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HomeMy WebLinkAboutC2014-214 - 8/26/2014 - Approved 66:1741111111111111111M11114 2014-214 8/26/14 CONTRACT DOCUMENTS Ord. 030266 FOR CONSTRUCTION OF Gourley Contracting LLC A HIKE & BIKE TRAIL DEVELOPMENT BEAR CREEK TRAIL PROJECT NO. E 12116 BOND 2012 .■■emir ■.= ammir am= ■■N■r MIMS 41r/Mrrl1' City of Corpus Christi SUBMITTED BY: 0'" ...... LLllj : ��/ •• MARTINEZ, GUY p RUBEN T. PEREZ, JR. &iV1AY lK, INC. re-0,ela: 93971 Houston 281 679.0335 Corpus Chrieti 3E31.814.3'070 :�/, . Eagle Pas:;/Del Rio 830.757.3070 NIARTINE7,GUY;&M YRiK,INC. 6000 S.Staples Street,Suite 207 Corpus Christi,1 exas 70413 j RECORD DRAWING NO.CP 201 May 22, 201 L L 00 0100 TABLE OF CONTENTS Division Title Division 00 Procurement and Contracting Requirements 00 11 16 Invitation to Bid 00 21 13 Instructions to Bidders 00 30 00 Bid Form 00 30 01 Bid Form Exhibit A 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification 00 4516 Statement of Experience 00 52 23 Agreement 1 00 61 13 Performance Bond 00 61 16 Payment Bond 00 72 00 General Conditions 00 72 01 Insurance Requirements 00 72 02 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00 Supplementary Conditions C Division 01 General Requirements 01 1100 Summary of Work 0123 10 Alternates and Allowances 0129 00 Application for Payment Procedures 01 29 01 Measurement and Basis for Payment 01 31 00 Project Management and Coordination 01 31 13 Project Coordination 0131 14 Change Management 0133 00 Document Management ..01 33 02 Shop Drawings 0133 03 Record Data 0133 04 Construction Progress Schedule Table of Contents 00 0100-1 L Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 I I Division Section Title , 01 33 05 Video and Photographic Documentation 0135 00 Special Procedures I 0140 00 Quality Management 0150 00 Temporary Facilities and Controls 0157 00 Temporary Controls 0170 00 Execution and Closeout Requirements ill Part S Standard Specifications 021020 Site Clearing and Stripping I 021040 Site Grading 022020 Excavation and Backfill for Utilities and Sewers 022022 Trench Safety for Excavations 022080 Embankment 022420 Silt Fence 025202 Scarifying and Reshaping Base Course 025205 Pavement Repair I 025210 Lime Stabilization 025215 Cement Stabilized Caliche Base I 025222 Flexible Base-High Strength 025404 Asphalts, Oils& Emulsions 025412 Prime Coat Il 025418 Surface Treatment 025424 Hot Mix Asphaltic Concrete Pavement 1 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 1 025614 Concrete Curb Ramps 025802 Temporary Traffic Controls During Construction 025807 Pavement Markings 025813 Preformed Striping and Emblems 027402 Reinforced Concrete Pipe Culverts 028020 Seeding 028040 Sodding I Table of Contents 00 0100-2 Hike&Bike Trail Development I Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 Division/ Title Section 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures Part T Technical Specifications 0321500 Decomposed Granite Paving END OF SECTION I I I I I El I El I Table of Contents 00 01 00-3 Hike&Bike Trail Development Bear Creek Trail Project No.E12116 Bond 2012 11-25-2013 L I' 00 11 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following Project: Hike&Bike Trail Development-Bear Creek Trail Project No. E12116 1.02 This project is described as the construction of approximately 6,340 feet of 10'wide hike&bike trail along and existing drainage channel. The majority of the trail will consist of decomposed granite surfacing. Some portions of the trail will consist of concrete paving. Included in the construction are:site grading, embankment, lime treated subgrade,concrete curb, header curb, 18"-36" reinforced concrete pipe,safety end treatments,concrete riprap, sloped inlets,grate inlets,trail heads, stained/stamped concrete, pedestrian railing,concrete curb ramps, pavement rehabilitation,and signing and striping. 1.03 The Engineer's Opinion of Probable Construction Cost for the Project is$1,059,730.00. The Project is to be substantially complete and ready for operation within 180 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: www.publicpurchase.com 2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents,as defined in the Agreement are received. 2.03 This website will be updated periodically with Addenda, lists of interested parties, reports,or other information relevant to submitting a Bid for the Project. ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on June 10,2014 at 10:30 a.m. at the following location: Corpus Christi City Hall,3rd Floor Engineering Conference Room 1 1201 Leopard Street Corpus Christi,Texas 78401 Invitation to Bid 0011 16-1 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 L i I ARTICLE 4-QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding Website. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by noon seven (7)days 3 prior to the date of the bid opening. Inquiries made after this period may not be addressed. 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 5.02 Minority participation for this Project has been established to be 45%of the Contract Price. 5.03 Minority Business Enterprise participation for this Project has been established to be 15%of the Contract Price. ARTICLE 6—BID SECURITY 6.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 7 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 3 percent of the greatest amount bid. 6.02 Bid Security may be in the form of a Bid Bond or a cashier's check,certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders may provide their surety's standard penal sum bid bond form. The Bid Bond must reference the Project by name as identified in Article 7. 6.03 Failure to provide the Bid Security will constitute a non-responsive Bid which will not be considered. Failure to provide required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 3 ARTICLE 7—DELIVERY OF BIDS 7.01 Sealed Bids must be delivered to the Owner at the address below no later than 2:00 p.m.June 18,2014 to be accepted. The Bids will be publicly opened and read aloud at this time and place. Bids received after this time will be returned unopened. Address Bids to the Owner as follows: The City of Corpus Christi,Texas City Secretary's Office Invitation to Bid 00 11 16-2111 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 I L 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Hike&Bike Trail Development-Bear Creek Trail (Bond 2012),Project No. E12116 ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to the lowest responsible Bidder who submits a responsive Bid. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices,to reject any or all Bids, and/or waive formalities. Bids may not be withdrawn within 90 days from the date on which Bids are opened. ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. 9.02 Contractors for this Project must obtain and provide the necessary insurance, including Workers'Compensation Insurance, as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 16 9.03 Performance and Payment Bonds are required. I END OF SECTION I I L I I I Invitation to Bid 00 11 16-3 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 I L L 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: ype ofinurance_ Minimum Insurance erage Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal&Advertising Injury Business Automobile Liability-Owned, Non-Owned, Rented and Leased $1,000,000 Combined Single Limit Workers'Compensation Statutory C Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Professional Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage RI/ Not limited to sudden and accidental ❑ Required Lid Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Priceri ❑ Required Ltd'Not Required Installation Floater Equal to Contract Price Gi 0 Required ' Not Required Owner's Protective Liability Equal to Contractor'sr' liability insurance L' 0 Required Not Required v Insurance Requirements 00 72 01-1 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 1 I 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. 1 C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact)any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. I F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the"other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee 111 benefit acts. Obtain workers' compensation coverage through a licensed insurance Insurance Requirements 00 72 01-2 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 I L company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury,occupational sickness or disease,or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers'Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury,sickness or disease,or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason; and 5. Claims for damages,other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form(occurrence form) and include the following coverages and endorsements: El. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care,custody,and control of Contractor. Provide and maintain Installation Floater insurance for property under the care,custody,or control of Contractor in lieu of elimination of the exclusion,or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery,fixtures,and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; Insurance Requirements 00 72 01-3 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 I I c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; I g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the I Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery,fixture,and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured- Engineers,Architects or Surveyors Not Engaged by the Named Insured"or its equivalent. I D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability,and automobile liability insurance 111 described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: I 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions asI additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, agents, consultants,and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. I Insurance Requirements 00 72 01-4 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 1 L G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance,or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor,Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor,Supplier, anyone directly or indirectly employed or retained by any of them,or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. L I Insurance Requirements 00 72 01-5 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 I I 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors,and any other individuals or entities identified in the Supplementary Conditions,as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings,falsework, and materials and equipment in transit,and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot;civil commotion;terrorism;vehicle impact; aircraft; smoke;theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current;earthquake;volcanic activity,and other earth movement;flood;collapse;explosion;debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage (other than that caused by flood);and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion,and artificially generated electric current;earthquake;volcanic activity,and other earth movement;or flood, are not commercially available under builder's risk, by endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship,design,or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. i Insurance Requirements 00 72 01-6 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 1 L I C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor,Subcontractors,or employees of the Contractor or a Subcontractor owning property items,such as tools,construction equipment,or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees,agents,consultants, and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor,Subcontractors,or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event,Contractor is fully responsible for all losses arising out of, resulting from,or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds,or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE Insurance Requirements 00 72 01-7 Hike&Bike Trail Development Bear Creek Trail Project No.E12116 Bond 2012 11-25-2013 I I A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds"for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage,or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code§1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code§1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements,and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision,or modification of particular policy terms, conditions, limitations,or exclusions(except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised,or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. I Insurance Requirements 00 72 01-8 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 I 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn:Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 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 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. 2. 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. 3. 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 Insurance Requirements 00 72 01-9 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 I 1 period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. 1 E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project;and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text,form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide 1 services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; I 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 I 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; Insurance Requirements 00 72 01-10 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 I I 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-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. END OF SECTION I I I I I I L Insurance Requirements 00 72 01-11 Hike&Bike Trail Development Bear Creek Trail Project No.E12116 Bond 2012 11-25-2013 00 52 23 AGREEMENT This Agreement,for the Project awarded on August 26,2014, is between the City of Corpus Christi (Owner)and Gourley Contracting,LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Hike&Bike Trail Development-Bear Creek Trail(Bond 2012) Project No.E12116 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Martinez,Guy,&Maybik.Inc. 6000 5.Staples Street,Suite 207 Corpus Christi,Texas 78413 2.02 The Owner's Authorized Representative for this Project is: City of Corpus Christi—Capital Programs Albert Pardo, P.E.—Construction Engineer 4917 Holly Road,Bldg.5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 180 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 210 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Agreement 00 52 23-1 Hike&Bike Trail Development Bear Creek Trail Project No.E12116 Bond 2012 11-25-2013 Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays,expense,and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$1,000.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$1.000.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages,and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached in SECTION 00 30 01 BID FORM EXHIBIT A. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed,and were solely for the purpose of comparing Bids,and final payment for all unit price items will be based on actual quantities,determined as provided in the Contract Documents. Amount of Award: Total Base Bid $ 1,047,070.40 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. Agreement 00 52 23-2 Hike&Bike Trail Development Bear Creek Trail Project No.E12116 Bond 2012 11-25-2013 B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option,Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may,at its sole discretion,elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost, progress,and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. Agreement 00 52 23-3 Hike&Bike Trail Development Bear Creek Trail Project No.E12116 Bond 2012 11-25-2013 D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site;and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations,and documents on: 1. The cost, progress,and performance of the Work; 2. The means, methods,techniques,sequences,and procedures of construction to be employed by Contractor;and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations,explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor,information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and all additional examinations,investigations,explorations,tests, studies,and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 00 52 23-4 Hike&Bike Trail Development Bear Creek Trail Project No.E12116 Bond 2012 11-25-2013 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books,correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms,and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form Exhibit A. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified,or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Contracts will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Contract must be signed by a person authorized to bind the firm or company* if Contractor is a Corporation contracts must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY for the City. Agreement 00 52 23-5 Hike&Bike Trail Development Bear Creek Trail Project No.E12116 Bond 2012 11-25-2013 The Effective Date of the Contract is p4-44e11-- 2/ ATTEST CITY OF CORPUS CHRISTI T212.-14-12 .-e" litevivrA au, City Secretary Natasha Fudge, P.E. Rebecca Huerta Acting Director of Capital Programs APPROVED AS TO LEGAL FORM: Gal 150 A(P1 SeliN M l 3Y COUNGiL.. Senior Assistant City Attorney �..•A SECRETARY • ATTEST(IF CORPORATION) CONTRACTOR Gourley Cont acting,LLC , (Seal Below) By: Note: Attach copy of authorization to sign if Title: B /' person signing for CONTRACTOR is not President, Vice President,Chief Executive Officer,or Chief 4921 Ambassador Row Financial Officer Address Corpus Christi,TX 78416 City State Zip 361/883-3766 u t bg3- s% l0 Phone Fax rvenegas@gourleycontracting.com EMail END OF SECTION Agreement 00 52 23-6 Hike&Bike Trail Development Bear Creek Trail Project No.E12116 Bond 2012 11-25-2013 , s 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications,and Contract Documents, this Bid Proposal submitted on:June 18,2014 1.02 Submit Bids to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Hike&Bike Trail Development- Bear Creek Trail (Bond 2012), Project No. E12116 ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt /t//f}- ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Bid Form 003000- 1 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress,and performance of the Work; B. The means, methods,techniques, sequences, and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder,information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. Bid Form 003000-2 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in SECTION 00 30 01 BID FORM EXHIBIT A. A. The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. Owner will, at its discretion,award the Contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates. B. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. C. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. D. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the greatest amount bid, the Bidder's responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility, and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive an and all irregularities in the Bids,or to reject non-conforming,non-responsive,or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Form 00 30 00-3 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated in SECTION 00 30 01 BID FORM EXHIBIT A. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Bid Security. B. SECTION 00 30 01 BID FORM EXHIBIT A. C. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. D. SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County, Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with Bid Form 003000-4 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an "alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: (.0t)RLEY COAfiZAcrik) L L (typed or printed full legal name of Bidder) f.� By: In a idual's signature) Name: j;cK Gene $ (typed or p ted) Title: ESTI A-(A f e (typed or printed) Attest: 44p0A (indi dual's signature) State of Residency: \ 1—EX A S Federal Tax Id. No. 20-302..7V6 Address for giving notices: //9 / AMOASS/ 10 R t) C'PcS CHiZt ST( 7.49q ' Phone: f—gef?-3744 Email: 1rVenc6C,.S (Attach evidence of authority to sign if the authorized individual is not the Bidder,but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Form 00 30 00-5 Hike&Bike Trail Development Bear Creek Trail Project No. E12116 Bond 2012 11-25-2013 00 30 01 BID FORM EXHIBIT A Proje HIKE&BIKE TRAIL DEVELOPMENT(BEAR CREEK TRAIL)(BOND 2012) Owne City of Corpus Christi,Texas Bidde 6.o Only coVr9140-)•O6 Bid OAR: Desig MARTINEZ,GUY,&MAYBIK,INC. Basis of Bid BASE BID PART A IMPROVEMENTS-BEAR CREEK TRAIL A-1 Mobilization LS 1 3.213i/.5 32114.5-0 - A-2 Site Clearing and Stripping Ac 4.19 260443 / q//,2i3 - A-3 Site Grading and Fill Ac 4.19 22624'.13 344 4 z7.So - A-4 8°Lime Treated Subgrade(5%) SY 10,988 7.36 $1.0 a7.4 Z - X A-5 8"Cement Treatment of Existing Material(7%) SY 928 /41 S0 13 41(.1..1 Z- )4 A-6 One-Course Surface Treatment SY 928 J6.7Z IS.5,S,5S - v A -7 Prime Coat(MC-70) Gal 140 17,or ?•jel., 0 - A-8 3"Compacted Decomposed Granite Trail Surface w/Stabilizer SF 46,730 3Eot 1 41/a2. ' - l; A-9 8°Concrete Trail Pavement SF 17,363 '7-gc, )36,s10•oi - A-10,Concrete Pavement for ADA Parking Space SF 208 /6.62 3'/SC•Sy - X A-11 Concrete Sidewalk SF 1,025 j.6-7 672q•3$ - 1( A-12 Concrete Curb LF 9,351 /4112 /S?,303.6E- K A-13'Remove and Replace Concrete Curb&Gutter LF 120 3 L/,5/ 4/iw03o - X A-14 Concrete Header Curb LF 870 22.gq :lei?r7.go - A-15 Concrete ADA Curb Ramps SF 462 - ,)( lY•o2 Azag�i8 A-16 Timber Pedestrian Safety Rail LF 608r /q,.3a _11,732,70 - y, A-17 Silt Fence or Erosion Control Log LF 9,377, ,3,Y7 29,712.37 - k A-18 18"Reinforced Concrete Pipe LF 184 5 ./$ 977 Lf 0 - A-19 36"Reinforced Concrete Pipe LF 226 X8.17 /,S 026•7Oy. - A-20 Safety End Treatment(Type I)(18")(6:1) EA 3 yg2./.57) /3 264'.50 - A-21 Concrete Outfall Structure(Riprap) EA r 6 i$7r•7,r.24 zs11,50 A-22 Concrete Sloping InletType S EA 3 i/42/.5.C) . 13,z61.s"0 A-23 Precast Area Zone Drain Type PAZD with Precast Base EA 1 6Ocirt.$D 6 o'/Y.SO - A-24.Topsoil and Seeding SY 13,522 6 S R79p,L7 - lc A-25,Remove Existing Trees(6"Caliper) EA 4 ,1o7Y,g' 271q.50 - A-26 Planting Crepe Myrtle Trees(45 Gallon Basham) EA 8 1O 3?.6'f £z09.5.O - x A-27 Primary Trail Head with Amenities LS 1 3w,rr0 3S$2.oc' - A-28;Secondary Trail Head with Amenities LS 1 3552.00 .3652P0 - A-29(Stained/Stamped Concrete(Trail Heads) SF 3,254 kin, 2s7 FL1gDr - A-30 Traffic Control LS 1 .12"09.5+' 1 Zr70/.4 O - A-31 Sign Assemblies with Aluminum Signs EA 10 LI/0.70 yzio7.°Q - A-32 1/4 Mile Trail Marker with(zone Signs EA 6 70.75- ‘1,6a.5-0 - A-33 Signage Kiosk with!zone Signs EA 2 -7117.7rI 5,IN i1.5V - A-34 Directional Trail Signs((zone) EA 8 756,11 F/oq''rO 7C. A-35 Reflectorized Pavement Marking(4")(White) LF 190 13.11 2/50 5 43 l; A-36 Reflectorized Pavement Marking(12")(White) LF 150 72.3`1 3.3 47.`/S - X A-37 Reflectorized Pavement Marking(24")(White) LF 180 2 g,42- S;26(.10 - 1 4 A-38 Reflectorized Pavement Marking(Symbol)(Wheelchair) EA 2 130IIS. ,71‘0S.SO - A-39 Construction Exits EA 6 /655,769 O - A-40 Removable Steel Bollard EA 3 "770,7r 'y3�1 •51/L1 ,7-3--- Total fTotal Part A-Base Bid(Items A-1 through A-40)= $I/onot:1i.6 BID SUMMARY Total Project Base Bid(Part A)=1 Si,01427.0;q- Contract Times (�-/ 0'20,0 Bidder agrees to reach Substantial Completion in 180 days / // Bidder agrees to reach Final Completion in 210 days Hike Bike Trail Development-Bear Creek Trail 00 30 01-1 Bid Form Exhibit A Project No.E12116(Bond 2012) 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder"refers to a person who is not a resident of Texas. "Resident bidder"refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of 1 paCLtS ❑ Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states'laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: 1 Company Name: �Yl_ 2� C_CJn �( `� ;Y --L-C .edorprinted) J By: � r!' (sign? - att.Arm.— of authority to sign) Name: \ leisn C (_5 (typed or printedjf Title: /?r Business address: 04 CrpuSCht, t1' TX /8LIIu Phone: 1 Email: �Q � 3" 31�L�J {��1�ti'`1F/'tS e_CtGi.WtLs.' lovkly&t'llf1H.CGW. END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Hike&Bike Trail Development Bear Creek Trail Project No.E12116 Bond 2012 11-25-2013 . 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. .J Name of person who has a business relationship with local governmental entity. Al/A- Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. /% /� Signature of?• doing business with the governmental entity to Adopted 06129/2007 00 30 05 City of Corpus Christi Disclosure of Interest ItilSUPPLIER NUMBER TO BE ASSIGNED BY CII] PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi 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: bou,;( e)L4 (.c n-kya iv LL c J P.O.BOX: ` 2 I P Yoto r CtA� STREET ADDRESS: CITY: C0 (`7.1 SG,rt s- ' h- ZIP: 11L¢ FIRM IS: I. Corporation 2. Partnership g3. Sole O ner ❑ 4. Association 5. Other 1_ L Ci 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 Cite of Corpus Christi having an "ownership interest- constituting nterestconstituting 3%or more of the ownership in the above named "firm." Name kjin" Kt; Job Title and epartment(if known) I'C � 2. State the names of each "official" of the City of Corpus Christi haying an "ownership interest- constituting nterestconstituting 3%or more of the ownership in the above named "firm.- Name Mik Title Lt j� 3. State the names of each "board member'of the City of Corpus Christi having an "ownership interest constituting 3%or more of the ownership in the above named"firm." Name �I ) Board, Commission or Comt�I;t1 k. 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 rJ Co>its}rlt t FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the Cite of Corpus Christi.Texas as changes occur. Certifying Person: \(.V- cA1eC, 'S Title: PY [ CYtC c c (Type or Print) Signature of Certifying ��i Date: Person: � (011%11 t4 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit-. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee.- Any person employed by the City of Corpus Christi. Texas either on a full or part- time basis,but not as an independent contractor. d. `Firm.' Any entity operated for economic gain_whether professional, industrial or commercial, and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust. and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager. Assistant City Managers. Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. -Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held- refers to holdings or control established through voting trusts. proxies, or special terms of venture or partnership agreements." g. "Consultant.Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Hike&Bike Trail Development-Bear Creek Trail (Bond 2012) Project No. E12116 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract,or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: Ck0 lt,+l ( r\ Lam( n LC- (typed C(typed or•rioted) By: AlealWfr (signature .ttach evidence of authority to sign) Name: uPn1Cy\ i_S (typed or pli1ted) Title: L 5 Ana. Business address: 14-Ci Z ( 4l-y-�t Ct s -) cD1 cO is C ‘% \-\ (P Phone: 3 `bS3 - 31 Lc Lc Email: yVi!6'1e—s(&' Sr141rle.c-t 1.t,1l•'(-c=f'1 rid .L��m END OF SECTION Non-Collusion Certification 00 30 06-1 Hike&Bike Trail Development Bear Creek Trail Project No. E12115 Bond 2012 11-25-2013 •� 1 00 61 16 PAYMENT BOND BOND NO. 5183579 Contractor as Principal Surety Name: Gourley Contracting, LLC Name: SureTec Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 4921 Ambassador Row 9737 Great Hills Trail, Suite 320 Corpus Christi,TX 78416 Austin, TX 78759 Physical address(principal place of business): Owner 9737 Great Hills Trail, Suite 320 Name: City of Corpus Christi,Texas Austin, TX 78759 Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 Texas V By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): (512)732-0099 #E12116 Hike&Bike Trail Development—Bear v Creek Trail Telephone(for notice of claim):(512)732-0099 Local Agent for Surety Name: Jason Grove Grove&Davis Insurance Agency dba Grove-Davis Award Date of the Contract: August 26,2014 Address: Incorporated 4444 Corona Drive,Suite 103 Contract Price: $1,047.070.40 Corpus Christi,TX 78411 Bond Telephone: (361)854-3046 / Email Address: Date of Bond: September 9, 2014 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 Corpus Christi Standards-Regular Projects 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: ne-r6:1144—{�( Name: ramer ri- Title: e EQ Title: Attorney-in-Fact Email Address: ;�,,,,s Q� ,h. Email Address: chad@kramerinsuranceagency.com �^" ``-� • C0 y� (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 Corpus Christi Standards-Regular Projects 7-8-2014 00 61 13 PERFORMANCE BOND BOND NO. 5183579 Contractor as Principal Surety Name: Gourley Contracting,LLC Name: SureTec Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 4921 Ambassador Row Corpus Christi,TX 78416 9737 Great Hills Trail, Suite 320 Austin, TX 78759 Physical address(principal place of business): Owner 9737 Great Hills Trail, Suite 320 Austin, TX 78759 Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Texas Corpus Christi,Texas 78401 v/ By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): (512)732-0099 #E12116 Hike&Bike Trail Development—Bear Creek Trail Telephone(for notice of claim): (512) 732-0099 Local Agent for Surety Name: Jason Grove Grove&Davis Insurance Agency dba Grove-Davis Award Date of the Contract: August 26,2014 Address: Incorporated 4444 Corona Drive,Suite 103 >j+ Contract Price: $1,047,070.40 Corpus Christi,TX 78411 Bond Telephone: (361)854-3046 Email Address: Date of Bond: September 9, 2014 i The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 61 13-1 Corpus Christi Standards-Regular Projects 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves,and their heirs, administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: its 0 Me ley Name: Chad Kramer Title: Ce0 Title: Attorney-in-Fact Email Address: as ,e,s`g a Q9urky Email Address: chad@kramerinsuranceagency.com CO s Ira C-+i r9 .cow. (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 Corpus Christi Standards-Regular Projects 7-8-2014 POA#: 5183579 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Chad Kramer `f its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Gourley Contracting, LLC Obligee: City of Corpus Christi, Texas Amount: S 1,047,070.40 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20°i of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. �� SURETEC ► OMPANY 5 �Xco By: , wco isavop. j ?.0\... John, .ox �, 'resident State of Texas ss: 1, f County of Harris •• On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. -os*084, JACQUELYN MALDONADO \ J i Notary Public State of Texas / 1 44.o"°". My Comm.Exp.5/18/2017 acquelyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the*til.of fialeotnpany at Houston, Texas this 9th day of ept- ber , 2014 ,A.D. .Brent Beaty,Assistant S cretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Warranty Limitation Rider In no event shall Surety have any obligation for any loss occurring or claim made by Obligee more than twelve months after the date on which Contractor either substantially completed its work or breached the contract, whichever is the first to occur. Triple Rider with warranty limitation.doc rev. 1.1.06 1 ..----""mil, GOURL-1 OP ID:CK AC-CPIRCV CERTIFICATE OF LIABILITY INSURANCE DATE09/15/2014Y) �'� 09/15/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME:ACT Chad Kramer Kramer Insurance Agency,LLC PHONE FAX P.O.Box 8345 MIC.No,Ext):361-850-1857 (AIC,No):361-850-1860 Corpus Christi,TX 78468 ADDRESS:Chad©kramerinsuranceagency.com Chad Kramer INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Texas Mutual Insurance Company 22945 INSURED Gourley Contractors LLC INSURER B:Lloyds of London A+ 085202 4921 Ambassador Row Corpus Christi,TX 78416 INSURER c:Merchants National Ins Co A- 43702 INSURER D:Hallmark Specialty Ins.Co.A- 010838 INSURER E: INSURER F: 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTR INSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY / EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY X ARTGC41645• 09/20/2013 09/20/2014 DAMAGE- ( REN fuD 100,000 PREMISES R occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY X JECT LOC Emp Ben. $ 0 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 000 000 (Ea accident) $ D ANY AUTO X TXH600972-04 / 09/20/2013 09/20/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (PER ACCIDENT) $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LIAB CLAIMS-MADE NUG2900957-4 J 09/20/2013 09/20/2014 AGGREGATE $ 5,000,000 DED X RETENTION$ 10000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY 1 TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N TSF-0001187153-20140115 01/15/2014 01/15/2015 E.L.EACH ACCIDENT $ 1,000,000 N/A OFFICER/MEMBER EXCLUDED? y 1 00p000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Please see additional Holder notes attached. / Poject Name: E12116 Hike and Bike Trail Development - Bear Creek Trail . v/ CERTIFICATE HOLDER CANCELLATION CITYHAL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. City Hall 1201 Leopard St Corpus Christi,TX 78401 AUTHORIZED REPRESENTATIVE I / ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE CITYHAL GOURL-1 PAGE 2 INSURED'S NAME Gourley Contractors LLC OP ID:CK Date 09/15/2014 Certificate holder is listed as an addtional insured and waiver of subrogation has been aforded in their favor as long as required by written contract. The Additional Insured Endorsement and Waiver of Subrogation Endorsement are on a blanket basis. Coverage afforded will not be canceled until at least 30 days prior written notice has been given to owner and contractor and to each named insured for General Liability, Auto liability and Workers Compenssation. //ARTGC41645 CG 02 0512 04. - TEXAS;CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This ehddit emerithiodifieS:inStiretide titn.Videci Iindefthe folloWitim COM MERCIAL GENERAL LIABILITY-COVERAGE:PART LIQUOR LIABILITY-COVERAGE PART OWNERSAND cotvgAcToRs.PROT8CTIVE LtAMLITYOVERAGE PART POLLUT 1014LIABILITY COVERAGE PART PRODUCT WITl-QRAwAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY e4V. RA0 PART RAILROAD:p13QT.FOT.iy . [TY covERAGE:FART ii.)::the.event of oanoltatio,ri brmaterial ottarve.:thOt.rOpte$or rOtticts the insurance afforeed. by itile:,05-verege Par(weiegree to rhea.prIo..r.WtitteninptiOe&- eripti(ation 4rtWoria0otigesitcig;: A011gtAij,E 1-- 'NO*: CITY OF CORPUS CHRISTI 2: :Addrest:: 1201 LEOPARD ST CORPUS CHRISTI TX 78401 •Nuniberoi ciaYs•Ovantotiotice: 30 ititornfatioturequir6o to.obrntilete thiS:SOhedille, nathown aboveiVIIIbe.:StiOwn in the DecleretbriS, • , (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) GU 207 d. ENDORSEMENT PAGE 6-78)'s> E 1 This endorsement, effective on 09/15/2014 at 12:01 A.M. standard time, forms a part of Policy No-ARTGC4 1 64 5 End:02 of the UNDERWRITERS AT LLOYDS, LONDON (NAME OF INSURANCE COMPANY) Issued to GOURLEY CONTRACTORS, LLC By RSI INTERNATIONAL, INC. ARLINGTON,TX 09/15/2014 SA Authorized Representative IN CONSIDERATION OF THE PREMIUM CHARGED, IT IS AGREED THAT THIS POLICY IS AMENDED AS FOLLOWS EFFECTIVE 09/15/2014 . THE FOLLOWING FORM(S) ARE ADDED TO AND ARE MADE PART OF THIS POLICY: CG0205 (01/96) ADDING FORM CG0205 IN REFERENCE TO: * CITY OF CORPUS CHRISTI "-1 GEN AGENTS COPY POLICY NUMBER: TXH600972-04 V COMMERCIAL AUTO CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 09/15/2014 Countersigned By: Named Insured: Gourley Contractors, LLC (Authorized Representative) SCHEDULE Number of Days' Notice 30 Name Of Person Or Organization CITY OF CORPUS CHRISTI Address 1201 LEOPARD ST, , CORPUS CHRISTI TX 78401 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. Endorsement Number: 1 CA 02 44 06 04 ©ISO Properties, Inc., 2003 Page 1 of 1 0 CA 99 01T (Ed. Effective 08/09) ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective 09/15/2014 Policy Number TXH600972-04 Named Insured Countersigned by Gourley Contractors, LLC (Authorized Representative) The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement CITY OF CORPUS CHRISTI, 1201 LEOPARD ST, , CORPUS CHRISTI TX 78401 (Enter Name and Address of Additional Insured) is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us,we will give ten days notice to the additional insured.The additional insured will retain any right of recovery as a claimant under this policy. Additional Premium $ 50.00 will be retained by us regardless of any early termination of this endorsement. Endorsement: 1 _ GENERAL CHANGE ENDORSEMENT This endorsement forms part of Policy No. TXH600972-04 issued to Gourley Contractors, LLC by the Hallmark Specialty Insurance Company at its agency (Name of Insurance Company) Located(city and state) Arlington , TX and is effective from 09/15/2014 (12:01)A.M. Standard Time Policy Period-Inception 09/20/2013 Expiration 09/20/2014 It is agreed that as of the effective date hereof the policy is hereby amended in the following particulars: IN CONSIDERATION OF THE ADDITIONAL PREMIUM STATED, IT IS HEREBY AGREED THAT THIS POLICY IS AMENDED AS FOLLOWS: *THE FOLLOWING ADDITIONAL INSURED WITH 30 DAY NOC IS ADDED: * CITY OF CORPUS CHRISTI ALL OTHER TERMS,CONDITIONS AND LIMITATIONS REMAIN UNALTERED. UW: KN/sa ANNUAL 50.00 ENDORSEMENT$50.00 PRORATA FACTOR 1.000 POLICY FEE$0.00 STATE TAX$2.43 STAMPING OFFICE FEE$0.03 TOTAL$52.46 Countersigned and issued at RSI INTERNATIONAL INC this 15TH day of SEPT 2014 byCOLIN W RAINEY Authorized Agent 1 ENDT.NO. Texas1 ® WORKERS'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 Z 2. Notice will be mailed to: CITY OF CORPUS CHRISTI / 1201 LEOPARD ST CORPUS CHRISTI , TX 78401-2120 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on �September 15 , 2014 at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001 187)53 201401 15 of he Texas Mutual Insurance Company Issued to GOURLEY CONTRACTORS LLC Endorsement No. 2 Premium$ 0.00 /11,1Lja.16-1cft4- ** ** Authorized Representative WC420601(ED.1-94) INSURED'S COPY WASENDRS 9-15-2014 RSLIA'COMPENSATIONBILITYINSURANCE ANDPOEMPLOYERSLICY TexasM1. .r WORKE Insurance� Y WC 99 03 01 GENERAL CHANGE ENDORSEMENT The policy to which this endorsement is attached is amended as shown below: FORM WC42 06 01 (TX NOTICE OF MATERIAL CHANGE) IS ADDED This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on September 15 , 2C 14 at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001187153 20140115 of the Texas Mutual Insurance Company Issued to GOURLEY CONTRACTORS LLC Endorsement No. 2 Premium$ 0.00 � IA •• ** Authorized Representative *` WC990301(ED.1-94) INSURED'S COPY WASENDRS 9-15-2014 _ I WORKERS' COMPENSATION AND eXI t ® EMPLOYERS LIABILITY INSURANCE POLICY !� In ce Colmpzny ENDORSEMENT SCHEDULE EXTENSION OF INFORMATION PAGE PAGE 2 NAME AND ADDRESS OF INSURED POLICY NUMBER GOURLEY CONTRACTORS LLC TSF-0001187153 20140115 4921 AMBASSADOR ROW CORPUS CHRISTI , TX 78416-2101 ISSUE DATE 9-15-2014 ITEM 3D •• ENDORSEMENT SCHEDULE " EDITION STATE NUMBER DESCRIPTION DATE 42 TM-LRC-2008 LIMITED REIMBURSEMENT COVERAGE 1-01-2008 42 PC-2003 POLICY CONDITIONS ENDORSEMENT 3-25-2003 42 TM-MV-2011 MUTUAL ENDORSEMENT FORMS 1-01-2012 42 TM-TRIPRA-2008 TERRORISM RISK INSURANCE PROG 1-01-2008 42 TM-TPE-2008 TERRORISM PREMIUM ENDORSEMENT 1-01-2008 42 WC00 00 00B WORKERS COMPENSATION AND EMPLO 7-01-2011 42 WC00 00 01A WORKERS COMP/EMPLOYERS LIAB 7-01-2011 42 WC00 03 01 ALTERNATE EMPLOYER 1-01-1994 42 WC00 04 06 PREMIUM DISCOUNT 1-01-1994 42 WC42 03 01F TEXAS AMEIIDATORY 1-01-2000 42 WC42 04 07 AUDIT PREMIUM ENDORSEMENT 3-23-2002 42 WC42 04 08 NETWORK DISCOUNT 4-15-2006 42 WC42 06 01 TX NOTICE OF MATERIAL CHANGE 1-01-1994 42 WC42 03 04A TX WAIVER OF RIGHT TO RECOVER 1-01-2000 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on September 15 , 20 4 at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001187153 20140115 of the Texas Mutual Insurance Company Issued to GOURLEY CONTRACTORS LLC Endorsement No. 2 ** Premium$ 0.00 ( .. NCCI Carrier Code 29939 Authorized Representative WC000001A(ED.7-11) I NSURED'S COPY WASENDRS 9-15-2014 uar TeXasMutuar GOURLEY CONTRACTORS LLC 4921 AMBASSADOR ROW CORPUS CHRISTI,TX 78416-2101 REF:TSF-0001187153 User ID: WASENDRS ** ** ** ENDTNS(09109199) Aco® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) L---- 9/18/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER.. CONTACT NAME: Kristle Pavelka Swantner&Gordon Insurance Agency lAJ NNo.Exu:361-561-4258 i AGENCY CUSTOMER ID: GOURL ---"'"IllLOC#: ACCORD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Swantner&Gordon Insurance Agency Gourley Contractors LLC 4921 Ambassador Row POLICY NUMBER Corpus Christi TX 78416 I CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability[Commercial General Liability Coverage Form#CG 00 01 04-13], Automobile[Commercial Automobile Form Endorsement#CA 00 01 10-01]and Umbrella Liability[Umbrella Liability Policy Provisions#CU 00 01 04-13]policies include blanket automatic additional insured endorsements that provide additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. The General Liability[Commercial General Liability Coverage Form#CG 00 01 04-13], Automobile[Commercial Automobile Form Endorsement#CA 00 01 10-01], & Umbrella Liability[Umbrella Liability Policy Provisions#CU 00 01 04-13]policies include blanket automatic waiver of subrogation endorsements that provide this feature only when there is a written contract between the insured and certificate holder that requires it. The General Liability[Commercial General Liability Coverage Form#CG 00 01 04-13]&Automobile[Business Auto Coverage Form#CA 00 01 10-01]policies include Primary Coverage to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. The General Liability and Automobile policies include an endorsement providing that 30 days' notice of cancellation will be furnished to the certificate holder except 10 days' notice of nonpayment of premium. Project#E12166-Hike and Bike Trail development-Bear Creek Trail. V ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL5526559 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS-- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations City of Corpus Christi 1201 Leopard Street CorpusChristi, TX 78401 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, mainte- behalf; nance or repairs) to be performed by or on be- in the performance of your ongoing operations for half of the additional insured(s) at the location the additional insured(s) at the location(s) desig of the covered operations has been completed; nated above. or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 Insured: Gourley Contractors, LLC COMMERCIAL AUTOMOBILE Policy#: CNO555042600 / Effective: 9/20/2014 ✓ CA R032 06 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED With respect to coverage provided by this endorsement., the provisions of the Coverage Form apply unless modi- fied by the endorsement. SCHEDULE Name and Address of Additional Insured: City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 A. Who Is An Insured (Section II) is amended to C. You are authorized to act for the additional insured include as an "insured" the person(s) or organiza- named in the Schedule or Declarations in all matters tion(s) shown in the Schedule, but only with re- pertaining to this insurance. spect to their legal liability for acts or omissions of D. We will mail the additional insured named in the a person for whom Liability Coverage is afforded Schedule or Declarations notice of any cancella- under this policy. tion of this policy. If we cancel, we will give 10 days B. The additional insured named in the Schedule or notice to the additional insured. Declarations is not required to pay for any premi- E. The additional insured named in the Schedule or urns stated in the policy or earned from the policy. Declarations will retain any right of recovery as a Any return premium and any dividend, if applica- claimant under this policy. ble, declared by us shall be paid to you. 9/18/2014 lb Includes copyrighted material of Insurance Services Office, Page 1 of 1 0 Inc., with its permission POLICY NUMBER: GL5526559 COMMERCIAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION. PROVISIONS OR COVERAGE CHANGE / This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: City of Corpus Christi 2. Address: 1201 Leopard Street Corpus Christi, TX 78401 Number of days advance notice: 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 05 12 04 ©ISO Properties, Inc., 2003 Page 1 of 1 0 Insured: Gourley Contractors, LLC ✓ COMMERCIAL AUTOMOBILE Policy Number: CNO555042600 Effective: 9/20/2014 CA R045 03 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE FORM In the event we issue notice of cancellation of this policy, we agree to mail prior written notice of cancellation or material change to: 3 0 Days SCHEDULE 1 -Name: City of-Corpus Christi 2. Address: 1201 Leopard Street Corpus Christi, Texas 78401 3. Number of days advance notice: 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA R045 03 08 Page 1 of 1 ❑ 9/18/2014 lb