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HomeMy WebLinkAboutC2006-456 - 9/26/2006 - Approved1 s S P 2006 -456 09/26/06 M2006 -322 Barcom Commercial C I A L P R O V I S .a. v 1X 0 P E C I F 'CATIONS A N D C O N T R A C T S A N D B O N D$ F O R ROOTS /FOSTER ASSOCIATES, INC., ARCHITECTS 4600 Ocean Drive Corpus Christi, Texas 78412 PH: 361 -855 -6253 FAX: 361- 855 -6255 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 PROJECT NO: 5163 ID ,WIl NO: PBG 6 9 8 (Revised 7/5/00) FIRE STATION NO,2 - CONCRETE DRIVEWAY REPAIRS - 2006 Table of Contents NOTICE TO BIDDERS (Revised 5/ 00 ) NOTICE TO CONTRACTORS - A :Revised Sept. 2000) Insurance Requ_ rement.s NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Proects For Government Entities PART A -- SPECIAL PROVISIONS Al - Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A-4 Method of Award A -5 Items to be Submitted with Proposal A-6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A-13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A 16 Disposal /Salvage of Materials A-17 Fie d Ottie-e NOT USED A -18 Schedule and Sequence of Construction A-19 Construction Staking A -20 Testing and Certification A 21 Project Signe NOT USED A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inopcction Required ( Revised 7/5/00) NOT USED A -24 Surety Bonds A--25- Gales Tax Exemption NO LONGER APPLICABLE (6/11/98) A - -26 Supplemental Insurance Requirements A-27 Reaponoibility fer Damage Claims NOT USED A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A 35 City Water Faciliticn Special Requirements NOT USED A -36 Other Submittals :Revised 9/18/00) NOTICE TO BIDDERS NOTICE TO BIDDERS -pled oroposale, addressed to the City of Corpus Christi, Texas for: FIRE STATION NO.2- CONCRETE DRIVEWAY REPAIRS -2006 consisting of approximately 5,280 :"F of replacement measures for existing concrete drive paving rnd sidewalk idditi.on t : include, but not necessarily limited to: oncret e drive iemol i ion /replacement; walk addition; subgrade preparation; ailehe base; reinforcing steel, steel dowels and expansion joints, all in e rdaoce with the clans, ipeeifications and contract documents; wrl be ecei_veci at he of:ice of the City Secretary until 2 :00 p.m. on Wednesday, September 13, 2006 and then publicly opened and read. Any bid eceived after Tlosing t imc will be returned unopened. A Pre -Bid Meeting is -chedu ed for 11:00 a.m. on Thursday, August 31, 2006. The pre -hid meeting will convene at Engineering Services Conference Room, it =i Floor, City Hall, Corpu.; Christi, Texas, will be conducted by the City, will _include a q nerat review of the project with time for questions and answers. bid bond in the amount. 5% of the highest amount bid must accompany each proposal. Failure te provide the bid bond will constitute a non- .responsive proposal which wiN not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will Jesuit r forfeiture )f the 5 bid bond to the City as liquidated damages. Bidder's plan deposi is sib ec:t to mandatory forfeiture to the City- if eiddi.no documente arE not returned to the City within two weeks of receipt f hide Plans, proposal forms, specifications and contract documents may be procured from the C ty Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as e guarentee of their return in good condition within t:wc: weeks of bid date Documents can be obtained by mail upon receipt of - }n additional ($10.00) which a non- refundable postage /handling charge. The bidder is hereby notified =.h r t the owner has ascertained the wage rates which prevail the local _ty in which this work is to be done and that >uch wage scale is set out in the contract documents obtainable at the .ff,ce of the City Engineer and the Contractor shall pay not less than the wage rates se shown for each eraft or type of "laborer," "workman," or "mechanic" employed cn this protect. The City reserves ehe righ to reject any or all bids, to waive r:regular ities and tc acceft . he bid which, in the City's opinion, seems most adyrantageen nc The City end in the best interest of the public. 'ITY OF CORPUS CHRISTI, TEXAS is/ Angel R. Escobar, P.E. Director of Engineering Services is/ Armando Chapa City Secretary Rev i.ed /00 NOTICE TO CONTRACTORS - A The City of Corpus Christi must be named as an additional insured on all coverages except worker's compenstion lability coverage. The name of the Project must be lasted under "description of operations" on each cert a f icate of insnrancf . Fur each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, sgned by the insurer, providing the City with thirty (j0) lays prior writte n notice of cancellation of or material change on any coverage_ The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Fs_ovisibns section of tie contract. A completed "Disclosure of Interest" must he submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Re,: Lsed May, 2006 Cr r if crate of 'nsura ice indicat_ ing proof of coverage in the following amounts egui red: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE mm r• ia. (;enerai i.iab it y in Lading: Commercial rrn Premises - tperat ons Explosion and (.o1:apse Hazar -i Underground Hazar i Products/ Compiet _d Dper at i ons Ha ; rd Cont ractual l,iabi it y Broad Form Proper' y Dama qe 8 Independent "ontr:ct.ors 9 Personal. In nary AUTOMOBILE: LIABILITx- OWNED NON -OWNED OP RENTED WORKERS' i)MPENSATI _'N EMPLOYERS ` LIABILI`I' EXCESS LIABILITY ,2,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION L ABILITY/ ENVIRONMENTAL IMPAIRMENT COVERA ;E Not limited to sudden & accidental discharge; to include 1o:lg -tern environmental impact for the diipos :f1 of :ontaminants BUILDERS' RISK INSTALLATION FLOATED' $2,000,000 COMBINED SINGLE LIMIT REQUIRED X NOT REQUIRED See Section B -6 -11 and Supplemental Insurance Requirements REQUIRED X NOT REQUIRED 5100,000 Combined Single Limit See Section B -6 -11 and Supplemental Insurance Requirements REQUIRED X NOT REQUIRED Page 1 of 2 NOTICE TO CONTRACTORS - B 'tie S. I :S , ZA\C Fart IL TEXAS WORKERS' COMPENSATION COMMISSION ( haprer 110. REQUIRED NOTICES OF COVERAGE Subchapter B. EMPLOYER NOTICES § 110.110 Ren_ ortina Reouirements for Building or Construction Projects for Governmental Entities (a) The following words anti terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this ruie shall have the meaning defined in the Texas Labor Cede, if ro defined_ (1) Certificate of coverage (cernficate; - -k ccpv of a certificate of insurance, a certificate of authority to seif- insure issued by the c: rzmissiec, or a workers' compensation coverage agreement (TWCC -S I, TWCC -82, TWCC -83, or TWCC -34), showing statutory workers` compensation insurance coverage for the person's or entity's employees (including, those subject to a coverage agreement) providing services on a project. for the duration of the project_ (2) Building or construction —Has the meaning defined in the Texas Labor Code, § 406.096(e)(1). (3) Contractor —A person bidding for or awarded a building or construction project by a governmental entire (4) Coverage -- Workers' cones ensation insurance meeting the statutory requirements of the Texas Labor Code, § 401.011(441 ;5) Coverage agreement written arseernent on form TWCC - "o L form TWCC -32, form T WCC -83__ or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project_ (6) Duration of the project - - -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. x 7) Persons croviding services on the prole^ ( "subcontractor" in g 406.096 of the Act) —With the exception or persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or past of the services the contractor has undertaken to perform on the project, cyardless o: whether that person contracted directly with the contractor and regardless of whether hat person has employees. This includes but is not limited to independent contractors, subcontractors_ i«srn2 companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity famishing persons to perform services on the project. "cervices" includes but is not limited htto_i!.x.'ww ses.state tx us/tac'23/IIJI 0/B /I 10.1 IO_html iOTICE TO CONTRACTORS - Revised I/13198) Page 2 of 7 8/7/98 NOTICE TO CONTRACTORS - B WORKER'S CC' ?= ENSATION COVERAGE FOR BUILDING CR CONSTRUCTION PROJECTS FOR GCVE NMENT ENTITIES Tex law re q t.i :cis that most contractors, subcontractors, and otr.ers providing work or ser,'_ces for a City building or construction protect gust be covered by worker's compensation insurance, authorized se#_- :.assurance, or _n Unproved worker's compensaticn coverage Even if Texas Law does qot require a contractor, subcontractor or others performing project services (including deliveries to the job site) to provide 1 of the 3 forms of worker's compensation coverage, the City will require such coverage for all individuals providing work or er.n ces on this Project at any time, including during the rasainte-_ance guarani; period. :totor carriers which are required to register with the Texas Department of Transportation under Texas Civil Statutes Article E675c, and ;which provide accidental insurance coverage under Texas. Civil Statutes Article 6675c, Section 4(j) need notrovide 1 of the 3 forms cf worker's compensation coverage. The Contractor agrees :: comply with all applicable provisions of Txas Administrative Code Title 28, Section 110.110, a copy of whic:l -s attached and deemed incorporated into the project contract. Please note that under section 110.110: certain language ::ust be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; the Contactor Is required to submit to the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and the Contractor s lecuired to post the required notice at the job site. By inq this Contract, the Contractor certifies that it will timely comti. 9ith these Notice to Contractors "B" requirements. NOTICE 70 CONTRACTORS 8 (Revise° 1/13/98) Page 1 of 7 contractor sha il I ) provide coverage for its empic ees croviding services on a project, f : the duration of the project cased on proper reoonmg of classWcazion codes and parroii amounts and f"' :; g of any coverage �ree:nents; 2 j provide a certificate of coverage sowing workers` compensation coverage to the governmental °:rtiry prior to beginning work on :he project; ,13) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractors current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a protect, and provide to the govennniental entity `A) a certificate of coverage, prior to rhar person beginning work on the project, so the governmental °nutty will have on file certificates of coverage showing coverage for all persons providing services on e project; and F B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during he duration of the project; 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project size informing all persons providing services on the project that they ai e required to be covered, and stating how a person may verify current coverage and report failure to provide coverage_ This notice does not satisfy other Posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at lost 30 point bold type and text in at. Ieast 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population_ The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance.77- s includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verity whether your employer has provided the required coverage, Dr to report an employer's failure to provide coverage_" ;tp" www.sos state_ ix. us/tac/28TII1I I0B /1 10.110_htrnl NOTICE 70 CONTRACTORS - B Revised 1/13/98) Page 4 of 7 8/7/98 piing, c: c . ecuio, :e n. or :..�__ a s cr crov� ding labor, -� _ _ .� zsCC. _ :cR or oil- ° - _. pro ec: ti st' C� a t �� ;':Vi<:eS does not r. _:;:�� aCii'..�.ef, unrelated to the prOlec' ~ ch as enaors. oi.dce supply deliveries, —rid delivery of sortable toilets. (8) Prc ec : -- iciudes the crc;ision of all services ; eta :ed to a building or construction contract for a Bove^.:.., e...a.' entity — (b) Prov;au -' or causing tc Oe provided a cerufica :e of coverage pursuant to this rule is a reorese :r2: :c n by the insured :hat all employees of the insured who are providing services on the projec 27e cc.eyed by workers' compensation coverage, that the coverage is based on proper reportinc of classification codes and payroll amour. :s, and that ail coverage agreements have been fled with the atpropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation Providing false or misleading ce:t:hcares of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to adrninist a:_ve penalties, criminal penalties, civil penalties, or other civil actions. (c) A geveranlental entity flat enters into a building or construction contract on a project wall: (I) include in the bid specifications, all the provisions of paragraph (7) of this subsection_ using the language re ;;tired by paragraph (7) of rhis subsection; (2) as part of the contract, using the language required by para2raph (7) of this subsection_ require the contractor to perform as required in subsection (d) of this section; (3) obtain ircin the contractor a certificate of coverage for each person providing services on the project, pnor to that person beginning work on the project; (4) obtain frcm the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the ca;Tent coverage period, if the couti actor's current certificate of coverage shows that the coverage pe: -od ends during the duration of the eroiect; and (B) no later than seven days alter the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter, (6) provide a copy of the cer- ificates of coverage to the commission upon request and to arty person entitled :c hem by law and ( 7) use the language contained in the following Figure i for bid specifications and contracts. without any additional words or changes, except those required to accommodate the specific document in which they 2.1';', contained or id impose stricter standards of documentation_ -T 28S 1 10.1 10(c)(7) !hi http /.� _. w : stzte.tx.usitac` "`g,7Ul 1o/Bfl 1 0 1 I0.htrr.i NOTICE TO CONTRACTORS - 3 Revised 1/13/98} Page 3 of 7 817/98 :or t :° c::rat)on of t_.e oroiec:t, that the coverage will be based on proper reporting of classification uooes and oavroll amounts, and that ail coverage agreements wiii be filed with the appropriate insurance carrier or, . 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 penises, criminal penalties, civil penalties_ or other civil ac ±ons_" (4) provide the person for wnom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the projec ; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract (A) a certificate of coverage, prior to the other person beginning work on the projecr, and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the projea. (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within tea days after the person 'mew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificzte of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the Ianguage in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the httpilwww.sos.state_tx.us/tac/28/11/1 10B/ 1 10 1 I O _ html NOTICE TO CONTRACTORS - 8 Revised 1/13/98) Page 6 of 7 8/7/98 (8) cca: actually require °._c person wvtn :: contracts : _ _ dice services or a project to: (A) r roviae coverage based on proper repoxwi2 of classification codes and Dayroii arnounts and filing of any c veraze azreen:er°_s for all of: :f> employees proviair on the protect. for the duration of the protect; (B) provide a certificate e: coverace to the cone actor prior to that person be_*ni..-z2 work on the project-. (C) include in all contracts to Drovide services cr. the project the iarguage in subsection (e)(3) of this section: (D) provide the contrac:c. , prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other Berson with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person begin, g work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (G) notify the governrnertal entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the - person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall' (1) provide coverage for its employees providing services on a project for the duration of the project based on proper reporting of classification codes and payroll amounts and filinu of any coverage agreements; (2) provide a certificate of coverage as required by its contract to arovide services e n the project, prior to beginning work on the project. (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contras; is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage• http.iiv- uw sos -state _ tx_us/tac/23/11/110/13/110 110 htrnl NOTICE TO CONTRACTORS - B Revised 1/13/98) Page 5 cf 7 8/7(98 tip duration ci_;ie contract: (F) retain ail recuireu ce t° c,a;es of coverage on rile for the duration cf the project and for one year thereafter. (G) notify-, the governmental entity in writing by certified mail or personal. delivery, within ten days after the per son knew or snouid have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this - subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circ nstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September I, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid_ (h) The coverage requirement in this rule does not apply to ;motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, § 4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, § 406.097(c), and who are explicitly excluded from coverage in accordance with the Act, § 406.097(a) (as added by House Bill 1089, 74th Lcgi: 3ature, 1995, § 120). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery. or renewed on or after January 1, 1996. Source. The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609. Return to Section Index http: / /www sos_state_rx.usitaci28/I1/I 101B/110_110 htrnl NOTIC 7o CONTRACTORS - 9 Revised 1/13/981 Page 7 of 7 8/7/98 PART A - SPECIAL PROVISIONS Explanation of Proposal. The description of the Base Bid and each Additive Alternate follow: Base Bid, Item BB -1: Consists of all Base Bid work of the Plans & Specifications which is all work shown except for side parking area. Add Alternate No.1, Item AA -1: Add for including work of parking area as shown in plans (approx. 20' x 45.5' area). A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference Project Name as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) Disclosure of Interests Statement new project described in replacement of concrete replacing concrete side A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 45 Calendar Days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, Five Hundred and no /100 Dollars ($500.00) per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage Ii the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such Liquidated damages will accumulate without notice from the City Section A - SP (Revised 9/18/00) Page 2 of 22 FIRE STATION NO.2 - CONCRETE DRIVEWAY REPAIRS - 2006 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be rece inviting bids for the project. Secretary. located on tiie firs p.m., Wednesday, September 13, Special Provisions A -28 A-29 r Ol i owinu manner ived in conformity with the official advertisement Proposals will be received in the office of the City floor of City Hall, 1201 Leopard Street, until 2 :00 2006 Proposals must include contractor's response to & A -30. Proposals mailed should be addressed in the City of Corpus Christi City Secretary s Office 1201 Leopard Sreet Corpus Christi Texas 78401 ATTN: BID PROPOSAL - FIRE STATION NO.2- CONCRETE DRIVEWAY REPAIRS -2006 A pre- -bid meeting is scheduled for 11:00 a.m., Thursday, August 31, 2006. The pre- bid meeting will convent: at the Engineering Services Conference Room, 3rd Floor of City Hall, 1201 Leopard Street, Corpus Christi, Texas, will be conducted by the City; and will include a general review of the project with time for questions and answers. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -i of the General Provisions will govern. A -3 Description of Project This project consists of approximately 5,280 SF of replacement measures for existing concrete drive paving and sidewalk addition to include, but not necessarily limited to concrete drive demolition /replacement; walk addition; subgrade preparation; caliche base; reinforcing steel; steel dowels and expansion joints , all in accordance with the plans, specifications and contract documents. A -4 Method of Award The bids will be evaluated based on the following, subject to the availability of funds 1. Total Base Bid (BB -1) 2. Total Base Bid (BB -1), plus Additive Alternate No.1 (AA -1). The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Section A - SP (Revised 9/18/00) Page 1 of 22 A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty - eight (48) hour notice to any applicable agency when work is anticipated to proceed ,n the vicinity of any facility by using DigTess 1- 800 - 828 -5157, the Lone Star Notification Company at 1- 800 - 669 -8344, and the Southwestern Bell Locate Group at 1-800- 828 -5127. For the Contractor's convenience, the following telephone numbers are 1 i.sted ity Engineer Project Engineer A/E Project Engineer Traffic Engineer Police Department Water Department Wastewater Services Department Gas Department Storm Water Department Streets and Parks Recreation Department Solid Waste Services AEP SBC City Street Div fpr Traffic Signal /Fiber Optic Locate Time- Warner ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 880 -3500 880-3500 Roots /Foster Associates, Inc., Architects 4600 Ocean Dr., Corpus Christi, TX 78412 PH: 361 -855 -6253 FAX: 361 - 855 -6255 880 -3540 882 -1911 857 -1880 857 -1818 885 -6900 857 -1881 880 -3461 857 -1970 299 -4833 881 -2511 857 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -4355 (880 -3140 after hours) (880 -3140 after hours) (885 -6900 after hours) (880 -3140 after hours) (693 -9444 after hours) (1- 800 - 824 -4424, after hours) 857 -1960 (857 -5060 after hours) (Pager 800 - 724 -3624) (Pager 888 - 204 -1679) (Pager 850 -2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work_ it is his responsibility to maintain the services in continuous operation at h: s own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the Section A - SP (Revised 9/18/00) Page 4 of 22 Engineer to the Contractor and will be assessed and paid. even if the permitted time o complete the Project has not expired. in accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project .ire covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the E'nq r_eer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non - receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the Lowest., responsible bidder. A -10 Wage Rates (Revise. 7 /5 /oct Labor preference and wage rates for Heavy Construction. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shell forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer-, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents, will also be submitted to the City Engineer hi-weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1.5) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays (See Sectior. B -1 -1 Definition of Terms, and Section B -7 -6, Working Hours ) Section A - SP (Revised 9/18/00) Page 3 of 22 411 existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted All necessary removals including but not limited to pipe, driveways, sidewalks, etc , are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will he made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A 17 F cld Office (NOT USED) The- Contractor must furnioh thc City Engineer or hi-3 rcpreocntativc with a field office at thc construction oitc. Thc field office -must contain at least 120 square chair-3. Thc Contractor shall Hove the field office on the site a.e required by the contractor. There in n per day annwcring service) and FAX machine paid for by thc A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on working days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre- construction meeting. The plan must indicate the schedule of the following work items: 1 Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Ionstruction Meeting an initial Construction Progress Schedule for review. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3 Submittal Dates: Indicate submittal dates required for all submittals. 4 Re- Submission: Revise and resubmit as required by the City Engineer. 5 Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Staking The drawings depict, out not necessarily include, lines, slopes, sections, measurements etc., that are normally required to construct a project of this nature. The Contractor shall furnish all lines, slopes, grades and measurements for control of the work. Section A - SP (Revised 9/18/00) Page 6 of 22 ties Where Jher.e existing sewers are encountered and are interfered with (i.e. broken, cut, etc , flow must be maintained. Sewage or other liquid must be handled by the `ontractor either by connection into other sewers or by temporary pumping to a atisfactory outlet, ail with the approval of the City Engineer. Sewage or other iqirid must not be pumped, bas ed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other iquid contacts the streets or ground surface. It is also the Contractor's responsibility tc make all necessary repairs, relocations and adjustments to the 7atisfacr_.ion of the City Engineer at no increase in the Contract price. Materials 'or repairs, adjustments or relocations of sewer service lines must be provided by he Contractor- A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided 'o all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor wii t be required to schedule his operations so as to cause minimum .adverse impact on the accessitility of adjoining properties. This may include, but .s not limited tc; working driveways in half widths, construction of temporary amps etc, The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. :streets and curb line must be cleaned at the end of the work day or more frequently, f necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project sate or adjoining street Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. Section A - SP (Revised 9/18/00) Page 5 of 22 Goa i s 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2 Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3 Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the :otal profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. Minority: See definition under Minority Business Enterprise. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to care ~y on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. The goals tor participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force nn all construction work for the Contract award are as follows Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15% These goals are applicable to all the construction work (regardless of Section A - SP (Revised 9/18/00) Page 8 of 22 A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer, The cost of the laboratory testing will be borne by the City In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The =contractor must proside all applicable certifications to the City Engineer. (NOT USED) The following drew,ing3 . (Attachment III) The signs must bc installed before construction location of thc signs will bc determined in thc field by thc City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1 Policy rt is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2 Definitions a Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican- Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of his section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in .payments from such an enterprise in the manner hereinafter set forth: Owned For a sole proprietorship to be deemed a minority business nterpr..se, it must be owned by a minority person. 'b) For an enterprise doing business as a partnership, at least Section A - SP (Revised 9/18/00) Page 7 of 22 designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the Uni :ed States Secretary of the Treasury and that meets all the above requirements_ The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued a 2c Bg Tax -- - - (NOT USED) £,ecti n B 6 22, Tax Exemption Provision, is deleted in its entirety and the following substituted in lieu thereof. elects to operatc under a separated contract as defined by ecction 3.291 of Chaptcr 3, Tax Administration of Title or such other rules or regulations an Public Accounts of Texan. may he promulgated by thc Comptroller of a ocparatcd- contract, hc shall. obtain the- ncecsaary sales tax permito from thc State Comptroller. 2 lelentify in the appropriate apace on thc '-6tatcment of Materials and Other Chcirgco" in thc proposal form thc coot of materials physically incorporated to suppliers. 4. Provide -the City-with copica of material in ices to substantiate thc proposal value of mi atcrialo. under a separated contract, hc must pay for all ealcs, Excise, and Uoc Taxco applicable to this Project. certificate to the subcontractor and thc Subcontractor, in turn, i -osuco a resale A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: Tn the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: Section A - SP (Revised 9/18/00) Page 10 of 22 federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minori =:y employees from Contractor to Contractor or from project. to ,project for the sole purpose of meeting the Contractor's percentage is prohibited. Compliance a Upon completion of the Project, a final breakdown of MBE participation, substant:iatei by copies of paid invoices, shall be submitted by the Contractor the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to he Contractor for failure to submit bi- weekly payrolls in a timely fa3hion ,r tc; submit overall participation information as require__; A 23 (Revised 7 /5/00) (NOT USED) The Contractor Shall aaourc the appropriate building inopeetieno by thc Building occupancy. Contractor muot obtain the Certificate of Occupancy, when applicable. Cection B 6 2 of thc Ccncral l'rovi3iono is hereby amended in that thc Contractor mu3t pay all fcco and chargco ape ctien Department, and all other City fee3, including water /wastewater meter fcc3 and tap fcco ao required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows:: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment Londs are in an amount in excess of ten percent (10„ of the Surety Company's capital and surplus, the Surety Company sham provide certificat -_on satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer'e capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to 3o business i-i the State of Texas. The Surety shall Section A - SP (Revised 9/18/00) Page 9 of 22 A -28 Considerations for Contract Award and Execution To allow he City Engineer to determine that the bidder is able to perform its cbl gations under the proposed contract, then prior to award, the City Engineer may eq°i i re a bidder to Provide documentation concerning: Whether any liens nave been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) /ears. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) /ears. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. 1- bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer The criteria upon which the City Engineer makes this determination may include the following: The superintendent must have at least five (5) years experience in the day -to- day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural submittal process, federal and state wage rate requirements, and contract close-out procedures. The foreman must have at least five (5) years experience in oversight and management of the work of various subcontractors and crafts. If the scope of the Project is such that a foreman is not required, the Contractor's superintendent shall assume the responsibilities of a foreman. Documentation concerning these matters will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation tc execute a contract for this Project. If such approval is not :obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Section A - SP (Revised 9/18/00) Page 12 of 22 1. Name City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.( Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date 'he City Engineer requests that the Contractor sign the Contract documents. Within thirty (30 calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certif,;cate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor - mployed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy The City need not be named as additional insured on Worker's Compensation coverage. or contractual liability insurance coverage obtained in accordance with Section B- 6- -1: (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. (NOT USED) Paragraph (a) Ccncral Liability of Section B G la et the General Previsiono is amended to include: Contractor muot pr vide builder's rrek insurance coverage for tho•term of th c Centraat up to and including thc date thc City finally accepts -thc Project or 1 Riok" form. Contractor muet—pay all costa neecssary to procure such builder's risk insurance coverage, including any deductible . licieg providi Section A - SP (Revised 9/18/00) Page 11 of 22 components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Admini trat on Staff. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders under "General Provisions and Requirements for Municipal Construction Contracts" B- 5 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following. ' ontractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such Section A - SP (Revised 9/18/00) Page 14 of 22 is the Texas Department of Public Transportation Standard Specifications for Highways. Streets and - 3ridges. ASTM specifications, etc., the precedence will be 3iven to addenda, Special Provisions and Supplemental Special Provisions (if 1pplicable) , constructi )n plan.,, referenced specifications, Standard Specifications, -rnd General Provisions. in t_h t order. A-- Visitor /Contractor Orientation (NOT USED) i to performing work at any City watcr facility, the Contractor, hia aubc ntractor3, and each of their employees muat have on their peroon a tcndancc at a v; ; Cafcty Orientation Pr gram conducted by thc City Watcr Department Per nncl. A Visitor /Contractor Cafcty Orientation Program will be • who do not have such a card, and who desire to perform any work within any City water facility. ror additional information rcfcr to Attachment C. Protection of Water Quality The City must all protect the quality of thc watcr in thc job pretcct thc quality of thc water. All materials equipment uecd in thc repair, reaaacmbly, otitutc /National Canitation Foundation (ANSI /NCI') Ctandard 61 as described }n thc Ctandar. Cpecificationa. The Contractor nhall contact with potablc water. Section A - SP (Revised 9/18/00) Page 15 of 22 All trash generated by the Contractor or hie cmploycc3, agent°, or Subcontractors, mu3t bc contained at all timco at the watcr facility oitc. Blowing trash will not be allowcd. The Contractor shall kccp work areas -1 can at-all t- eo and remove all trash daily. - Contractor's pero nncl muot wear colercd uniform ovcrall3 othcr than orange, blue, G. Contractor shall provide telephones fer Contractor personnel. Plant telePhenee 4---- Working houro will bc 7 :00 A.M. to 5.00 P.M., Monday thru Friday. �- — Contractor must not 113C any -City facility rcotrooma. Contractor mu3t provide 4-- -- All Contract r vehicles must be parked at dcai -xatcd oitc, ao dcoignatcd by City Watcr Dcpartmcnt Staff. All Contractor vchicico mart bc clearly labcicd with company name. No rivatc cm lo cc vehicic3 arc allowcd at 0. N. Cteven3 Watcr Treatment Plant . All peroonncl mu3t be in company vchicic3. During working hour3, contractor cmploycc3 muot not leave tho dcoignatcd c notruction arcs nor wander through any building3 other than for required work r a3 -directed by City Water Department peraonncl Any work to performed only by qualificd technical and aupervi3ory peraonncl, ao Iona 1 thru 9 below. Thin work includes, but i3 not limited to, modifications, additions, changc3, 3clection3, furnishing, in3talling, connccting, programming, cuotomizing, debugging, calibrating, or placing in operation all hardware and /or Software 3pccificd or required by the3c apecification3. The Contractor or hio Subcontractor propooing to perform thc CCADA work muot be able to dcmon3tratc thc following: 1 He io regularly cngagcd in thc computer based monitoring and contr 1 3yotcm buoincoo, prcfcrably ao applied to thc municipal watcr and waotcwatcr induatry. 2. He hao performed work on oy3tcmo of comparable size, type, and eemp - -y a o-- rege-i r-ed is this Ee i t r projcet3. 3-- He hao been actively engaged in the type of werk specified hcrcin tor at leaot 5 yearn. 4. He employ° a Registered Profceo4-onal eng4nccr, a Centre1 Cyatcm3 engineer, or—an--Easetrieal Rnffinecr to s}tpervi -ec er perform thc work required by thin 3pceification3. Section A - SP (Revised 9/18/00) Page 16 of 22 IIe employs personnel on this Project who have auccesnfully completed -a- manufacturer' a training couroc in configuring and implementing thc specific computers, RTU6'3, and software propoacd or the Contract. Ire maintainer a permanent, fully staffed and equipped service r -acil ity within 4-00 miles of thc Project site to maintain, repair, calibrate, and program thc ayatemo specified herein. iIc practical, all equipment of a given type will bc thc product of one manufacturer. Prior performance at thc O. N. 6teveno Water Treatment Plant will be .. the new work for thin Project. 9. The Contractor shall produce all filled out programming blocks required to Show thc programming as needed and required, to add thcic an example of the required programming blocks which thc City requireo to be filled in and given to thc City Engineer with all changes made during the programming phase. The attached sheet is an example and is net intended to show all of the required sheets. The Contractor will provide Trenching Requirements All trenching for this project at the O. N. Stevens Water Treatment Plant shall be performed using a backhoc or hand digging due to thc number of existing underground obstructions. No trenching machines shall bc allowed on thc project. A -36 Other Submittals Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail - umber(s), and specification Section number, as appropriate, on each subrni tt A form d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriatel signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the regiiremen +:s of the Project and Contract documents. Section A - SP (Revised 9/18/00) Page 17 of 22 e Scheduling: Contractor must schedule the submittals to expedite the Project:, and deliver to the City Engineer for approval, and coordinate the submission of related items. f Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts ", B -6 -15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan "). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors -B'" are incorporated by reference in his Special Provision. Section A - SP (Revised 9/18/00) Page 18 of 22 A 39 Certificate of Occupancy and Final Acceptance (NOT USED) Thc issuance of a ccrtificatc of occupancy for imprevctnenta dooms not constitute final acceptance of the improNemcnta under Ccncral Provision D 0 9. A -40 Amendment to Section B -8--6: Partial Estimates ;eneral Provisions and Requirements for Municipal Construction Contracts Section B- -6 Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- perishable materials delivered to the Project worksite unless the contractor provides the City Engineer with documents, satisfactory to the City Engineer that show that the material supplier has been paid for the materials aiel;vered to the Project : work.lte. A- '4-1 'dv " NOT USED) not bc counted as a work day. and the Contraetor will bc compensated at the unit A -42 OSHA Rules & Regulations _s the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs_ A -43 A*ended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act Dr omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work one under the contract or in connection therewith by the contractor, or any subcontractor supplier, materialman, their officials, employees, agents, or consultants_ The contractor shall hold agents harmless and shat attorneys, and agents from from a negligent act or attorneys, and agents that of the contractor, or any A -44 Change Orders the City, its officials, employees, attorneys, and 1 Indemnify the City, its officials, employees, any and all damages, injury, or liability whatsoever omission of the city, its officials, employees, directly or indirectly causes injury to an employee subcontractor, supplier or materialman. Should a change orders; be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials Section A - SP (Revised 9/18/00) Page 19 of 22 and equipment, wage rates, etc.). This breakdown information shall be submitted by ontractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. Upon completion of each facility, the Contractor shall furnish Owner with one set of iirect prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horiz:;ntal and vertical dimensions due to substitutions /field hanges (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) telet.ons, additions, and changes to scope of work. (5) zany other changes made. (NOT USED) The Contractor shall bc re3poasiblc for thc disposal of water uocd for tooting, diainfecti n and line flushing in an approved manner. Contaminants in thc water, particularly-high levels of chlorine -, will bc uocd for disinfection, and may -excccd thc permissible limits for discharge inter wctlande or environmentally sensitive arcas. Theoc arc regulated by numerous agencies ouch aa TNRCC, SPA, etc. It will bc thc Contractor's rcoponsibility to comply with the requirements of all regulatory ogcncico in thc disposal of all water used in thc project. The methods of disposal shall he submitted te- the City for approval. Thcrc shall bc no oeparatc pay for disposal of highly chlorinated water. Co traeter shall not use thc City's sanitary sewer system for diopo3a1 of contaminated water. cxp 3c all existing pipclincs horizontal location of (NOT USED) the project, Contractor Shall excavate and f thc project that croso within 20 fcct of prop 3cd pipelines at a maximum of 300 feet O.C. and Contractor Shall survey thc accurate horizontal and vertical locations of said parallcl pipclinco at 300 feet maximum ort and submit it to thc City for approval indicating thc Owner of pipclinco excavated and surveyed, aa well as the approximate station thereof, distance to thc pavement centerline and elevations of thc top of existing pipclinco. Section A - SP (Revised 9/18/00) Page 20 of 22 their entirety, tho rooulto thereof reported to tho weer and until Contractor receives Engineer's appreval of report. xplcrratory excavations shall paid for OR a lump num basis. Any pavcmcnt pcpair ossociatca with eitploratory excavations Shall be paid for according to the <-3tablishcd until pries of pavcmcnt patching. Contractor shall provide all his own +urvcy work effort (no separate pay) for exploratory excavations. A -48 Overhead Electrical Wires ('/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the cons - ruction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of hi} employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP and inform AEP of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 mended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City o` Corpus; Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." Section A - SP (Revised 9/18/00) Page 21 of 22 PROJECT: OWNER: ENGINEER : CONTRACTOR SUBMITTAL DATE: SUBMITTAL TRANSMITTAL FORM SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL -Section A - SP (Revised 9/18/00) Page 22 of 22 PART C - FEDERAL WAGE RATES & REQUIREMENTS Page 1 of 2 3ereral Decision Numbe TX030139 06/13/2003 TX39 3upersece Genera, laag slam N In(920039 TEXAS :ona(ructon Typc: ountyt.e-d: NUECES SAN PATRIC'0 EAVi CONSTRUCTION PROJECTS Lricluding Sewer and Water Line 7onstruction and 'l,rain,uge Pro-,ects ModrficatLon Number Publigatron Date 0 06/.3/2003 COUNTY(ies,. NUECEfH SAN ATRICI0 1.1TX2052A 12/01) .987 CARPENTERS (Excludno Fcrm Setting) CONCRETE ETNISHER ELECTPICTAN LABORERS Common Utliity POWER EQUIPMENT OPERATORS: Backnoc. Meier Grader Rates $ 9.0') 7.'.6 13 ' 5 . 7 8 9.21 Fringes 2.58 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted •iassifications needed for work not included within the scope cf the classit:cations listed may be added after award 5nly as provided ia the labor standards contract clauses (29 7FR ',(a)(1)(1_ IL the listing above, the "SU" designation means that rates 1.sted under that identi'ier do not reflect collectively bargained wage and lringe benefit rates. Other designations indicate unions whose raTes have been determined to be prevailing. WAGE DETERMINATION APPEAL:3 PROCESS 1.i Has there been an in tial decision in the matter? This can * an existing published wage determination * a survey underlyiiag a wage determination a Wage and Hour Division Letter setting forth a poi: i ion on a wage let erminat .on matter a :onformance (additieeal classification and rate) ruing Or survey related matter, initial ,ontact, including requests ter :_-summaries of surveys. should be with the Wage and Hour Regional Office for the area it which the survey was conducted because these Regional Offices have responsibility for the Davis-Bacon survey program. It the response from this initial c <,ntact is not satisfactory, then the process described in 2.) ar +d should be followed. With regard to any other matter not yet ripe for the formal process described here, Initial contract should be with the Branch of Construction Wage Determinations. Write to: Brand, of Construct on Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. ,'.0210 ,' ) f the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request eeview and reconsideration from the Wage and Hour Administrator `See 29 CFR Part 1.8 and 29 CFF Part. 7). Write to: Wage and Hour Administrator U.S. Department. of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data project description, area practice material, etc.) that the r questor considers relevant tc the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 ConstitutiDn Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 1- +4 v1n a..t. Page 2 of 2 0 i^1 1 PInnc A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this SEPTEMBER day of 26, 2006, bzv and between the CITY OF CORPUS CHRISTI of the County of Nueces. State of Texas acting through its duly authorized City Manager. termed an the Contract Documents as "City," and Barcom Commerical, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $75,894.00 by City and other obligations of City as set out herein, Contractor will construct and complete :ertain improvements described as follows: FIRE STATION NO.2 CONCRETE DRIVEWAY REPAIRS 2006 PROJECT NO. 5163 (TOTAL BASE BID + ADD.ALT.NO.1: $75,894.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof, Agreement Page 1 of 2 SIITZONI 110.2 • CIONCIONIZ iT - 2101 Total ea.. Bill 1 Inv rim u i 111 sV stern sa•i Z suns xj-1 r• 314. Total cost for all work 59,704.00 described to plane a specifications for ooastr dies of the project except for replacement of ooaarete aide parking area, couplets in ply per Lump dem. TOTAL MAIM aso (7.2711 )$ 2) : $ 59,704.00 !!!s MUCK _.S - T MG= - 11106 additive Alter sb. 1 Z w =1 uI re SID Tsui _ - r TOTAL !!Zell IN 11 Xtea, lo. AA -1 Lu p Sum Add t. . Total additive cost for ; , 16,190.00 a MO! bed is plans & specific. for replacement of ooaerete s . parking area. complete In place per lisp- Sm. WU& mourns aiNsmss Q. 1 (*A-44 TOraL sail $1 x-1) plus awetsys aigallarls w► -1) 16,190.00 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 45 CALENDAR DAYS after construction is begun. Should Contractor default. Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4__ parts at Corpus Christi, Texas on the date shown above AT??ST : City Secretary APPRO4 D AS TO LEGAL PORK: By: Asst. City Attorney A IOMST:. (If Cp ration; ■iloff (S low) E {Nate: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRISTI By Ronald F. Massey, Asst. Cit of Public Works and Utilities o r. By: /7' G •4Dl‘ti /o/% ��' Ange . Escobar, P.E. O Dir for of Engineering Services CONTRACTOR BARCOK COMPARRICAL , By: ( ;- Title: Elaine R. Hoffman, President 5826 BEAR LANE (Address) CORPUS CHRISTI, TX 78405 (City) (State) (Zip) 361/851 -1000 * 361/851 -1717 (Phone) (Fax) Agreement Page 2 of 2 -•.!:: = -• AO l 0%.,.... ly COMM .,.I2.0(0 SECRETARY PROPOSAL FORM FOR STATION NO.2 -CONCRETE DRIVEWAY REPAIRS- 2006 ZIOINOMOINT cur anammuss OIRWIVIS MIT OW COMM Callezerit. MOMS Iteaposal VIM Wage 1 of 7 PROPOSAL Place: Date: Proposal of Barcom Commercial, Inc. OR City Secretary Office September 13,2006Q200 p.m. a Corporation organized and existing under the lass of the State of Texas a Partnership or Individual doing business as TO: The City of Corpus Christi. Texas Gentlemen: The unfiersigned hereby propoees to furnish all labor and materials, tools, and neaeaaasy .quip— it, acid to pert a the work required for: at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit: •Propoaal Wars Page 2 of 7 Tats parr X0.2 - cotes ate: niraas - 2101 Total pas. did 1 MD lillL 121 1ir 1tui 111-1 =atmp Snw - {d. Intel cost for all Mork described a plans a specifications for comstractiso of the project .accept for replacement of coaerete side parking area. complete is place per Latsp Sam. $ 59,704.00 TOTAL IAls SID (ZTal 31.2) s $ 59,704.00 =RI ao.s - ! !cams - 20$1 Additive Alternate llo. 1 _ M 11 _ 111 xv DID =sac IIISEMERE _ 2L sacs a sraoaess =u., Ito. M -1 sru.Q �. �. Total additive coat for 1 woex a0scrsoea In plans i speciticatlpos for replacement of coscrets side. perkaa9 area. complete in place per La sew. mp -- = 16,190.00 TDI. afol'sivs a- ND. 1 01A-11 TOW. UMW IUD IDS-1) plea aillanVi amts W► -1) 16,190.00 $ 75,894.00 The underaigned hereby declares that he has visited tbe site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the Mork, and that no rmprommWations made by the City are in any sense a warranty but are >iere estimates for the guidance of the Contractor. Opal notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of St of the highest amount bid, is to become the property of the City of Corpus Christi in tbe event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business 18eterpriae Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the r---• and addresses of 11116 firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Maribor of Signed Sets of etas The contract and all bones will be prepared in .not less than four counterpart (original aided) seta. Time of Casplet1on: The undersigned agrees to complete the wort within 4S Calemeer Dame fron the date designated by a ilbrk Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carryout the above mentioned work covered by this proposal, in strict accordance with the contract documents.and the requirements pertaining thereto, for the Sum or sins above set forth. Receipt of the following addenda is acknowledged (addenda umber) : #1 8 -21-06 Respectfully submitted: Name: Elaine R. Holnman, President BY: (888,L - IF B2BO88 IS ($IfilUTUI) a corporation) Address : 5826 Bear Lane (P.O. Boz) (Street) Corpus Christi, TX 78405 (City) (State) (Zip) Telephone: 361 -851 -1000 sozss Do art *taab bid tam other papaw. Pill in with !at and admit aosp1.te with attadind papers. $Rewired Merest MN1 Bond No. 6442594 P E R F O R M A N C E B O N D STATE OF TEXAS 5 KNOW ALL BY THESE PRESENTS: COUNTY OW NUECES S TEAT Baraom Commercial, Inc. of NUECES County, Texas, hereinafter called "Principal ", and SafecolnsuranceCompanyofAmerica , a corporation organized under the laws of the State of Washington and duly authorized to do business in the State of Texas, hereinafter callee "Surety ", are held and firmly bound unto the city of Corpus Christi, a municipal corporation of Nuecea County, Texas, hereinafter called "City ", in the penal sum of SEVENTY -FIVE T!OUSAND, EIGHT HUNDRED NINETY -FOUR AND NO/100($75,894.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment Df which sum well and truly to be made we Bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated th 26TH of 3EPTEMBER , 20 06 , a copy of which is hereto att.achec and made a part hereof, for the construction of: FIRE STATION NO.2 CONCRETE DRIVEWAY REPAIRS 2006 PROJECT NO. 5163 (TOTAL BASE BID + ADD.ALT.N0.1: $75,894.00) NOW, THEREFORE, If the principal shall faithfully perform said work in accordance wete the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then t..is obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, hat if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And tnat said surety for value received hereby stipulates that no change, extension cf t-.me, alteration or addition to the terms of the contract, r to the work performed thereunder, or the plans, specifications, c.rewings, etc., accompanying the same shall, in anywise affect i':s obligation on this bond, and it does hereby waive notice of such change, extension of time, alteration or addition to the terms of :he contract, or to the work to be performed thereunder. Performance Bond ?age 1 of 2 This bond is given to meet the requirements of Article 5160, !erno..'s Civil Statutes )f Texas, and other applicable statutes of -he S.:ate of Texas The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite '.oti_ces may be delivered and on whom service of process may be had n matters arising out of such suretyship, as provided by Art. -.19 - -, Vernor's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 4th "ay of October , 2c_06 PRINCIPAL Barcom Commercial, Inc. By. Elaine R. Hoffm President Print Name & Title) ATTEST Secretary Erica Danilof (Print Name) SURETY Safeco Insurance Company of America By. A=orney -jr-fact C. A. McClure (Print Name The Resident Agent of the Surety in Nueces County, Texas, for de1.very of notice and service of process is: Agency: Contact Person: Address: Phone N'tsober : Swanter & Gordon Insurance Agency Mary E. Moore P.O. Box 870 Corpus Christi, Texas 78430 361- 883 -1711 NOTE: hate of PerfOrmance Bond m;8t not be prior to date of contract) (Revised Performance Bond Page 2 of 2 9/02) Bond No. 6442594 P A Y M E N T BOND STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES THAT Earcom Commercial, Inc. of NUECES County, Texas, aereinafter called "Principal ", and Safeco Insurance Company of America , corporation organized under the laws of the State of Washington , and iuly authorized t:; do business in the State of Texas, aerei after callec "Surey ", are held and firmly bound unto the ity of Corpus Christi, a m:uniclpai corporation of Nueces County, "'exas, hereiraftez callec "City ", and unto all persons, firms and :orporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of SEVENTY -FIVE THOUSAND, EIGHT _ HUNDRED NINETY -FOUR AND NO/100021,894.00) be paid in Nueces and truly to be administratox. a an these presents: DOLLARS, lawful money of the United States, to County, Texas, for the payment of which sum well made ae bind ourselves, our heirs, executors, successors, jointly and severally, firmly by THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus 2hristi, dated the 26TH day SEPTEMBER , 20 06 , a copy of which _s hereto attached and made a part hereof, for the construction of: FIRE STATION NO.2 CONCRETE DRIVEWAY REPAIRS 2006 PROJECT NO. 5163 (TOTAL BASE BID + ADD.ALT.N0.1: $75,894.00) NOW, THEREFORE, if the principal shall faithfully perform its ^ut_es and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecutior of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation sha'1 be void; otYerwise to remain in full force and effect. PROVIDED FURTHER, that of any legal action be filed upon this pond, venue shall .ie in Nueces County, Texas. And that saia surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, a r to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect ias obl_gation on this bond, and it does hereby waive notice of any such ;change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is giver. to meet the requirements of Article 5160, Jernon's Civil Statutes of Texas, and other applicable statutes of he State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein ere in accordance with and as defined in said Art�c�e. The undersigned agent is hereby designated by the Surety :rerein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had ..n matters arising out of such suretyship, as provided by Art. 19 - , Vernon's Texasrsurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 4th Jay of October , 2 0 06 • PRINCIPAL Barcom Commercial, Inc. Elaine R. Hoffman; President Frint Name & Title) ATTEST 7:; Secretary Erica Danilo (Prinz Name) SURETY Safeco Insurance Company of America Ey: Attorney --in -fact C. A. McClure (Prig* Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: ,n.y; Swanter & Gordon Insurance Agency contact Parson: Mary E. Moore Address: P.O. box 870 £orpus.Christi. Texas 78430 Phone Number: 361_883 -1711 (NOTE: Cate of Payment or mus` not he prior to date of contract) (Revised 9/02) ?aymerit Bond Page 2 of 2 POWER OF ATTORNEY Safeco Insurance Compar es PO Box 34526 Seattle, WA 98124 -1526 No 6847 KNOW ALL BY THESE PRESENTS: Thai SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each app ni 1FTH ' Mt. y R. ( \ • `:'C RE. E EL1 v hROOKS. W11 11A ( KASSAB. MICH1.LLE LLERY: Cypress, Texas's`.. "........._ is t .„ ano lawful attomey(s) -tn -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar haoa,ter Essued in the course of its business. and to bind the respective company thereby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this day of July STEPHANIE DALEY - WATSON, SECRETARY MIKE PETERS, PRESIDENT, SURETY 20115 CERTIFICATE Extract 'tom the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: r z c 'i, Se, on ' 3 IDELITY AND SURET`r BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointee for that c..rx.se b tt,- officer charge of surety operatons, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with ;.anerty to execute or behalf of the company ' delity and surety bonds and other documents of similar character issued by the company in the course of its '.;:..g.nass. 3- any instrument making or evidencing such appointment the signatures may be affixed by facsimile. On any instrument conferring such authority r any ei a or undertaking of the company the seal, or a facsimile thereof, may be impressed or affixed or in any other rnanner reproduced; provided, weer. roe seal all not be necessary to 're validity of any such instrument or undertaking " Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. lr ry cedifi.;ate executed by the Secretary or an assistant secretary of the Company setting out, (i' f`e provisions of Article V Section 13 of the By -Laws, and copy of the power -of- attorney appedntment, executed pursuant thereto, and ad Certifying that said power-of-attorney appointment is in full force and effect, : -e r.gnat,. e ;f the certifying officer may be by f 3csimile, and the sea! of the Company may be a facsimile thereof " Stephanie Jatey- Watson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do ere:y certify that the foregoing extracts of the By -Laws anc of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued -s .ant thereto, are true and correct and that t'oth the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation ,74/LE 4 Iris igECOifp t:Ma'ORJtTE' V SEAL s v 'v 4'0 W fWaW 4th day of October 2006 r._ STEPHANIE DALEY - WATSON, SECRETARY Safeco and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF F;51 SAFECO' State of Texas Surety Bond Claim Notice In accordance with Section 2253.021(0 of the Texas Government Code and Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bond(s) should be sent to: SAFECO Surety Adams Building 4634 154th PL NE Redmond, WA 98052 Mailing Address: SAFECO Surety PO Box 34526 Seattle, WA 98124 Phone: (425) 376 -6535 Fax: (425) 376 -6533 www.SAFECO.com S- 6128ISAEF 8/01 A registered trademark of SAFECO Corporation P A Y M E N T B O N D STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Barcom Commercial, Inc. of NUECES County, Texas, hereinafter called "Principal ", and a corporation organized under the laws of the State of and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of SEVENTY -FIVE THOUSAND, EIGHT HUNDRED NINETY -FOUR AND NO/100($75,894.00) DOLLARS, lawful money of the United States, to be paid in Nueces county, Texas, for the payment of which sum well a.nd truly to be Trade we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal. entered nto a certain contract with the City of Corpus Christi, dated the 26TH day SEPTEMBER , 20 06 , a copy of which is hereto attached and made a part hereof, for the construction of: FIRE STATION NO.2 CONCRETE DRIVEWAY REPAIRS 2006 PROJECT NO. 5163 (TOTAL BASE BID + ADD.ALT.NO.1: $75,894.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said :contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 TI-LL bond is .iven °.c meet the requirements of Article 5160, v er ni :gin' :s Civil Stat tes )f Texas, and other applicable statutes of t he state of Texas.. The terms "Claimant", "Labor" "Material", Material n , as used herein are accordance with and as defined in said hrt ie . The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7 . 1c)-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day f , 20 PRINCIPAL By: (Print Name & Title) ATTEST Secretary (Print Name) SURETY By: Attorney -in -fact (Print Name) The Aisident Agent of the Surety in Nueves County, Texas, for deliv*ry of notice and service of process is: Agency: Contact Person: Address: Phone Number: NOTE Date of Payment Bend must not be prior to date of contract) (Revised 9/02) Payment Bond Page 2 of 2 P E R F O R M A N C E B O N D STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Barcom Commercial, Inc. of NUECES County, Texas, hereinafter called "Principal ", and , a corporation organized under the laws of the State of and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of SEVENTY -FIVE THOUSAND, EIGHT HUNDRED NINETY -FOUR AND NO/100($75,894.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 26TH of SEPTEMBER , 20 06 , a copy of which is heret attached =;nd made a part hereof, for the construction of: FIRE STATION NO.2 CONCRETE DRIVEWAY REPAIRS 2006 PROJECT NO. 5163 (TOTAL BASE BID + ADD.ALT.NO.1: $75,894.00) NOW, THEREFORE, if The principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by The City, then this obligation shall be void; otherwise to remain in fill force and effect PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 Thi bond is iven to meet the requirements of Article 5160, `,ern gin's Civil Star ates : f Texas, and other applicable statutes of the tat of Texas. The undersigned agent is hereby designated by the Surety here n as the Agent Resident in Nueces County to whom any requisite rot ices may be del: ver.ed and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. -.19-1, lernon' s Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day ,f , 2(, PRINCIPAL By: (Prim Name & Title) ATTEST Secretary (Print Name) SURETY By: Attorney -in -fact (Print Name) The Meal nt AgentA of the Surety in Entices County, Texas, for deliv+imey of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE. Date of Performance Bond must not be prior to date of contract)(Revised 9/02) Performance Bond Page 2 of 2 ACORD. CERTIFICATE OF LIABILITY INSURANCE CSR RT BARCO -1 DATIE(MIUDD/wYY) 10/03/06 LEFTS PRODUCER Swantner & Gordon Ins. Agcy -CC P. 0. Box 870 Corpus Christi TX 78403 -0870 Phone:361- 883-1711 Pax:361- 844 -0101 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIRCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERSAFFORDINGCOVERAGE NAIC# — - -- - - -- INSURED Barco1s Commercial, Inc. 9 5826 Bear ye Corpus Christi TX 78405 INSURER A 11a.rican Cas. co. of a.adinf PREMISES (Ea INSURER B sat '1 fiz. Ins. co et Bartlett :LAMS MADE X OCCUR }— INSURER C rnt.rstata rise c Casualty co. $ 10,000 INSURER 0: Fireman's fund Insuzanc. Co. $ Y,000,000 INSURER 5 Land•.rk American Insurer. GENERAL AGGREGATE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,, ;I. .- POLICY NUMBER . , _ TYPE Of DATE (MMIDDfYYI '10:,1 i LEFTS Ha;, littta ' . . •. a �. GENERAL LIAB&RY A X 1COMMEPCIAL GENERAL LIABILITY 12072376796 09/12/06 09/12/07 EACH OCCURRENCE $1,000,000 PREMISES (Ea $ 100,000 :LAMS MADE X OCCUR }— MED EXP (Any one parson) $ 10,000 PERSONAL 8 ADV INJURY $ Y,000,000 _ ■ GENERAL AGGREGATE s/ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER �.`POLICY JECT ' LOC PRODUCTS- COMP /OPAGG $ 2,000,000 AUTOMOBILE LIABILITY A X ANYAL'1, 2070920989 ALL OWNED AULD SCHEDULED AL(r0< X HIRED A,TTOS X ! NON -OWNED AUTO:'. 09/12/06 09/12/07 COMBINED SINGLE LIMIT CO accident} 1,000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) _ GARAGE LIABILITY — ANY AL` AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY' AGG $ EXCESS/UMBRELLA LIABILITY V C X loccuR ! ! cLAIMSMADE ! PFX1000554 09/12/06 DEt1 U " BLE 1 RETENTION $ 09/12/07 V EACH OCCURRENCE F 5,000,000 AGGREGATE $5,000,000 $ $ S $ WORKERS COMPENSATION AND B 1101 LIABmrTY ✓ WC2070921026 09/12/06 ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED, If yes, describe antler SPECIAL PROVISIONS bsIow 09/12/07 TORY LIMITS sER E . EACH ACCIDENT $ 1000000 EL. DISEASE - EA EMPLOYEE $ 1000000 El DISEASE - POLICY LIMB s 1000000 i OTHER D !Builders Risk 1.1ZI97802454 09/12/06 09/12/07 Location $ 4,000,000 Occurrenc $10,000,000 DESCRPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES / EXCLUSIONs ADDED BY ENDORSEMENT / SPECIAL PROVISIONS See Notepad for Excess Liability Limit - RE: #5163 Fire Station No. 2 Concrete Driveway Repairs 2006 GL /AUTO: Additional Insured per written insured contract in favor of The City of Corpus Christi. *30 Day Notice of Cancellation not applicable to Excess Liability policies. CANCELLATION Ciy of Corpus Christi Dept of Engineering Services Attn: Contract Administrator P. O. Box 9277 Corpus Christi TX 78469 -9277 ....�...� .......�. , CICO-C1 I SHOULD ANY OF THE ABOVE DESCREED POLICIES BE CANCELLED BEFORE TIE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* I DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAJLUR O DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REP RESENTA11VES. R ENTA S� Y C ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Excess Liability Limit: $10,000,000 Excess of $5,000,000. Landmark American Insurance Company Policy No. LHAD3560 Policy Period: 9/12/2006 to 9/12/2007 A s MON Win NA Policy# C2072376796 3- 140331 -A (Ed. 01/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 SCHEDULE Designated Project: (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section 0) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodity injury,' "property damage," or "personal and advertising injury" B. The insurance provided to the additional insured is limited as follows 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your worts" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured 2. The Limits of insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations G- 140331 -A (Ed. 01 (01) C. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products- completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: Page 1 of 2 e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Dart; and (3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to detend or indemnify an additional insured under this endorsement Countersigned by. Authorizated Representive G- 140331 -A (Ed 01 /01) Effective Date G- 140331 -A (Ed. 01/01) until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Page 2 of 2 1 ( POLICY NUMBER: C2070920989 COMMERCIAL AUTO CA 0403 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsernent modifies insurance provided under the following: V/ 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 modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date Is indicated below. Endorsement Elective: 9/12/06 Counters! ( <0 rued Representative) Named Insured: Barcom Commercial, Inc. SCHEDULE Name and Address of Additional insured: City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section II) is amended to include as an 'insured" the person(s) or organization(s) shown in the Schedule, but only with respect to their legal Liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. B. The additional insured named in the Schedule or Declarations is not required to pay for any premiums stated in the policy or earned from the policy. Any return premktm and any dividend, if applicable, declared by us shall be paid to you. C. You are authorized to act for the additional insured named In the Schedule or Declarations in all matters pertaining to this Insurance. D. We will mail the additional Insured named in the Schedule or Declarations notice of any cancellation of this policy. If we cancel, we will give 10 days notice to the additional insured. E. The additional insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. CA 04 03 0604 Copyright, ISO Properties, Inc., 2003 Pagel of 1 -'ULi. NUMBER: aJ Ul16 /b /y6 CG 0205 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. `TEXAS CHANGES ® AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE Thi$ endorsement modifies insurance provided under the following: V COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART in the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi 2. Address: P.O. Box 9277 Corpus Christi, TX 78469 3. Number of days advance notice: Countersigned by: SCHEDULE Q'S P-10 ke Authorizated Representive Effective Date CG 02 05 11 85 Copyright, Insurance Services Office, Inc., 1984 111111111111 1111111111111 1111 11111111 I111111111 POLICY NUMBER: C2070920989 ,,i COMMERCIAL AUTO CA 02440604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS 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 modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 9/12/06 Countersigned By: ..` rized Representative) Named Insured Barcom Commercial, Inc. .% SCHEDULE Number of Days' Notice 3 0 Name 01 Person Or Organization City of Corpus Christi Address P.O. Box 9277 Corpus Christi, TX 78469 It 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 days' notice indicated In the Schedule. CA 02440604 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 n.111.111111 1IU II11n/111 11111 ! 111 I I1117A lU111111 q 8I WORKERS COMPENSATION AN 'MPLOYERS LIABILITY INSURANCE POLE. WC 420601 (Ed. 7 -84) 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 mall advance notice to the person or organization named in the Schedule. The number of days advance notice Is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice 30 ✓ 2. Notice will be mailed to: City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 This endorsement changes the poky to which It Is attached and is effective on the date Issued unless otherwise stated. (The Information below is required only when thus endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 9/12/06 Policy No. WC2070921026 // Endorsement No. Insured Pre Barcom Commercial, Inc. V Insurance Company Countersigned by National Fire Ins. Co. of Hartford WC 42 06 01 (Ed. 7 -84p V