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HomeMy WebLinkAboutC2007-138 - 5/8/2007 - Approved2007-138 05/08/07 M2007-121 Alpha Building Corporation EPECIAL PROVISIC S P C I I C T N S AND FORMS OF C O N T R A C T S AND BONDS FOR ENGINEERING ANNEX STORAGE BUILDING PHASE 1 RENOVATION T CT WAS AWARDED VIA JOB ORDER CONTRACT. WHICH WAS COMPETIVELY PRIOCED UNDER R ' RFP 2007-01 FOR DEPARTMENT F ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 SPECIAL PROVISIONS SPECIFICATIONS 14 F O R OF CONTIZACTS AND BONDS ORDER CON'r�CT VIA JOB ?AWARDED ,�Y pRIOCSD v�$R ISIS PROJECT WAS COMp$TI�' WI=C RYE' 2007 -01 FOR OF ENGINEER SERVICES CITY OF S Rr; R RI'I ]101 wax. (Revised 7/5/00) ENGINEERING ANNEX STORAGE BUILDING PHASE 1 RENOVATION PROJECT NO. 4273 Table of Contents (NOT USED) NOTICE TO CONTRACTORS - A (Revised May 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised, 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS ving-Preposals/Pre-Bid Meeting (NOT USED) (NOT USED) 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 SNOT USED) A 9 Acknowledgment of Addenda- (TOT USED) 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 (NOT USED) A-16 Disposal /Salvage of Materials A-1-7 -Field-Office A -18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification A 21 Project Sign° (NOT USED) A-22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds A -25 Sales Tax Exemption NO LONGER APPLICABLE (6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A28 Gene4r, e Nat # wn e 4 rte;.+ C on*aot ar'd and Execution (NOT USED) 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 G-+, n _t i o ,__ , Work (NOT USED) A 34 Precedence of Contract Documcnto- (NOT USED) (NOT USED) A-36 Other Submittals (Revised 9/18/00) A 37 Amended "Arrangement and Charge for Water Fu ni Ohcd by-the City" - (NOT USED) A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 G ifiCate of pad y aed- ccpta e- (NOT USED) NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May, 2006 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIS INSURANCE COVERAGE 30-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT 1 AUTOMOBILE LIABILITY--OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORMERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100, 000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden 6, accidental discharge; to include long-term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT O REQUIRED • NOT REQUIRED BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements O REQUIRED X NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements • REQUIRED E NOT REQUIRED Page 1 of NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION COVERAGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENT ENTITIES Texas law requires that most contractors, subcontractors, and others providing work or services for a City building or construction project must be covered by worker's compensation insurance, authorized self - insurance, or an approved worker's compensation coverage agreement. Even if Texas law does not 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 services on this Project at any time, including during the maintenance guaranty period. Motor carriers which are required to register with the Texas Department of Transportation under Texas Civil Statutes Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Section 4(j) need not provide 1 of the 3 forms of worker's compensation coverage. The Contractor agrees to comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of which is attached and deemed incorporated into the project contract. Please note that under section 110.110: 1. Certain language must be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; 2. The Contractor 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 3. The Contractor is required to post the required notice at the job site. By signing this Contract, the Contractor certifies that it will timely comply with this Notice to Contractors "B" requirements. NOTICE TO CONTRACTORS- Et (Revised 1/13/98) Page 1 of 7 8/7/98 • Page 2 c • ���• nF r4 *K►I'� wt wi ii f � F r � �4/� f - , *+ Zo w.,:... iciinZ. +..:..: n , o. deiivering equipment r mz :w ai . r i it tabor, tTa, nz:io I.. r other sen-ice r eiate a project. "Services" does not inciucie activities unreiated to the proi S oh as fond* a erz c e vendors, a supply deliveries, and delivery of ; rta l toilets. Project—includes the provision of all services reiated to a building or construction contract for a gover=ental entity, (b) Prmidir.7. or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project a* a co, *vered by workers' compensation cave: ace, that the coverage is based on proper reporting of cdassi5cation codes and payroll amounts, and that ail coverage a re ments have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commissions Division of Self - Insurance Regulation. Providing false or misleading cerriEcates of coverage, or :axing to provide or maintain rewired coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A gover nnlentai entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of para app (7) of this subsection, using the language required by paragraph (7) of this subsection; as part of the contract, using the language required by para ap (7) of this subsecron, require to contractor to perform as required in subsection (d) of this section; obtain from the contractor a certificate of cover-ace for each person providing services on the project, prior to that person beginning work on the project; obtain from the contractor a new certificate of coverage showing extension of coverage: before the end of the current coverage period, if she contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (13) no later than seven days after the expiration of the coverage for each other Person providing services on the project whose current certificate shows that the coverage period ends during the duration ofthe project; retain certificates of coverage on file for the duration of the project and for three years thereafter, provide a copy of the certificates of coverage to the commission upon request and to any person entitled to then by law; and (7) use the Ian :zua a contained in the following Figure 1 for bid specifications and contras. without any additional words or cranes, except those required to accommodate the specific document in y � p which they are contained or to impose stricter standards of documentation: entation: T285 I 10. 1 1 0(c)(7) tbl http://vrww . o . rate.t .0 itac.'2 fWl I 0/8/1 1 .11 0.htrni NOTICE TO CONTRACTORS - Revised 1/13/98) Page 3 of 7 8/7/98 gage 4 or TAC .110 , .,t .. ` require each verson with wh m it contra c:3 Z v -...:rovide services on a • on proper reporting of cIassificatior' codes and payroii amounts and g provide coverage based o p� t � ... �� the project. for duration • eeme ^#s for of its e:rpic ees providinz �f and coy ewe ax of the project; a of c er a to the contractor prior to that person be nn:'= work on e (3) provide certificate � ..o project; • � � � project the iar.�ae sbse��rr of this include all contracts to provide services o�� � • section. s y* .. .- to the end the coa period, a new certificate of coverage (D) provide the contractor, prior � on the current certificate of coverage extension of coverage, if the coerae ,err shown showing ends during the duration of the project; (E) .. obtain from each other person with whom it contracts, and provide tote con :rac•o . other person beair�. work on the project; and a certificate f coerare, prior to the o r oats of coverage showing ::..sin of the (li) prior to the end of a coverage period, a new c . p the current certificate o or ends during the coverane period, i the ccvrae period shown n duration of the project; . i �. of eon file for the duration of the project and for one year (F) retain a required ce. ,.scats or covra thereafter, notify ' ' rt~�e n� or rson �vet�r� -irk ten days � the governmental entity in writing by p provision of after the person er or should have known, of any change that materially affects the fro ' '' es on the project; and covera e of any person providing services p • with whom it contracts, to perform as required by (H) contractually require each other person provided to the person paragraph, with the certificate of coverage to be subparagraphs (A)4i) or trs pr~gra. for whom they are providing services. • services n a project, other than a contractor, shall: (e) person providing p � 1) provide coverage for its employees providing services on project, for the duration of �e project je� bas ed on proper re ortrn of classification codes and payroll amounts and filing of any coverage aee. efts; provide a certificate of coverage e s required by its contract to provide services on the project, prior to beginning work on the project; in services on the project: !' signing this have the following 1anuuage its contract to provide p contract or providing or causing to be provided a certificate of covera2e, g tie person signing g iu s contract is representing to the governmental entity t hat all employees of the person sliming this contract who will provide services on the project will be covered by workers compensation cov erae http../Avwvv.sos.state.t-x.usitaci28/1:1/1 1 T 10.1 l .ht i NOTICE TO CONTRACTORS - B Revised 1113/96) Page 5 cf 7 8/7/98 Page 6 of duration of the contract: - .::c,�. of coverage on file for the duration of the project and for one year retain ail required fie. �...��. thereafter; tai entity in writing by certified mail or personal delivery, within ten days (G) notify the oet��xe�.� ty . .. after the person mew or should have own, of any change that materially affects the provision of coverage of any erson providing services on the project; and ' each person with whom it contracts, to perform as required by thi PART A SPECIAL PROVISIONS ENGINEERING SERVICES ANNEX STORAGE BUILDING PHASE 1 RENOVATION PROJECT NO. 4273 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Re eivin- Pr. • osals /Pre -Bid Meetin. (NOT USED) ■ ■ F ■ 4 F • • a orcnao doom, Third- - = = - =_ _ L = A-2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Pro ect This project shall include the procurement and installation of renovations, as per attached quote dated April 26, 2007 (see Attachment No. 1), complete and in place for the Lump Sum price of Forty -nine Thousand Nine Hundred Twelve and 31/100 DOLLARS 049,912.31). A-4 Method of Award (NOT USED) This project was awarded VIA Job Order Contract which was competively bid under RFP R ' 2007-01. Tho b d c. will bo ovalu --]r t t o roj4144-4WW---0W--a44--4W4411---ille.7—wft&roe t intcroat o -- A-5 Items to be Submitted with Pro•osal The following items are_ required to be submitted with the proposal: 2. Disclosure of Interests Statement Section A - SP (Revised 12/15/04) Page 1 of 2 A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Building Construction. I Minimum Prevailing Wage Scales The Corpus Christi City Cbuncil has determined the general prevailing minimum 1urly wage rates for Nueces Cc xnty, Teas as set out in Pmt C. The C'itr"actor and any subcontractor mast not pay less than the specified wage rates to all laborers, workmen, en, and mechanics employed by them in the execution utian of the Contract. The Contractor or sdbco tractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such persan is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record dhowing the names and classifications of all laborers, workmen, andnecthanics employed by them in connection with the Project and dhowing the actual wages paid to each worker. The Contractor will nee bi- weekly certified payroll submittals to the City Engineer. The Contractor will also Obtain copies of such certified payrolls from all subcontractors and an the Project. ect . 'use documents will also be submitted to the City Engineer others working � t'y � 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 cane -half (136) times the specified hourly wave must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked an Sundays or holidays. (See Section B -1 -1, Definiticn of Terms, and Section B -7 -6, Working Hours.) -11 aper tiara wit x Public a {wised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operatic within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the 'Texas Excavation Safety System (Dig TESw 1 -800- 344 -8377, the Lone Star tificaticxr 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 bers are listed. City Engineer Project Engineer Traffic Engineering Police Departrrent Water t Wastewater Department Gas Departrrent Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P S B C City Street Div. for Traffic Signal /Fiber optic Locate Cablevisian ACSI (Fiber Optic) Dr (Fiber Cystic) C oiceCcm (Fiber Optic) CAPROCK (Fiber Cptic) Brooks Fiber Optic (MAN) 826 -3500 826 -3500 826 -3540 882 -1911 857 -1880 (880-3140 after hours) 857-1818 (880 -3140 after hogs) 885 -6900 (885 -6900 after hours) 857 -1881 (880 -3140 after hours) 826 -3461 857 -1970 299 -4833 (693 -9444 after hours) 881 -2511 (1-800-824-4424,after hours) 857 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935-0958 972-753-4355 857 -1960 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888- 204 - 1679) (Pager 850 -2981) (Mobile) Section A - SP (Revised 12/15/04) Page 3 of Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals (NOT USED) All oidoting concrete and aophalt within tho limito- A- EEG posl /Barrage of Materials Excess excavated material, broken asphalt, concrete, broken culverts, wall coverings, lighting fixtures and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office (NOT USED) c of 3 0 - -6-492— -and w 2-- —hairs ' lc that me ourco at -Enginccr or hio reprec nt ti cprtc pay item fore- field- office, A-18 Schedule and S• ence of Construction or by the Contractor. There kip—me The Contractor shall submit to the City Engineer a work plan based only on CALENDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. Section A - SP (Revised 12/15/04) Page 5 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 provide all applicable certifications to the City Engineer. A-21 Project signs {NOT USED) eneffi- I The signs t r.. t 5... i rO t a 7 1 e. b or •. bcg will be maintaincd throughout ho flroj cct period—by the City Engineer. A-22 Minorit Minorit Business Bute -rise Partioi.ation Polic (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: Section A - SP (Revised 12/15/04) Page 7 of 22 Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 1 b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. rt Ips a tion a ui Eed (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection. trifeembE of Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (1010 of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 10 of the Surety Company ' s capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual Section A - SP (Revised 12/15/04) Page 9 of 22 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O Box 9277 Corpus Christi, Texas 78469-9277 3. Number r 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 calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-- -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-I1 (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. Ail Resnsibilit for Dama.e Claims Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. i.d_su _ R ok r Installation Floater coverage must be an "All Risk" fort. Contractor must pay all costs necessary to procure such *ii_ o o fl -k _r Installation Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. Section A - SP (Revised 12/15/04) Page 11 of 22 A-30 ,mendd "Consideration of Contract" Re • irements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: ity Engineer may request the following information: 1. A list of the major or components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to Meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B ---1; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre -- construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and -29 concernin Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. Section A - SP (Revised 12/15/04) Page 13 of 22 t the qua1: Section A - SP (Revised 12/15/04) Page 15 of 22 T i A-36 thr submittals 1. shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor crust 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. 1 Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct 7- Section A - SP (Revised 12/15/04) Page 17 of 22 A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6 -21. Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by } contractor as a basis for the price of the change order. A-45 As -Built Dimensions and Drawin• s (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. Section A - SP (Revised 12/15/04) Page 19 of 22 A-49 Amended "Maintenance Guarant " (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Bu Board Quote Technical S - ecification co • e of Work NOT USED) Section A - SP (Revised 12/15/04) Page 21 of 22 PART B GENERAL PROVISIONS (INCLUDED BY REFERENCE TO RFP 2007 -01) PART C FEDERAL WAGE RATES AND REQUIREMENTS General Decision Number: 'T =0700 05/11/2007 TX63 Superseded General Decision Number: TX200 0 State: Texas Construction Type: Building Counties: Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 02/09/2007 1 05/11/2007 * BRT O00I -005 05/01/2007 Rates Fringes Bricklayer $ 20.00 6.50 ELECO278 -001 08/28/2005 Rates Fringes Electrician $ 17.45 4.50+7% IRON00 -002 01 /01 /2003 Rates Fringes Ironworker er 16.10 4.65 PiINO1 O -001 07/01/2005 Rates Fringes Painter $ 15.15 . 2 SUTX1987-002 01/197 Rates Carpenter $ 9.96 Cement Mason/Finisher $ 12.50 Laborer $ 5.56 Mason Tender $ 7.14 Plumbers and Pipefitters (Including HVAC) $ 10.05 Power equipment operators: Backhoe $ 7.84 Fringes Page 1 of 3 http://www.wdol.goviwdoliscafilesidavisbacon/TX63.dvb 517/2007 Page 3 of Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 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 requester considers relevant to 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. epa rtment of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.goviwdoliscafilesidavisbacon/TX63.dvb 5/17/2007 BUILDING CORPORATION First Choice For Facilities Renovation & Construction Mr.Angel Escobar, P.E. Director of Engineering Services c/o Mt Jerry Shoemaker P.E. City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 26 April 2007 We are pleased to present our proposal for Project # 4273 - Renovations to the Engineering Annex Storage Building (Phase 1), 1201 Leopard Street, Corpus Christi, TX. This proposal is based on the scope of work, referenced sketches, and unit p rice estimate. The project includes repair of fire damage and safety elements such as: Remove smoke damaged wall coverings Removelleplace smoke damaged insulation Seal existing structure to minimize smoke smell Replace failed electric and lighting service Provide new non -skid floor coating Replace damaged doors with new secure doors Patch existing exterior wall openings. Provide new shelving Provide dehumidified storage area Provide flammable storage locker Total cost for this work is: $ 49,912.31 Alternate 1: Additional Shelving 4,993.14 Schedule for this work: Mobilization within 15 day of T.T.P. and completion within days of commencement. Please contact me at (36l)-5330293 should you have any questions regarding this matter. Sincerely, :2/1( Bill Millar Project Manager Attachments: 1. Scope of work 2. RS Means Cost Proposal — summary and Detailed Estimate TAMU-CC Project Office 6300 Ocean Drive, Corpus Christi, Texas 78412 P 361- 825 -2591 : 361-825-2594 www.alphabuildin .corn CREATING ENVIRONMENTS WHERE GREAT THINGS CAN HAPPEN Attachment No. 1 Page 1 of Scope of Work Renovate Fire Damaged Storage Areas Annex Building Phase 1 Furnish labor, material and equipment to: DEMOLITION: 1. Move existing storage boxes to storage units during construction. 2. Remove 2 each exterior doors and frames 3. Remove 1 each garage door 4. Remove 3 each thru -wall air conditioning units 5. Remove 1 each window and frame 6. Remove existing wiring and panel board. Existing conduit to remain. 7. Remove existing wood paneling from interior walls 8. Remove partition wall between two front offices and 2 each partition walls at south -west corner of building, walls for existing grounds department storage area are to remain in place. 9. Cut opening in East wall near overhead door for new exit. 10. Remove existing exterior wall insulation INSTALLATION: 1. Patch existing 1x6 wood wall sheathing on interior walls where missing or removed for insulation replacement 2. Install loose fill insulation in existing exterior walls. 3. Frame and infill areas where window, air conditioners and one door was removed with 1x6 wood sheathing to match existing. 4. Paint board walls, ceilings, and floor with Kilz primer or similar product to cover existing smoke damage. 5. Paint floor with acrylic floor paint. 6. Install ceiling grid and lay-in ceiling in east wing only (approx 400s0 7. Install 1 each new exterior metal door, frame, and hardware. 8. Install new garage door. 9. Install new panel board for electric service. 10. Install 26 each 2x4 foot 4 tube fluorescent fixtures per lighting plan. Install new lights in ceiling grid in east wing. Hang remaining lights with chain 11. Install exit signs at exit doors. 12. Install approximately 100 if of 2x4 frame shelving, 3 foot wide.(unpainted) 13. Install 2 each portable, residential grade dehumidifiers in north east wing of building. Pipe condensate to existing bathroom drain. 14. Install new duplex outlets and switches in existing boxes. Attachment No. 1 Page2of 15. Patch stucco where doors, window, and air conditioners were removed, 16. Install new flan abler storage locker outside building near garage door or at location designated 17. Investigate source of minor lea in north -east wing and repair. NOTES: 1. All smoke damaged materials and insulation are NOT being removed. A distinct smoke smell will remain after this project i CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS :ity of Corpus Christi Ordinance 1 7112, as amended, requires all persons or firms seeking to do business with the City to #rovide the following information. Every question must be answered. If the question is not applicable, answer with NA". 'IRM NAME X41cna Bui1dinc Corporation _ ITREET: 24850 Bianco R . _ CITY: San An oni • T } xa ZIP: 78258 IRI is: 1. Corporation .i 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS f additional space is necessary, please use the reverse side of this page or attach separate sheet 1. State the names of each "employee" of the city of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm'. Name Job Title and City Department (if known) None, 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm". ". Name Title None 3, State the names of each "board member" of the City of Corpus Christi having an "o wnership Interest" constituting 3% or more of the ownership In the above named "firm ". Name Board, Commission or Committee None 4. State the names of each employee or officer of a "consultant" for the City of corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more of the ownership in the above named `arm ". Name None CERTIFICATE Consultant 1 certify that at information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person. Kathleen Acock iTitle. Prident (Type or Print) lanature of Certiflna Person: -- -. ate: AGREEMENT THE STATE OF TEXAS COUNTY OF NUE E S THIS AGREEMENT is entered into this 8TH day of M A Y , 2 07, by and between the CITY OF CORPUS CHRISTI of the County of Iuees . State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents uments as "City," and Ali Building _Corporation termed in the Contract Documents ents as "Contractor," upon these terms, performable in Nueces County. Texas: In consideration of the payment of $49,912.31 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: ENGINEERING TG ANNEX STORAGE BUILDING PHASE 1 RENOVATION PROJECT NO.4273 (TOTAL: $49,91231) 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 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 60 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. ATTEST: City Secretary APPRO •D AS TO GAL • By: Asst. City Attorney ATT T• /(If Corpora io LJ (Seal Below) (Note: If Person signing for corpora ti on is not President, attach copy of authorization to sign) s CITY OF CORPUS CHRISTI By; Ronald F. Massey. Asst. City of Public Works and Utilities By: nge ,�1 Escobar, P.E. Dir c t or of Engineering Services CONTRACTOR A.1 -ha B ildim ozpo a io n BY: &4 Title: e 6300 CEAN DRIVE (Address) CORPUS CHRISTI, TX 78412 (City) (State )( IP) 361/825 -2591 * 361/825-2594 Phone (Fax) AU IH ILL i:1hL w CO \ r�J'�T■ ' i L r i Agreement Page 2 of 2 SEC STATE OF TEXAS COUNTY OF NUE ES P E R F O R M A N C E BOND Bond No. 2063837 {NOW ALL BY THESE PRE SENT S : THAT Al ha Building Co Corporation of NUECES County, Texas, hereinafter called "Principal", and North American Special Insurance C mp , a corporation organized under the laws of the State ofNe } Jamp l lr .' 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 'RTC -NINE THOUSAND N NINE HUNDRED TWELVE AND _31/100 $ 9 , 1 t21 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 ly 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 8TH of MAY , 20 07 , a copy of which is hereto attached and made a part hereof, for the construction of: ENGINEERING ANNEX STORAGE BUILDING PHASE 1 R1OAT I oN PROJECT No .4273 (TOTAL: $49,912.31) 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 full 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 This bond is iven to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. 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. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS THEREOF, this instrument is executed in - copies, each one of which shall be deemed an original, this theme day of _ - 20 07 • PRINCIPAL Alpha Building Corporation (Print Name & Title ATTE Secretary 7 (Print i ame ) SURETY North American Specialty Insurance Company By: Akdi 1 ! orr PDT Atto n --in -fact Lawrence L. Rhodes (Print Name) The Resident Agent of the Surety in Nueces Count , Texas, delivery of notice and service o process is: Wm. Rigg Co. Lawrence L. Rhodes _ 1 '1 N. Caranchua, Suite 514 Corpus Christi, TX 78475 361-215-9076 Agency: Contact Person: Address Phone Number: (NOTE: Date of Performance Bond must not be prior to date of ntr ct) (Revised 9/02) Performance Bond Page 2 of for P A Y M E N T B O N D STATE OF TEXAS g. Bond No. 2063837 KNOW ALL BY THESE PRESENTS COUNTY OF NUECES THAT Alpha B ildin • Co .oration of NUECES County, Texas, hereinafter called "Principal", and North American Specialty Insurance Company a corporation organized under the laws of the State of I ew Hampshire 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 FORTY-NINE THOUSAND, _NINE HUNDRED TWELVE A ND 31/100 0121212.31.j 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 8TH day MAY , 20 7 , a copy of which is hereto attached and made a part hereof, for the construction of: ENGINEERING ANNEX STORAGE BUILDING PHASE 1 REN VAT I N PROJECT NO.4273 (TOTAL: $49,912.31) 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 tents of the contract, or to the work performed thereunder, or the plans, specifi This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material" i r as used herein are in accordance with and as defined in said Article. 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. 7.19-1, 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 30th day of May _ , 20 07 . PRINCIPAL Alpha Building Corporation adiPA 8 TNT e eo_1l /:k,ak:; _ Pres.ole_o_r _ (Print Name & Title) ATTES Secretary? (Print Nam ) SURETY North American Specialty In . ce Company By: Attorne -in -fact Lawrence L. Rhodes (Print Name) The Resident 'Arent of the Surety in T ces County, Texas, for de 2 ery of notice and service of xocess � Agency: Contact Person: Address: 11m. Rigg Co. lawrence L. ' o•e 11 N. Cararichuar Suite 514 Cor us Christi TX 78475 Phone Number: 361-215-9076 MOTE: Date of Payment Bond must not be prior to date of contract) (Revised 9/02) Payment Bond Page 2 of 2 CITY OF CORPUS DTI DEPARTMENT O NINE I 1 SERVICES P.O. B x 9277 CORPUS T I I TI, TEXAS 78469-9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Nay /N . Various Projects Surety Company: Ai 1a- � �[ J )k)'A1ZAtJC Cc). Gentlemen: 1 , AIAJ, 5 ( L, TiZ • (name of Wicer of surety) , hereby certify that the facsimile power of attorney submitted by lawr_en L, - r,_-_. .__ (At for a r. In-Fact ) for - (Contractor) , a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within•. seven • (7 • days thereof at the following address: City of Corpus Christi Department of ngineering Sexvices Attn: Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Signed this day of 2007. Sworn and oubscribed to 202,-/L. ``''. SHARON GRANT Notary Pub i , State of Texas ;, Mara' Commission rr E, Aires # 11, 44 � Maul l 30, 2011 (Revised 9/03) before_ me )?2,10?(2.. Name • JA(2-AJM (L I E. i Title - on this Notary Public State o, - r My Commission Expires: day of ATTACHMENT 1 OF NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW W AIL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: PAUL. A. YASILLI, JR., GEORGE M. STORM, JOHN DOOLEY TERRY WILLIAMS BLAINE ALLEN and SHARON GRANT JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on Behalf of each of said Companies, as surety. on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shalt exceed the amount of: TEN MILLION 10,000,0 .00 DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 241h of March, 2000: "RESOLVED, that any two oftlle President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached," By :+ SEAL : c'x Si lven P. Anderson, President & Chief Executive Officer or Washington International insurance Company & Vice President of Nrrrth American Specialty Insurance Company fili,;s„. 1 1973 4, i 0 //Oil I ii1100 By David M. Layman, Vice President of Washington International 1risnrance Company & Vice President of North American Specialty rnitur ance Company • � ;i114��rrf IIc0RP0ATE rt 4:03E6,14.0:isp, 41 SEAL c ZONA ♦����r #!t� #Ir��il Ltf� #�� �� IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to he hereunto affixed, and these presents to be signed by their authorized officers this 1 st day of August . 20 State of Illinois County of Du Page ss: North American Specialty Insuranc e Company Washington Internalinnai Insurance Company On this lst day of -- August 20 0 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Cotrpany, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL L" SUSAN ANSEL tstolay Putt c, &mot t1i•c My Cornminion Expires 7 208 I, ,tames A. Carpenter , the duly elected Assistant ( ecreta of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International insurance Company, which is still in full force and effect. Susan Ansel, Notary Public IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of_-__ , 2 . James A Carpenwr_ Vice Pre ideni & As mianr Secretary or vWa~shrngion International Insurance Company & North American Special r} insurance Company NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER F ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under= laws ofthe State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws ofthe State of Arizona and having its principal office in the City of Itasca. Illinois, each does hereby make, constitute and appoint: LAWRENCE L. RHODES, BRADLEY D. JOHNSON MARILYN CALHOUN and STEVEN E. WHITE JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature ofa bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This rower of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company al meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two ofthe President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of'Attorney to execute on behalfofthe Company bonds, undertakings and all contracts ofsurety, and that each or any of therr hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract ofsurety to which it is attached." biN By Sk+ ti *x ;�1�iF�rt�i coo 1 E Steven P. Anderson. President & Chief Executive Officer or Washington international Insurance Company & 1,1 121 Vice President of North American Specialty Insurance Compan} ARIZONA +: trAtt SEAL 1973 - i +urn TTyi 4;,i:irl4M Kele, iil ��� JII11 I41 By David M. Layman, Vice President of Washington International Insurance Company & Vice President orNorth American Specialty Insurance Company ��f= 1lFM�a #4k4ti���� IN WITNESS WI-IER DF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this l2th day of December , 2 • North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page On this 12th day of December 20 06 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. La rnrar:, _,__. Vice President of Washington Internatinal Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as o Moors of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL AL S c---,14_,A--12- WAN I ANSEL otpos., e rthois ,t Exor. s 7, 2C08 I, games A. Ca •enter , the duly elected Assistant Secretary _- _ - _ of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. s: Susan Ansel, Notary Public IN WIT NESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this 30th day of May '476 , 2007 James A. Carpenter, Vice President & Assistant Secretary or Washington International Insurance Company & North American Specialty Insurance Company IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGE, RIGHTS OR COMPLAINTS AT: 1- 800 - 252 -3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P.O. BOX 149104 AUSTIN, TEXAS 78714 -9104 FAX (512) 457 -1771 PRBMTUM OR CLAIMS DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY. THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. AQQMCERTIRCATE OF LIABILITY INSURANCE PRODUCER Wm. Rigg Co. - Houston 10777 Wertheimer Suite 300 Houston, TX 77042 -3454 Larry Rhodes INSURED Alpha Building Corporation 24850 Blanco Road Suite 200 San Antonio, TX 78258 iee 1-713-978-6668 DATE IMMIDDIYY f) 05/30/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE IN URERA: Travelers Indemnity Company of CT INSURER B: The Travelers Indemnity Company INSURER C: Travelers Lloyds Insurance Company INSURERD:Charter Oak Fire Insurance Com.any COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE P ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER GENERAL LIABIuT COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR EBL $1,000,000 GEM_ AGGREGATE LIMIT APPLIES PER : POLICY PR LOC C00324L15807 03/06/07 BA9994B612 03/06/07 03/06/08 03/06/08 AUTOMOBILE LIABILITY Ei ANY AUTO III ALL OWNED AUTOS III SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS TG604 68386 i T 604 68B86A V� DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS II.A.I. Project No 4273, Engineering Annex Storage Building Phase 1 Renovation I .A. . The City of City of Corpus Christi is named as additional insured on all Ge ; Liability policies. • GARAGE LIABILITY ANY AUTO EXCESSIUMBRELIA LIABILI`Y OCCUR CLAIMS MADE DEDUCTIBLE RETENTION #TION 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PF OPF IETORIPARTI ER}E ECUTNE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER EQUIPMENT FLOATER INSTALLATION FLOATER CUP546 B3 7 V UB9834C372 V 03/06/07 03/06/07 03/06/07 03/06/07 03/06/08 03/06/08 03/06/08 03/06/08 NAIC MINIUM EMI= .ICY PERIOD INDICATED. NOTWITHSTANDING -IIDH THIS CERTIFICATE MAY BE ISSUED OR CIS, EXCLUSIONS AND CONDITIONS OF SUCH LIMITS EACHOCCIRRElCE 1, 000, 000 ° PREM1 E Ea occu nce 300,000+ MED E{PAnr oreerson 55,000 PEI SON L &ACV INJURY 1. 000, 000 000, 000 PRODUCTS- COMPIOPAOO , 00a, 000 -- - COMBINED SINGLE LIMIT ' (Ea accident) $1,D00,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EAACCIDENT . ER THAI EA ACC $ OThI AUTO ONLY: AO , EACH OCCURRENCE F 3 , COO, OQO _ 3, 000, 000 X W STATU- O- H- TQ „ t E.L.EACH CCIDENT 1, 000, 000 E.L. DISEASE - E EMPLOYE£ 1, 0 0 0 , 00 O E.L. DISEASE - POLICY LIMIT 1, 0 0 0, 0 0 0 LEASED & RENTEO 100,000 ANY ONE PROTECT 3, 0 0 0, 0 0 0 eras. Liability and all Auto CANCELLATION (10 DAYS NOC FOR NON - PAYMENT OF PREMIUM) CERTIFICATE HOLDER Alp.a Jo. .141002 Digs of Corpus Christi, Engineering Services At n: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469-9277 T.ISA ACORD (2001/08) clocks 6286385 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD CORPORATION 1988 " Alpha Buil.c��ng Corporation � COMMERCIAL GENERAL LIABILITY POLICY NUMBER: CO0324115807 ISSUE DATE: 1/6/07 - 3/6/08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ,/ADDITIONAL 114$IJRED (CONTRACTORS) This endorsement rrrodlf s Insurance provided under the following: COMMERCIAL C3 N AL LIABILITY COVERAGE PART COlvIMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Corpus Christi Engineering Services AT TN: Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 PROJECT/LOCATION F COVERED OPERATIONS: Various Projects for City of Corpus Christi 1. WHO IS AN INSURED - (Section Ii ) is amended to Include the person or organization shown in the Schedule above. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by *your work" for that additional insured at the location shown in the Schedule. 2. The insurance provided to the additional insured is limited as follows: a) In the event that to limits of liability stated In the poky exceed the limits of Viability required by a written contract or vtten agreement in effect during this ?olicy period end signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits of liability rquired by such corxtract or agreement. This endorsement shall not In- crease the limits stated in Section ill - LIMITS OF INSURANCE. b) The insurance provided to the additional In- sured does not apply to °bo ffy Injury', °prop- erty damage'", "p ;rsonel injury" or "advertising injury" arising out of an architect's, engineer's CG 02 47 10 02 or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, charsge orders, or drawings and specifi- cations; and I1, supervisory or inspection ativilies per- formed as pact of any related architectural or engineering activities, c) This insurance does not apply to "bodily in- jury' *or 'sproperty damage" caused by your wor C included in the produ s�completed operations hard" unless you are required to provide such coverage for the additional in- sured by a written contract or written agree- ment in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such con- tract or agreement and In no event beyond the expiration date of the policy. 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Season 1 Coverages) does not apply to you If the "bodily Copyright, The Travelers indemnity Company Page 1 of COMMERCIAL GENERAL LIABILITY injury' or "property damage arises out of your work" performed on prr rises which are owned or rented by the addition' Insured at the time your work" is performed. 4. Any coverage provided by this endorsement to an additional Insured she be excess over any other valid and oollectlbie insurance available to the additional Insured whether primary, excess, con - tingent or on any other basis unless a written contract or written agreement in erect during this policy period and signed and executed by you prior to the loss for which coverage Is sought specifically requires that this insurance apply on a primary or non-contributory basis. When this in- surance is primary and there is other Insurance available to the additional insured from any source, we will share with that other insurance by the method described h the policy. 5. As a condition of coverage, each additional insured must: a. Give us prompt written notice of any 'occur - rence' or offense which may result in a claim and prompt written notice of `suit ". b.) immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply wi th policy conditions. c.) Tender the defense and indemnity of any claim or msutt" to any other Insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against" refers to any self - insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of Insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. Bradley D. Johnson Vice President Page 2 of 2 Copyright, The Travelers Indemnity Company CO 02 47 10 02 Al rya Building orporatio COMMERCIAL AUTO POLICY NUMBER: : . ;i 9 12 ISSUE DATE -6 -07 to THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY f DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS E COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provi- sion of the Coverage Form, This endorsement does not alter coverage provided in the Coverage For, SCHEDULE Name of Parsons or Organization(s): City of Corpus Christi Engineering er ices ATTN: Contract Administrator P.O. Box 9277 Corpus Christi, Ti an 78469 -9277 (If no entry appears abo+vcY, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is en *insured" for Liability Coverage, but only to the extent that person or organizstion qualifies as an "Insured" under the Who is An Insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Bradley D. Johnson Vice President Copyright, insurance Services Office, Inc., 1998 Page 1 of 1 hi/ Alp ha Building Corporatiort POLICY NUMBER: C00:124L15807 ISSUE DATE: 7 - 3/6./08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY EARLIER NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US - TEXAS This endorsement modifier, insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE C COMMERCIAL GENERAL. LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART — CONTRACTORS COMMERCIAL If LA 1 MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME COVERAGE PART DELUXE PROPERTY COVERAGE FORM EMPLOYEE BE1T LIABILITY COVERAGE PART EXCESS (FOLLOWING FORM) LIABILITY INSURANCE FARM COVERAGE PICT LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS S AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE CANCELLATION: (umber of Days Notice: WHEN WE DO OT RENEW ( onrenewet ): Number of Days Notice: NAME: City of Corpus Christi Engineering Services ADD RESS: .T T I: Contract Administrator P.O. Box 9277 Corpus Christi, i, Teas 78469 --9277 A. For any statutorily p= rmitt d reason other than nonpayment of premium, the number of days e- uired for notice of cancellations as provided in the CONDITIONS SecYron of this Insurance, or as amended by any applicable state cancellation endorsement applicable to this insurance, is n creased to the numl :)er of days shown In the SCHEDULE above. B. For any statutorily prmitted reason other than nonpayment of premium, the number of days e- quired for notice of When We Do Not Renew Nonrenewal, as provided in the CONDITIONS Section of this Insurance, or as amended by any 30 (Thirty) 30 (Thirty) f applicable state When We Do Not Renew #onrenewat) endorsement applicable to this n- uran e, is Increased to the number of days shown In the SCHEDULE above. C. We will mail notice of cancellation or nonrenewat or material limitation of those coverage forms to the person or organization shown In the schedule above. We will mail the notice at least the Nu m- ber of Days indicated above before the effective date to our action. Bradley D. Johnson Vice President IL FO 09 a Copyright, The Travelers Indemnity Company, 1998 Page 1 of 1 . ha Building Corporation ' COMMERCIAL AUTO POLICY NUMBER: BA 9994B611 ISSUE DATE: 3 - 6 - 007 to 08 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION This endorsement mod freit insurance provided by the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FM TRUCKERS OVU AG FORM J t Name: Address: J SCHEDULE City of Corpus Christi Engineering Services ATTN: Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469 -9277 2. Number of Days Notice. (Thirty) j Of no entry appears above, in ormatlor' required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS We will mail notice of cancellation or material limitation of these coverage forms to the person or organization shown above. We will mall the notice at least the Number er of Days indicated above before the effective date of our action. Bradley D. Johnson Vice President CA T3 25 09 99 Page I of 1 WORMS COMPEUSATION AND 'EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 d. 7-84) X12 NOTICE OF MATERIAL CAGE 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 can ela i m or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the "ledule . This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule Schedule 1. Number of days advancQ notice: 30 2. Notice will be railed to: City of corpus Christi Department of Engineering Services Attn: Contract Administrator P.o. Box 9277 Corpus Christi, TX 78469-9277 j This endorsement char es t o policy to which it is attached and is effective on the date issued unless otherwise ise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the . policy.) Endorsement Effective 3-6-07 to PolicY No. UB9831407 3-6-08 Insured Alpha Building Corporation Insurance Company Trav 1, rs Lloyds C9untersigned By: Insurance Company si C 42 06 xne (Printed): Bradley Johnson ndorseme No. .6,41 (Ed. 7-84) Title (Printed) : Vice Presidrst ATTACH 3 • 3 OF 3 GENE ENDORSEMENT Name of ens r or organization insured _ - Alpha Building orp ration Date this endomement takes effect 3/6/07 t Endorsement Number T6066 to Policy Number Policy nd 4g11: Installation Floater ,/ Name &Company issuing this . I . r1 _ �.. . �a (We will not nil In the above unless we issue this endorsement after we issue your policy) In consideration of no change in premium, add the following as an additional insured: City of Corpus quisti: Department of Engineering Services P.O. Box 9277; Attn: Contract Administrator Corpus Christi, TX 78469 -9277 Should the above described policy be cancelled or materially r changed before the expiration date thereof, the issuing company will mail 30 days written notice to the above named. Signature: - - KK-GLOO 1 Authorized Agent Bradley D. Johnson Vice President ATTACHMENT 4 1 of 1