: By: Attorney -in -fact Title: ATTEST: Secretary Address: Address: Rev. Date May 2011 Telephone: Fax: E -Mail: Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Agency: Address: Telephone: E -Mail: (Physical Street Address) (City) (State) (Zip) Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 PERFORMANCE BOND • STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No. That SafeNet Services, LLC of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ( "Principal "), and , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of ONE HUNDRED THIRTY - SEVEN THOUSAND, SEVEN HUNDRED SIXTY -FOUR AND 631100 U.S. Dollars ($137,764.63 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 21ST of AUGUST , 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: EVELYN PRICE PARK IMPROVEMENTS PROJECT NO. E11128 (TOTAL BASE BID: $137,764.63) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and/or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the day of , 2012. PRINCIPAL SURETY By: By: Attorney -in -fact Title: ATTEST: Secretary Address: Address: (Rev. Date May 2011) Telephone: Fax: E -Mail: Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Agency: Address: Telephone: E -Mail: (Physical Street Address) (City) (State) (Zip) 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 ASSIONED BY CTrY PURCHASING DIVISION CITY OF CORPUS CHRISTI I)ISCLOSiJRE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: SafeNet Services, LLC P. O. BOX: STREET ADDRESS: 1321 Glenoak Drive CITY: Corpus Christi, TX lip: 78418_ FIRM IS: 1. Corporation 2. Partnership LLC 3 Sole Owner ❑ 4, Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) None 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 None Title 3. State the names of each "board member" of the Cit of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee None 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 None Consultant Proposal Form Page 7 of 8 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee of 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 1 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: David Alexander Title: Owner DEFINITIONS Date: 27 -June -2012 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit" An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the Public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm.,, e. "Official." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations, 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 8 of 8 SAFEN -1 • tc:oce CERTIFICATE OF LIABILITY INSURANCE 1 9AT0IM yYYY) r 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 INSURERS), 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 1S 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). ZODUCER 361 -664 -5421 .etch & Associates Insurance 36I- 684 -5425 O. Box 1910 ice, TX 78333 mna Kauf / CONTACT FAX PHONE FAX 4AJC No acts: I (AIC. No): E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURER A :Scottsdale Insurance Co SURE) SafeNet Services LLC 1321 Glenoak Dr. Corpus Christi, TX 78418 INSURER B :Associated International Ins. 04/30/13 INSURER c :Travelers Casualty Insurance $ 1,000,000 INSURER D:Travelers Lloyds Insurance $ 100,000 INSURER E : $ Excluded INSURERf : ICLAIMS -MADE VERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY -THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'R R TYPE OF INSU NCE ADDL INSR SUER wvn POLICY NUMBER POLICY EFF IMMIDDIYYYYI POLICY EXP (MMIDDIYUY I LIMITS GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY BCS0027660 04/30/12 04/30/13 EACH OCCURRENCE $ 1,000,000 DAMAGE {RENTED PREMISES {Ea occurcence) $ 100,000 MED D(P (Any one person) $ Excluded ICLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 GE 'L AGGREGATE POLICY LIMIT APPLIES PER: ^ 1 ,IFCar P / LOC $ AUTOMOBILE _ X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED BA9086P014 04(30/12 04/30/13 V COMBINED SIN L LIMIT (Ea accident) 1 000,000 $ , BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Per PERT DAMAGE $ $ X UMBRELLA LIAR 7 EXCESS LIAB g X OCCUR CLAIMS-MADE CUBW3897012 04/30/12 04/300//i3 fl EACH OCCURRENCE )) $ 5,000,000 AGGREGATE $ 5,000,000 $ DED X. RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y IN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N 1 A WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ Builders Risk QT6604243L362 06/01112 06/01113 See Below :SCRIPTION OF OPERATIONS 1 LOCATIONS! VEHICLES (Attach ACORD 191, Additional Remarks Schedule, it more space Is required) oject Name: Evelyn Price Park Improvements Project No. E11128. Location: 00 Gollihar Rd. Corpus Christi, Tx 78411. The City of Corpus Christi is med as Additional Insured on all General Liability and all Auto Liability licies. 30 Days Notice of Cancellation in Favor of City of Corpus Christi. ERTIFICATE HOLDER CANCELLATION CICC -CO City of Corpus Christi Dept of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDREPRESENTATN/ :ORD 25 (2010/05) O 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD INSURED'S touve SafeNet Services LLC SAFEN -1 PAGE 2 OP ID: MB DATE 08124112 General Liability & Business Automobile policies include blanket automatic additional insured provision and blanket automatic waiver of subrogation endorsement but only as respect to the provisions in the endorsements attached to the policies. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON 711E 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 15. 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 Terry Hookstra 25227 Estancia Circle San Antonio, Texas 78260 Phone: (210)860 -5060 Fax: (210)495 -4375 �� VI/rACT - -.� N Al : PHONE FAX (NC. No. Extt (A1C. Nol: E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAM INSURER A . Texas Mutual insurance Company INSURED eEmptoyers Solutions, Inc. 12211 Huebner Road San Antonio. Texas 78230 INSURER B : INSURER c INSURER D EACH OCCURRENCE INSURER E : INSURER F : DAMAGE TO RENTED PREMISES (Ea occurrence) - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THis CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1LTR TYPE OF INSURANCE AMISDR Ste. POLICY NUMBER IMM/DDNYYYI {MU,VUDp YY) . LIMITS GENERAL LIABILITY - EACH OCCURRENCE $ COMMERCIAL GENERAL IlAB(LnY DAMAGE TO RENTED PREMISES (Ea occurrence) - $ I CLAIMS -MADE n OCCUR MED EXP (Anyone person) $ PERSONAL & AOV INJURY $ GENERAL, AGGREGATE $ GEM. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY I LOC $ AUTOMOBILE LIABILITY E I� E - - COMBINED SINGLE LIMIT (Ea accident) $ — ( ANY AUTO BODILY INJURY (Per person) — $ ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS BODILY INJURY Ps acoideni ( ) $ PROPERTY DAMAGE (Per accident) $ $ — UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE FE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 'r I N ANY PROOPRIETORIPARTNERIEXECUTIVE ❑ OFFICE/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTJ¢t.¢f OPERATIONSbelew N rA TSF - 0001109837 10/01/2011 - 10/01/2012 / $�,f x WC STATU- OTH- TO- £R E.L. EACH ACCIDENT $ 1 000,04Q.4D . $ 1,Q00,000.00 E.L. DISEASE - EA EMPLOYEE LIMIT E.L. DISEASE POLICY $.1,000,000.00 r DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (Attach ACORD 101. Additional Remarks Schedule, if more space Is required} FOR EMPLOYEES LEASED TO: SAFENET SERVICES, LLC / Waiver of subrogation in favor of certificate holder. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi - Department of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, Texas 78469 -9277 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 C © 1988-2010 ACORD CORPO ATION. All rights reserved. 4CORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Policy No.: BCS0027660 SafeNet Services, LLC COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: c‘' COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re- spect to liability for 'bodily injury", "property darn - age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. CG 20 3307 04 B. Wth respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional. architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. `Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or • b. That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a. principal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 ❑ !nsureci CODY POLICY NUMBER BCS0027660 COMMERCIAL GENERAL LIABILITY SafeNet Services, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS CG 20 37 07 04 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizatiion(s): Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION _ ALL LOCATIONS WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIQR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or "property damage" caused, in whole or in part, by your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". CG 20 37 0704 a ISO Properties, Inc., 2004 Page 1 of 1 ri insured Coov .frjk. SCOTTSDALE INSURANCE COMPANY Attached to and forming a part of Policy No. BCS0027660 Named Insured SAFENET SERVICES LLC ENDORSEMENT NO. Endorsement Effective Date 04/30/12 _ 12:01 A.M., Standard Time Agent No. 42717 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS SPECIAL CONDITION For coverage provided in the following endorsements as indicated by an "x" in the box below: 1 x 1 Additional Insurer- Owners, Lessees Or Contractors-Scheduled Person Or Organization (CG 20 10). Additional Insured-Owners, Lessees Or Contractors - Automatic Status When Required In Construction Agreement With You (CG 20 33). Additional Insured -- Owners, Lessees Or Contractors-Completed Operations (CG 20 37). The insurance provided is amended to be (indicated by an "x" in one box below): x Primary and noncontributory_ 1 Primary. Noncontributory. r i AUTHORIZED REPRESENTATIVE DATE GLS -294s (4-08) Page 1 of 1 nsureo copy POLICY NUMBER BCS0027660 SafeNet Services, LLC COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 (WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: ICOMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organlzatlon: ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © insurance Services Office, Inc., 2008 Page 1 of 1 ❑ Ins irarl C.nnv Safenet Services LLC - BA9086P014 7 COMMERCIAL_ AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 'AUTO COVERAGE PLUS ENDORSEMENT This epdorsement modifies insurance provided under the 4 BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Forrn apply unless modified by the endorsement. A. PERSONAL EFFECTS COVERAGE SECTION ill — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) owned by an "insured "; and (2) in or on your covered "auto "; in the event of a total theft "toss" of your covered "auto ". No deductibles apply to Personal Effects Cover- age. B. AUTO LOAN LEASE GAP COVERAGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto "; and (2) Any: (a) Overdue lease /loan payments at the time of the "loss "; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; CAT4200706 following: (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry -over balances from previous loans or leases_ C. COVERAGE EXTENSION — AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OF SOUND SECTION III — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to exclusions 4.c & 4.d is deleted and replaced with the following: a. Equipment and accessories used with such equipment, except tapes, records or discs, provided such equipment is permanently in- stalled in the covered "auto" at the time of the "loss" or is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "toss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electri- cal system, in or upon the covered "auto "; or D. WAIVER OF DEDUCTIBLE — GLASS SECTION III — PHYSICAL DAMAGE COVER- AGE, D. Deductible is amended by adding the following: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. E. HIRED AUTO. PHYSICAL DAMAGE COVER- AGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Hired Auto Physical Damage Coverage Exten- sion If hired "autos" are covered "autos" for Liability Coverage and this policy also provides Physical Damage Coverage for an owned "auto ", then the Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 Includes the copyrighted material of The St. Paul Travelers Companies, Inc. » MIYM MIEM 0205 COMMERCIAL AUTO Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the dam- aged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in deter- mining actual cash value in the event of a total "loss ". If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- * ** (3) rowed with a driver: or (b) Any "auto" that is hired, rented or bor- rowed from your "employee ". F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- Page 2 of 2 tent required of you by a written contract exe- cuted prior to any "accident" or "loss ", pro - vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or * ** organization designated in such contract. / G. BLANKET ADDITIONAL INSURED Nti "SECTION 11— LIABILITY COVERAGE, part A. 1. Who is An Insured, paragraph c. is amended by adding the following: Any person or organization that you are required to include as an additional insured on this Cover- age Forrn in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. H. EMPLOYEE HIRED AUTOS SECTION II — LIABILITY COVERAGE, A. Cov- erage, 1. Who Is An Insured is amended by add- ing the following: An "employee" of yours is an "insured" while op- erating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 1. COVERAGE EXTENSION — TRAILERS SECTION 1 — COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted and replaced by the following: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. Includes the copyrighted material of Insurance Services Office, Inc. with its permission. CA T4 20 07 06 Includes the copyrighted material of The St. Paul Travelers Companies, Inc, SCOTTSDALE INSURANCE COMPANY' Attached to and forming a part of Policy No. BCS0027660 Named Insured SAFENET SERVICES LLC ENDORSENENT NO. Endorsement Effective Date 0 4 -3 0 -12 12:01 A.M., Standard Time Agent No. 42717 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION- CERTIFICATE HOLDERS The following Conditions are added: 1 If this policy is cancelled, we will endeavor to give thirty (30) or 3 0 days written notice of such can- cellation to the person(s) or organization(s) as on file with the Agent shown on this policy's Common Policy Declarations for which the designated Agent has issued a Certificate of Insurance pertaining to this pol- icy. Such notice may be provided before or after the effective date of cancellation. The notice will state the effective date of cancellation. However, such notice of cancellation is solely for the purpose of informing the Certificate Holder of the effective date of cancellation and does not grant, alter, or extend any rights or obli- gations under this policy. 2. Failure to give notice in accordance with the terms of this endorsement does not: a. Alter the effective date of policy cancellation; b. Render such cancellation ineffective; c. Grant, alter, or extend any rights or obligations under this policy; or d. Extend the insurance beyond the effective date of cancellation. AUTHORIZED REPRESENTATIVE Includes copyrighted material of ISO Properties, inc., with its permission. Copyright, IS0 Properties, Inc., 2010 UTS -409g (1 -11) Page 1 of 1 inmrrarl fnnv DATE COMMERCIAL AUTO POLICY NUMBER: BA- 9086P014 ISSUE DATE: 03 -20 42 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. JTEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: / BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement: Number of Days' Notic SCHEDULE Name Of Person Or Organization CITY OF CORPUS CHRISTI DEPT. OF ENGINEERING SERVICES Address ATTN: CONTRACT ADMINISTRATOR P.O.BOX 9277 CORPUS CHRISTI TX 784699277 If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA 02 44 06 04 0 ISO Properties, Inc., 2003 Page 1 of 1 1eXaSMUt InsuranceCampany WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT WC420601 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named In the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: ALL CERTIFICATE HOLDERS 6210 E HIGHWAY 290 AUSTIN, TX 78723--1098 This endorsement changes the policy to which ft Is attached effective on the inception date of the policy unless a different dale is indicated below. (The following "attaching clause' need be completed only when this endorsement Is issued subsequent to preparation of the policy.) This endorsement, effective on / Oc t o b e r 14 , 2011 at 12:01 A.M. standard time, forms a part of Policy No. TSE- 0001109837 201 11001 of the Texas Mutual Insurance Company 7 Issued to E EMP LOVERS SOLUTIONS I NC Endorsement No. 23 Premium $ 0 , 00 WC420601 (ED. 1-94) A...J-1-- 1i/ r Authorized Representative I NSURED' S COPY AXELORES 10-17 -2011 ** ** **