The URL can be used to link to this page

Home My WebLink AboutC2007-334 - 10/9/2007 - Approvedat4: 2007 -334 10/09/07 M2007-258 Van Fleet Construction S P E C I A L PROVISIONS SPECIFICATIONS A N D FORMS OF C O N T R A C T S A N D BONDS FOR PARKDALE LIBRARY RENOVATIONS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 DRAWING NO: PBG 712 07117/07 } S P E C A L P R V S N S S P E C I F I C A T I O N S A N D FORMS C N R A C S A N D B N D S FOR PARKDALE LIBRARY RENOVATIONS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 PROJECT NO: 4336 \■ V = 1/1L 07/17/07 ti Project #4336 DA0628 Parkdale Library Renovations PARKDALE LIBRARY RENOVATIONS Table of Contents NOTICE TO BIDDERS NOTICE TO CONTRACTORS - A Insurance Requirements NOTICE TO CONTRACTORS - 13 Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions kand Abbreviations A -3 Description of Project A-4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A -9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A -16 Disposal Salvage of Materials A -17 Field Office A -18 Schedule and Sequence of Construction A -19 Construction Staking A-20 Testing and Certification A-2-1---Projeet-Signs-NOT USED A-22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised 7/5/00) A -4 Surety Bonds o LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract A ward 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 TABLE OF CONTENTS 1 OF 6 Project #4336 Parkdale al Library Renovations A -34 Precedence of Contract Documents • A-36 Other Submittals (Revised 9/18/00) 11 NOT USED A-38 A-39 A-40 it NOT USED Worker's Compensation Coverage for Building or Construction Projects for Government Entities Certificate of Occupancy and Final Acceptance Amendment to Section B-8-6: Partial Estimates DA0628 NOT USED A -42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) NOT USED NOT USED A-48 A -49 Overhead Electrical Wires (7/5/00) Amend "Maintenance Guaranty" (8/24/00) PART B PART C R PART T GENERAL PROVISIONS FEDERAL WAGE RATES AND REQUIREMENTS SNOT USED) TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 01100 0 1200 01300 01330 01400 01500 - 0100- 01700 - - SUMMARY - PRICE AND PAYMENT PROCEDURES -- ADMINISTRATIVE REQUIREMENTS SUEIIITTAL PROCEDURES - QUALITY REQUIREME TS TEMPORARY FACILITIES AND CONTROLS PRODUCT REQUIREMENTS EXECUTION REQUIREMENTS DIVISION 2 - SITE CONSTRUCTION 0 112 - CLEARIN G, GRUBBING AND STRIPPING 02210 - STRUCTURAL EXCAVATION AND BACKFILL 02226 - PIPE TRENCH EXCAVATION AND BACKFILL 02228 - SITE EXCAVATION AND FILL 02245 - COMPACTED EMBANKMENT 02380 - CAISSONS 02508 - CONCRETE SIDEWALK 02523 - REMOVING AND REPLACING PAVEMENTS, CURB AND GUTTER AND SIDEWALK 02618 - PVC PIPE AND FITTINGS FOR ROOF DRAINS 02619 - INSTALLATION N F ROOF DRAIN PIPE 02861- LANDSCAPING DIVISION 3 - CONCRETE TABLE OF CONTENTS 2F Project #4336 IDA0628 Parkdale Library Renovations 03100 — CONCRETE FORMWORK 0321 1 -- REINFORCING STEEL 03300 — CAST -1N -PLACE CONCRETE 03350 — CONCETE FINISHING 03390 — CONCRETE CURING DIVISION 4 — MASONRY 04812 — GLASS MASONRY NRY ASSEMBLIES DIVISION 5 — METALS 05210 — STEEL JOISTS 05310 --- STEEL DECK 05400 — COLD - FORMED METAL FRAMING 05500 -- STRUCTURAL STEEL 05501 — METAL FABRICATIONS 05510 — METAL STAIRS AND LADDERS 05520 — HANDRAIL AND RAILINGS 05810 — EXPANSION JOINT COVER ASSEMBLIES DIVISION 6 — WOOD AND PLASTICS 06105- CARPENTRY WORK (for Roofmg) 06112 — .FRAMING AND SHEATHTNG 06200 --- FINISH CARPENTRY DIVISION 7 — THERMAL AND MOISTURE PROTECTION 07110 — DAMPPROOFING 07160 — UNDERSLAB VAPOR BARRIER 07213 — BATT INSULATION N 07250 — WEATHER BARRIERS 07550 — MODIFIED BITUMINOUS MEMBRANE ROOFING 07620 — SHEET METAL FLASHING AND TRIM 07900 — JOINT SEALERS DIVISION — DOORS AND WINDOWS 0 114 — STANDARD STEEL DOORS 08115 — STANDARD STEEL FRAMES 08212 — FLUSH WOOD DOORS 08333 — OVERHEAD COILING DOORS 08410 — METAL FRAMED STOREFRONTS 08710 — DOOR HARDWARE 08800 — GLAZING DIVISION 9 — FINISHES 09205 — FURRING AND LATHING 09220 — PORTLAND CEMENT PLASTER 09260 — GYPSUM BOARD ASSEMBLIES 09300 — TILE TABLE OF CONTENTS 3 OF 6 Project #4336 DA0628 Park ale Library Renovations ovations 09510 - ACOUSTICAL CEILINGS 09650 - RESILIENT FLOORING 09720 - WALL COVERING 09900 - PAINTS AND COATINGS DIVISION 10 - SPECIALTIES 10170 - PLASTIC TOILET COMPARTMENTS 10440 - SIGNAGE 10800 - TOILET ACCESSORIES DIVISION 11 - EQUIPMENT 11132 - PROJECTION SCREENS DIVISION 12 - FURNISHINGS 12493 - HORIZONTAL LOUVER BLINDS DIVISION 13 - SPECIAL CONSTRUCTION DIVISION 14 - CONVEYING SYSTEMS (ALTENATE BID #2) DIVISION 15 - MECHANICAL 15010 - MECHANICAL GENERAL PROVISIONS 15020 - STARTING OF SYSTEMS 15030 - MECHANICAL DEMOLITION 1 5058 - ACCESS DOORS 15060 - HANGERS AND SUPPORTS 15075 - MECHANICAL IDENTIFICATION 15080 - MECHANICAL INSULATION 15130 - PUMPS 15140 - DOMESTIC WATER PIPING 15150 - SANITARY WASTE AND VENT PIPING 15190 - NATURAL GAS PIPING 15410 -- PLUMBING FIXTURES 15 515 - STEEL WATER TUBE BOILERS 15575 - FLUE GAS PIPING 15671 - AIR COOLED CONDENSING UNITS - CUSTOM 15720 - AIR HANDLING UNITS -- CENTRAL STATION 1521 -- AIR HANDLING UNITS - CUSTOM 15810 - DUCTS 15820 - DUCT ACCESSORIES 15830 - FANS 15850 - AIR OUTLETS AND INLETS 15860 AIR CLEANING DEVICES 15990 TESTING, ADJUSTING, AND BALANCING DIVISION 16 ELECTRICAL 16010 - SPECIAL PROVISIONS FOR ELECTRICAL WORK TABLE OF CONTENTS 4 OF Project #4336 DA0628 Parkdale Library Renovations 16100 - ACCESS DOORS 16110 - RACEWAYS 16111 - CONDUIT AND FITTINGS 1 120 - WIRE AND CABLE - 600 VOLTS AND UNDER 16131 - JUNCTION AND PULL BOXES 16134 - OUTLET BOXES 16140 - WIRING DEVICES (NYLON) 16144 - SURFACE METAL RACEWAY 16146 - DIMMING (LEVITION) 1 150 - MOTORS, CONTROLLERS AND ELECTRIC POWERED EQUIPMENT 16170 - DISCONNECT SWITCHES 16190 - SUPPORTING DEVICES 16450 - GROUNDING 16476 - FUSES 16501 - LIGHTING FIXTURES 16603 - EMPTY RACEWAY SYSTEMS 16611 - TRANSIENT VOLTAGE SURGE SUPPRESSORS 16910 -- TEMPERATURE CONTROLS LIST OF DRAWINGS 1. TITLE SHEET 2. ACCESSIBILITY NOTES 3, SITE PLAN 4. FOUNDATION PLAN, SECTION DETAILS GEN. ST CTU AL AND FOUNDATION NOTES 5. STRUCTUAL NOTES, FRAMING PLAN AND SECTION DETAILS 6. MISC. NOTES & STRUCTURAL DETAILS 7. DEMOLITION PLAN AND DETAILS 8. FIRST FLOOR PLAN 9. MEZZANINE PLAN AND DETAILS 10. ENLARGED PLANS AND DETAILS 11. ENLARGED PLANS AND DETAILS 12. EXTERIOR BUILDING ELEVATIONS 13. BUILDING SECTIONS 14. WALL SECTIONS 15. SCHEDULES AND DETAILS 1 6. INTERIOR ELEVATIONS 7. REFLECTED CEILING PLAN 1. FURNITURE PLAN 19. MECHANICAL NOTES AND SYMBOLS 20. MECHNICAL DEMOLITION PLAN 21. MECHANICAL PLAN 22. MECHANICAL ENLARGED PLANS 23. MECHANICAL SCHEDULES 24. MECHANICAL DETAILS 25. PLUMBING NOTES AND SYMBOLS 26. PLUMING PLAN 27. PLU vI ING SCHEDULES 28. PLUMBING DETAILS 29. ELECTRICAL NOTES AND SYMBOLS TABLE OF CONTENTS 5 OF 6 Project #4336 IDA0628 Parkdale Library Renovations 30. ELECTRICAL DEMOLITION PLAN 31. POWER AND SIGNAL PLAN 32. LIGHTING PLAN 33. FIRE ALARM PLAN 34. ELEC. SCHEDULES AND DETAILS NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TABLE OF CONTENTS 6 OF 6 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: PAREDALE LIBRARY RENOVATIONS which consists of the construction of a new ,000-square foot addition to the existing library building as well as general interior and exterior renovations including but not limited to the replacement of floor and ceiling finishes, new lighting fixtures and the painting of wall surfaces; together with all appurtenances and associated work in accordance with the plans, specifications and contract documents; and will be received at the office of the City Secretary until 2;0 .m, on Wednesday, August i , 2007, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for Trsda, gust 2, 20 A. i. \ The pre -bid meeting will be conducted by the City, and will convene at the En • inee in * Services Main Conference Room 3'1 Floor, Cit Hall, 1201 Leo • and St eet , o us Christi , Texas. A bid bond in the amount of of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of F . t and no /x.00 Dollars ($50.00) as a guarantee of their return in good condition wi NOTICE TO CONTRACTOR$ - 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 NaNIMCJM INSURANCE COVERAGE 30-Day y 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 . Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON-OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' . COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT 0 REQUIRED X NOT REQUIRED BUILDERS' RISK See Section -� -11 and Supplemental Insurance Requirements X REQUIRED 0 NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section -- --11 and' Supplemental ' t Insurance Requirements 0 REQUIRED X. NOT REQUIRED Page 1 of 2 O The City of orpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. O The name of the Project must be listed under "description of operations" on each certificate of insurance. O For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (3 0) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements , please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TOCONTRCTQRS - RK^RTS CO FENSATION COVERAGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR C VE NM NT ENTITIES Texas law requires that most contractors, subcc: r actors , and others providing work or services for a City building or construction prof: c :gust be covered by worker's compensation insurance, authorized self ` i : sur nc , or an approved worker's mpen a► t : cn coverage agreement. Even if 'eas law does not require a contractor, subcontractor or others performing project services (including deliveries to the job site) : o provide 1 of the 3 forms of r r e r' s compensation coverage, the City will require such coverage for all individuals provid ing work or services on this Project at any time, including during the mainzenance guaranty period . Motor carriers which are required to regiszer with the 'Texas Department of Transtiortation under Texas Civil u es. Article 6675c, and .which provide accidental insurance cover c.e under Texas Civil Statutes Article 6675c, Sec io need not provide 1 of the 3 forms of worker's compensation coverage. The Contractor agrees to comply y with all applicable provisions of .Texas A m strative 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 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; the Contractor is _ required .to submit tio 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 Prof ect ; and ? the contractor is required to post the re ruired notice at the job site By signing this Contract, the Contractor certifies that i s will timely comply with these Notice to Contractors "B" requirements. • NOTICE 70 CONTRACTORS - B (Revise 1/13/98) Page 1 of 7 8/1/7a L .1 J Title 28. Part IL T AS ORKERS' COMPENSATION COMMISSION Chapter 1 0. R D r:RED NOTICES COVERAGE Subchapter B. EMPLOYER ' ` CES 110.110 Reportinz _Requirements for Building or Construction Projects for Govenamentai Entities (a) The following words and terms, when used in this rule, shad have the following mans, unless the context dearly indicates otherwise. Terms not defined in this rue shad have the me3ning defined in the Texas Labor Code, if so defined_ (I) of coverage ee: ei-. copy-of a certificate of insurance, a certificate of authoriw to self -insure issued by the cress on, or workers' compensation coverage agreement TWCC --S 1, TWCC , T vCC- -S , or T CC-S , showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage- ae ree en providing x secs on a project, for the duration of the. project. (2) or construction --Has the mea. ing defined in the Tex2S Labor Code, § . (3) Contrzczor—A person bidding for or aided a buildine �r construction project by a governmental entity. . rt Coverage—Workers' compensation insurance meeting t. e statutory requirements of the Texas Labor Code, § 0L0 1(44). Coverage zereement—A written actreernent on form TWCC-81, form ACC -8 , form C -8 , or fort ACC - 3 , filed with the Texas Workers' Compensation Commission which establishes a relationship between the panics for .purposes of the "e ,s Workers' Compensation Act, pursuant to the Texas Labor Code, Cha p ter 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 Duration of the project—Includes the time from the beginning o f work on the project one the work on the project has been completed 2.r id accepted by the governmental entity. (7) Persons prpvidinz services on the project "subcontractor" it § 406.096 of the Act)—With the exception of persons excluded under subsections (h) and i of this section, includes all persons or entities performing all or part of the services the contractor .has undertaken to perform on the proect, regardless ofwhether that person contraczed directly with the contractor and regardless of whether that person has employees. This inciudes but is not limited to in c e: d nt contractors, subcontractors. leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any emity :r shing persons to perform services on the project. "Services'* includes but is not ''rte NOTICE To CONTRACTORS - 2 Revised 1/13198) Page 2 of 7 http: te r. sus_ state. :.us tac/ 8 I i O /1 l .1 I o.html 8/7198 to : - :: r * pr .. -:g.:.z in , r dei:verin equipment or m :°r: # s. r : r ridin labor, service : :a: z 'o a roject 'Services' does not c . ct ivies unrelated to the rot li ...s 4 �.�� ..rte.. �..•�..�►*. #.. �� ♦��.. .+s is *..� �� "7 l i yes Y ? vendors, oEcc sucpiy deliveries, +d delivery of portable toilets. (8) o e L** Iud s the Pro Aision of all services rziated to a buildinz or construction co :z; act for a governmentai entity. Provia :z or causing to be provi II it l i -r 1 r corm-actor shall: provide coverage for its empioyees providing services on a project, mac: the duration of the project ,.es d on proper reporting of a a � .ca n codes and pa,!,-roil amounts : c. ....1.7. of any coverage a r rn nt ; (2) provide a certificate of coveraze showing workers' compensation coverage to the governmental entity prior to beginnbe work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new ceriificate of Coverage showing extension of cover e, if the coverage a period shown on the contractor's current certificate o ' coves a ends during the duration of the project; . obtain from each person provide service on a project, and provide to the sovernmenta entity: a cert cafe of cove, prior to that person beizinning work on the project, so the governmental entity will have on file certificates o coverage showine coverage for all er sons providing. services on the project; and (3) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if tl c cover t period shown on the ant coca e o coverage , } _ rids duns the duration of the project; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor er or should have blown, of any change that materially affects the provisi—on of coverage of any person providing services on the project; post a notice on each project site informing ad persons providing services on the _project that they are required to be covered, and stating how person inay verify vent COVerRiZe and report failure to provide coverage. This notice does not i . other posting requirements imposed by the Act or other commission rules. This notice must be printed -with a tie in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The lay requires that each person working on this site or providing services related to this construction project must a covered by workers' compensation insurance. ris includes persons providing, haulin , or delivering equipment or materials, or providing or or trans ofation. or other service related to the project, regardless of the identity of their employer or status as an employee." e." "Call the Texas Workers' Competition Commission at 1 2440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." :tt : WW.5Os.state_t r. s t c I 0/B/I 10.1 I _ txnl NOTICE M TO CONTRACTORS - 8 Revi3ed 1/13/993 Tulle 4 of 7 8/7/98 1 1,0 IPA, iv. iv 7 • (8) contracamilv require ezch nerson with whom it ontr:s 7:ovide services C: a project to: provide D�� based proper ��of`' n of ass]fiaof codes arid payroll amounts and filine of any coveraae arc.. +.enw for i. of Otis empicyees providini.:-.. �. of the project; (13) progiride a e of coverage to the contractor prior to that person beginning = work on the ■ proe 7 i * services cn the roe e i ngua a subset iC o s (C) i�u all contracts to provide section; ` • �- to of over Period, new r'Cl� :° I coverage rovlx �ontl`�.� � pno�` � the �- ' �` -�� vera { .. • .. .� cnrret eaac�.�e of � g showing extension r coverage, : coverage period shown ends durina the duration of the project; (E) obt from ou each other with whom contracts, and provide to the contractor: �- other person ��'^.� work the pre ; �. (i) certificate of covre� prior to the .� new certificate of oveae how e::e�xt f the (ii) prior to the end to ce�e period, a #� ,. ends coverage period shove o the current certificate of coverage ends ur ng the coverage pex�o �f the �. duration.of the project; ""`e coverage on file for the duration of the project mid for one year (F) retain all required certificates o� o there notify the governmental entity in writing by certified or personal delivery, vrithin ten Sys after the person knew or should have wn, of that materially affects the provision of coverage of any person providing services on the project; and on with whore it contracts, to perform as required by (fi) cor�rcua�Iy require each other per's . subparagraphs o this with the erticat o coverage to be provided to the person for whom they are providing seivices. (e) A person providing services on a project, than n a contractor, sue= • " '' � ervices on project, for the duration of the project (1) provide coverage for its employees prove ng s of roper re ott of classification codes axed payroll amounts and f� of any coverage based proper p agreements; to of c vera a as required its contract to provide services the project, provide certificate o �. by prior to beaming work on the project:, ` services on the project "By sing this (3) have the following language in its contract to provide F _ .. causing d a certificate of coverage, the person sing this contract or providing or ��n to be provided .. . entity that all employees of the person sis this contract is representing to the governmental `nt�t�y will � � coverage contract who will provide services �n the project will a covered by workers compensation o ,� h "'. . o . . . t _US/Uk 8/11/ 1 l.1 .1 _ uni NOTICE TO CONTRACTORS -- B Revised 1 13 9O) Page 5 cf 7 8/7/98 for thc ^:ration of : project, that the CC.:Vera2C will be i.-..dased on proper reporting of classification codes an a r o amounts, and that al duration of the contract: (1) r era � 'l required ,.:s f coverae ors for the duration f t ' project and r one year t thereafter, (G) notify the 2overnmentzi entity in writing by certified nail or personat delivery, within ten days aver the person knew or should have known, of any change that materially affects the provision of s sr coverage of any person proving services on the project; and contractually require each person with whom it contracts, to perform as required by this - subparasubparagraph and sub ara rap s G of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. provision o this rule or its application to any person or cir �c is held invalid, the (f) � y . p invalidity does not affect other provisi PART A SPECIAL PROVISIONS Eptlnation_9f Proposal Base Bid: Construction of a new 2,000 square foot addition to the existing library building as well as general interior and exterior renovations. Additive Alternate Bid Item #1: Replace exterior windows and storefront with impact- resistant windows, doors and frames. Additive Alternate Bid Item #2 Construction of new book-lift shaft and machine room. Provide and install new book-lift. Additive Alternate Bid Item #3 Addition of new fire alarm system. Provide and install new full coverage smoke detectors, pulls and alarms. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with Proposal The following items arm ui e to be submitted with the proposal: 1. 5% Bid Bond must reference Par dale Library Renovations Pr jet_. No, 4336 as ,identified in the Proposal) A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests statement A76_ Time o or►lnLiquidaerl Damages. The working time for completion of the Base Bid will be 180 calexdar days. If Additive Alternate Bid Item #1 is accepted, working time shall be increased by 15 calendar days. If Additive Alternate Bid Item #2 is accepted, working time shall be increased by 30 calendar days. If Additive Alternate Bid Item #3 is accepted, worki A-7 Workers Com -ensa ion Insurance Covera e If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section F3 -2 of the General Provisions. A-9 Acknowledgment_ of _Add nda 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. 71 9_we s (Revised 7/5/00) Labor preference and wage rates fore din. In casc of conflict, Contracte I Minimum Pre rail.i.nc The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.0O) 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. Section A - SP (Revised 12/15/04) Page 3 of 21 The Contractor will make bi- weekly certified payroll submittals to the City Engineer, The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerni Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and rent ediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction .of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and * Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause mi A -1 Di i.v a 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 -i7 Field Office The Contractor must furnish the City Engineer or his representative with a field office at the construction site. The field office must contain at least 120 square feet of useable space. The field office must be air - conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 24-hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. A-18 Schedule aid a ence f Construction 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 ( ) 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 Sthedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show - -- - - -- -- -- actual progress of each stage by percentage against initial Schedule. A-19 - Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. Section A - SP (Revised 12/15/04) Page 6 of 21 If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. a-and manholes, both existinq anee with the Contract Docu e ; i , a,.,a, .,, -.;a by a Tyra -r Party R . P . . . ahel compliance to - *,* Following is th Streets: ZZ uircd: f circumfereece Wastewater: 4. All ri t/ inve - ,-.v ono -- at - -mhol s ; a • _ .. . _ • _ -in manholes; Water-: 4---r All top of vat e-&---be- ; Stormwater: - l intcrc cti 14.-20 Testing c axxrl 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-2I Project Signs (Not Used) Section A - SP (Revised 12/15/04) Page 7 of 21 A-22 Miporitynvlinority Busiricipation Poll (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. I inorit, _._ usiness Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Slacks, 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) rust collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. Section A - SP (Revised 12/15/04) Page 8 of 21 e. Female Owned Business Enter rise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by inorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 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. A-23 Inspection Re • ired (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 after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. 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 mete • fees and tap fees as required by City Section A - SP abavised 12/15/04) Page 9 of 21 A-24 Surety Bonds Paragraph two (2) of Section 8-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capita, and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Swiss Tax Exemption (NOT USED) caption Provision, la- of Telma: Gheigee" in the prop Ine-tho Projot . -- permits from-the State- Comp l--r , 11 PrC T c_ .er,r,, .-, r-,.-.,. i- i it s to suppli rs. r pocal- Ar 1„ _ :4- 4.7.1 f__.t.h,-ti C"ntector door -- Y Y � ,tantiatc the ubc . ntrp e -.. s are cigilaae for saleo tax exemptions if nt The - c ntractor . Y' • e.+-. � f i ca t o •i• •.mil i Section A -- SP (Revised 12/15/04) Page 10 of 21 A-26 Supplemental Insuraast_Eta9lEtatat2 For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior w ritten notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to. the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty ( ) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty ( 0) 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 - -6--11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Respib'i .it for Dame Claims Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide Builder's Risk insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk 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 1 A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least fire (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements 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 assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. Section A - SP (Revised 12/15/04) Page 12 of 1 A-30 Amen ed "Consideration of ontract" Re irements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five ( ) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said re quirements 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-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisi ns A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five 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 names and Title (s) of individual(s) authorized to execute contracts on behalf of said entity. Section A - SP (Revised 12/15/04) Page 13 of 21 A-31 Amended Po].i on E tr Work and_Change Orders Under "General Provisions and Requirements for Municipal construction Contracts" 8-8-5 Polio on- Extra Work and hanc e _Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has n o obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to 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 Contrast Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 Clt Water Facilities: •ecial Re irements 040T USED) A. Visitor cont- t —G ent , ton s, a,e -en- 'actors, and each of their employees must have on thcir person----a- valid card certifying thcir prior attendance -- - a 4 e,- ooractor Safety orientation Program condutod- b- the -city Water-DepeT-tment Pcrconnel. A Viitor /contractor Safety Orientation t o h - ,crsons who do not have - such a cird, -and - -who -�i--r-e—t efer to Attachment -1 -.' Section A - (Revised 12/15/04) age 14 of 21 T.Z a #- r..v- D Departmcnt to plot et -"tie All ]rya t ri a 1 c_.. - n mc]n uscd in- - - Z. • -Z v work---a -.` - tr't t 0. Y i t r w � w w Section A - SP (Revised 12/15/04) Page 15 of 21 control system—meet—be - cNalibrat=ing,---o ` -- a tcwa o -i Qt- ZZ r s _ F Y t Engi facility--within n" 0 rt 119 ; -- the Pro j ' i t e-m., ; l t a .: f ,- not practica 1 the product of -one - , A-36 Other Submittals 1. shoes 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 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. 1 Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. 3 Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three ( ) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. Section A - SP (Revised 12/15/04) Page 17 of 21 A-37 Amended "Arrangement and Char .e for Water Furnis12,211.41e CI= NOT USED A-38 Worker ' Coma ensation Coverase for B ►ildin. or Construction Projects for Government Entities The requirements of "Notice to Contractors ' B i " are incorporated by reference in this Special Provision. A-39 Certificate of oupanay and Final .ce•tance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-8-9. A-40 Amendment to Section B-8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -1 ozone Advisory NOT USED unIt-pxicc indicated -- n th - proposes A -4 OSHA Rules la ions 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, materialrnan, or their officials, employees, ,agents, or consultants. Section A - SP (Revised 12/15/04) Page 18 of 21 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, inju ry, 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) 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: (a) (1) on ontal and vertical dimensions due to substitutions /field changes. ( ) Changes in equipment and dimensions due to substitutions. . (3) "Nameplate" eplate" data on all installed equipment. (4) Deletions, additions, and changes es to scope of work. (5) Any other changes made. A-46 Dis osa . of f hl,ori ed water (7/5/00) NOT USED The-Contractor-shall-be responsible for manner. Contaminants in the water cd for disinfection, and may oxceed the permissible 1 i s- -- for -cis r c into w lands or environmentally sen tIve - arcas . These - arc regulated -by -- rcquircment s - r -used in the prof eet . 'e the City for approval.. There shall—be T oc a ..,te- pay for disposal of highly chi A-47 on Pre- uc ion Exploratory Excavations (7/5/00) NOT USED and- -heri ontal 1 Far-existing pipelines which -- parallel pipelines t- a- rmaximum- of - 3O0 -feet - . horizontal- and vertical locations of- ter' ZZZ xcavatc and expose said exiting ee Section A - s (Revised 12/15/04) Page 19 of 21 report A -48 Overhead Electrical Wires e (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CPL and inform CPL 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 Guarant , 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." Section A - SP (Revised 12/15/04) Page 20 of 21 SUBMITTAL TRANSMITTAL FORM PROJECT : PARKDALE L IBRARY R I O `ATIC S ; PROJECT NO . 4 33 6 OWNER: CITY OF CORPUS CHRISTI ARCHITECT: Dykema Architects, Inc. SUBMITTAL DATE APPLICABLE SPECIFICATION OR DRAWING SAX T TAL NUMBED SUBMITTAL Section A - SP (Revised 12/15/04) Page 21 of 1 PART C FEDERAL WAGE RATES AND REQUIREMENTS Page 3 of 3 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 requestor 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. Department 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. gov/ wdollseafiles /davisbacon/`I'X63.dvb 7/19/2007 General Decision Number: TX070063 05/18/2007 TX63 Superseded General Decision Number: TX20030063 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 2 05/18/2007 BRTX0001 -005 05/01/2007 Rates Fringes Bricklayer $ 20.00 6.50 * ELECO278 -001 08/27/2006 Rates Fringes Electrician $ 18.45 4.75 +796 IRON0066 -002 01/01/2003 Rates Fringes Ironworker $ 16.10 4.65 PAIN0130 -001 07/01/2005 Rates Fringes Painter $ 15.15 4.42 SUTX1987 -002 03/01/1987 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: Fringes rage 1 of 3 http://www.wdol.gov/wdoliscafiles/davisbacon/TX63.dvb 7/19/2007 rage 20i3 Backhoe $ 7.84 Roofer (including Built Up, Composition and Single Ply) $ 9.20 Truck Driver $ 7.50 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the. Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: http:// www. wdol. gov/ wdol/scafiles /davisbacon/TX63.dvb 7/19/2007 A G R E E M E N T THE STATE OF TEXAS COUNTY OF NUECE THIS AGREEMENT is entered into this 9TH day of OCTOBER, 2007, by and between the CITY of CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and *David Van Fieetj Inc. dba Van Fleet Construction termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $790,547.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: BARS ALE LIBRARY RENOVATIONS PROJECT NO. (TOTAL BASE BID + ADD . ALT . N . 1 : $790,547.00) 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. *Contractor agrees to hold his bid price for Additive Alternate No. 2 for 60 days from the date of bid opening. Agreement Page 1 of 2 Total Base Additive Additive Additive BID Y Bid Alternate n 4 ': Item Bid i yr I tYAM Mc. 1 alim Alternate Bid Item No. 2 Alternate Bid Tema No. Proposal Form Page 3 of The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 195 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 _ parts at Corpus Christi, Texas on the date shown above. ATTEST: City Secretary APPROVED AS TO EGA, FORM: CITY OF CORPUS CHRISTI By: Coptinet„.. v /e /o7 of Public Works and Utilities hogo 5 - 'i 11A 5t 119, By t 447.F47 WSW/Director of Engineering Services Asst. City Attorney ATTEST: (If Corporation) {S a Below (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CONTRACTOR David an Fleet Inc. dba Van FJ - t C. s t ., • C. By: Title: 312 EAST KLEBERG (Address) KINGSVILLE J TX 78363 (City) (State) (ZIP) 361/592 -2073 361/592 -9662 (Phone) (Fax) Agreement Page 2 of 2 4i4JszL„?,.2 AT room ID SECRETS PROPOSAL R FOR PARKDALE LIBRARY RENOVATIONS PROJECT NO. 4336 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS PUS CHRISTI, TEXAS Proposal Form Page 1 of P R O P O S A L Place: Corpus Christi, Texas Date: 5 Sept., 2007 Proposal of David Van Fleet, Inc. D: Van Fleet Construction 1 a Corporation organized and existing under the laws of the State of Texas OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: PARKDALE LIBRARY RENOVATIONS; PROJECT NO. 4336 at the locations set out by the plans and specifications and in st rict accordance with the contract documents for the following prices, to- wit: Proposal Form Page 2 of BID SUMtvIARY Total Base Bid Additive Alternate Bid Item No. 1 Additive Alternate Bld Item No. 2 Additive Alternate Bid Item No. Proposal Form Page 3 of $:7547 -- $50 ow — I.- s oon" The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notificati PERFORMANCE STATE OF TEXAS BOND BOND NO. 2200836 KNOW ALL i THESE PRESENTS: COUNTY OF N)E E THAT David Van Fleet Inc. dba Van Fleet Construction KLEBERG County, Texas, hereinafter �+ /�'1{ e}�) �+yT■ Tyr I•, r N . r j i.i C ]� _ organized under the laws of the State of CALIFORNIA 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 SEVEN HUNDRED NINETY THOUSAND FIVE HUNDRED FORTY-SEVEN AND ND 10 $ -- ___ _ ' . ) 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: called of "Principal",_ and a corporation THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 9TH of OCTOBER , 20 07 , a copy of which is hereto attached and made a part hereof, for the construction of: PAREDALE LIBRARY RENOVATIONS PROJECT NO. 4336 (TOTAL BASE BID + ADD .A T.N .1: $790,547.'OO) 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 FARTHER, 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 given 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 WHEREOF, this instrument is executed in 4 -copies, each one of which shall be deemed an original, this the 19TH day of OCTOBER -' 20 07 Agency Contact Person: Address: Phone Neer PRINCIPAL DAVID V FLEET, i. DBA ' AN FLEET CONSTRUCTION r By: (Print arr & 1t1 AS T Secre (Print Nine) SURETY INSURANCE COMPANY OF THE WEST By: Att r e -' x-fact MARY EN MOORE (Print Name) SWANTNER_& GORDON INSURANCE AGENCY MARY ELLEN MOORE P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 361 -883 -1711 (NOTE: Date of Performance Bond must not be prior to date of on t a t) (R vised 9/02) Performance Bond Page 2 of r STATE OF TEXAS COUNTY OF NUECES PAYMENT BOND BOND NO. 2200836 KNOW AL BY THESE PRESENTS: THAT David van Fleet 3 Inc. dba Van Fleet Construction of KLEBERG County, Texas, hereinafter called "Principal", and INSURANCE C OMP N of THE WEST , a corporation organized under the laws of the State o rand `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 sun of SEA HUNDRED NINETY-THOUSAND, FIVE FrvE HUNDRED FORTY -SEVER AND 1 100 ($790.547. DOLLARS, lawful coney 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 9TH day OCTOBER , 2 , a copy of which is hereto attached and made a part hereof, for . the construction of: PAWCDAiE LIBRARY RRN AT ION PROJECT NO. (TOTAL BASE BID 4- ADD.A T.NO.1: $790,547.00) 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 tht 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 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", ant ", "La or" and "Material", terial ", 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, s provided by Art. 7.19-1, Vernon's Texas Insurance Code, IN TNE S WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 19TH day of OCTOBER PRINCIPAL DAVID VAN FLEET IN IBA 'N LEET CONSTRUCTION By: IOWAN" AIRRillir (Print Name & Title) ATTEST Secret (Print Name SURETY INSURANCE COMPANY OF THE WEST r f F Attorney 1 fact MARY (Print Name) The Resident Agen of the Surety in Nu Coup _eras, -for delivery of notice and service of process i • Agency: Contact Person: Address Phone Number: SWANTNER & GORDON INSURANCE AGENCY ORE P.O. BOX 870 I TI TEXAS 78403 (NOTE: Date of Payment Bond must not be prior to date of contract) Payment Bond Page 2 of (Revised 9/02) No. 0004671 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint I IANN EI EN AVER, R.M. LEE, MARY ELLEN MOORE , LEROY RYA, KRISTI ROBERTS their true and lawful Attorneys -in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In wilness whereof, the Companies have caused these presents to be executed by its duly authorized officers this lst day of November, 2005. Jeffrey D. Sweeney, Assistant Secretary State of California County of San Diego On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. } . INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannon, Executive Vice President rilisighlmumwPANICC1130 COWL 1 6023 WON PUEILIMLFORNIA § COUNTY SAN 01E00 PAv Mitimittion Molise "" SEPTEMBER 20. us Witness my hand and official seal. Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE 1, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this _ 19TH day of OCTOBER , 20n 7 • Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may. call 1- 800 - 877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 350 -2400. This Power is in full force and effect until revoked 1 IMPORTANT T I OTICE To obtain information or make a complaint: 2 You may contact your Agent at 361-883-1711. 3 You may call Insurance Company of the West/Independence Casualty & Surety Company's toll -free telephone number for information or to make a complaint at: 1 - 800 - 877 -1111 4 You may also write to Insurance Company of the West/Independence Casualty & Surety company at. 11455 El Camino Real San Diego, CA 92130-2045 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or-complaint at: 1 -800- 252 -3439 6 You may write the Texas Department of Insurance: P. 0. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection@tdi .state.tx.us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE T Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). Listed puede Ilmar al numero de telefono gratis de Insurance Company of the West/Independence Casualty & Surety Company's para informacion o Para someter una queja al: 1- 800 - 877 -1111 Listed tambien puede escribir a Insurance Company of the West/Independence Casualty & Surety Company al: 11455 El Camino Real San Diego, CA 92130 Puede Comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o queja al: 1- 800 -252 -3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475 -1771 Web: http: / /www.td,state.tx.us E -mail: ConsumerPro #ection(a7tdi.state.tx:_us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este avid es solo para proposito de informacion y no se convierte en parte o condicion del docu mento adjunto. PAYMENT B O N D STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES THAT David Van Fleet Inc. dba Van Fleet Construction of KLEBERG 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 SEVEN HUNDRED NINETY-THOUSAND FIVE HUNDRED FORTY - SEVEN AND I1079.7. 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 9TH day OCTOBER , 20 07 , a copy of which is hereto attached and made a part hereof, for the construction of: PARKDALE LIBRARY RENOVATIONS PROJECT NO. (TOTAL BASE BID + ADD . ALT .ND ,1: $790,547.00) 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 chance, 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 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", 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 -4, 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 of , 2 PRINCIPAL By: (Print Name & Title) ATTEST Secretary (Print Name) SURETY By: Attorney -in -fact (Print Name) The Resident de Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency • Contact Person: Address: Phone Number (NOTE: Date of Payment Bond 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 BOND STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES THAT David Van Fleet Inc. da Van Fleet Construction of KLEBERG County, Texas, hereinafter called "Principal ", and , a corporation organized under the laws of the State of r 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 SEVEN HUNDRED NINETY THOUSAND TD , FIVE HUNDRED FORTY -SEVEN AND NO/100($790 , 547.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to e 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 9TH of OCTOBER , 20 07 , a copy of which is hereto attached and made a part hereof, for the construction of: PAREDALE LIBRARY RENOVATIONS PROJECT NO. 4336 (TOTAL BASE BID 4- ADD .ALT , N0.1: $790,547.00) 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 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 2 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 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 day of , 20 PRINCIPAL By: - Print Name & Title) ATTEST Secretary (Print Name) SURETY By: Attorney -in -fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Pers on Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of ontr•a t) (Revised 9/02) Performance Bond Page 2 of 2 141 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME David Van Fleet, Inc. DBA: Van Fleet Construction STREET: 312 East Kleberg CITY: Kinayille ZIP: 78363 FIRM is: 1. corporation X 2. Partnership , 5. Other 3. Sole owner 4. Association DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) N/A 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 N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee N A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all 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: # nne - Van Flee Title: Presidk_nt (Type or Print) A1JlL!a- Signature of Certifying Person: Proposal Form Page 5 of 6 Date: 5 Sept., 2007 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm ". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non - profit organizations. d. "Official ". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, , Department and Division Heads and Municipal i pad Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest ". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant ". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form Page 6 of AORP CERTIFICATE OF LIABILITY INSURANCE PRODUCER 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. OP ID T '' DATE (MM/OD ') VANFL -1 . 11/226/07 Borden Insurance P. O. Box 1066 Corpus Christi TX 78403 -1066 Phone: 361 - 882 -6543 'a :361 -654 -2008 ! INSURED Van Fleet Construction V( David Van Fleet, Inc. Dba 312 Ileberg KingsvLlle TX 78363 COVERAGES INSURERS AFFORDING COVERAGE NA1C # INSURERA: Allstate Insuranc on - INSURER 8& Texas Mutual Insurance Co . INSURER C: Admiral Insurance Company _ INSURER D: Nit .Hawley Insurance Co.. INSURER E: 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. LTR • A X B TYPE OF INSU GENERAL LIABILITY CE COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR GE N'L AGGREGATE LIMIT APPLIES PER: POLICY ■ PRO- JECT • LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X GARAGE LIABILITY ANY AUTO EXCESS /UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $/a WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER CA0021805 048839183 POLICY FECTIVE DATE MMIDDlYY 01/01/07 10/07/07 MXL0365280 TSF0011789301 01/01/07 01/01/07 P • ICY EXP1- ATION DATE MM /DDIYY 01/01/08 10/07/08 J 01/01/08 01/01/08 LIMITS EACH OCCURRENCE $1,000,000 PREMISES {Ea occurence) MED EXP (Any one person) $ excluded PERSONAL & ADV INJURY $ 1 , 0 0 0 , 0 0 0 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG 2, 000 , 0 0 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE 2, 0 0 0, 0 0 $2,000,000 _i( AGGREGATE $ $ IC TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.t. DISEASE - POLICY LIMIT $ , ,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS rt VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Parkdale Library Renovation, Project #4336 Certificate Holder is named as Additional Insured on the General Liability and Automobile policies. CERTIFICATE HOLDER City of Corpus Christi 1/( Engineering Services Attn: Contract Administrator Box 9277 Corpus Christi TX 78469 -9277 ACORD D (2001108) CICC-CC CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR HE 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 LIA ITYOFA Y_I ND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. - -- -- - -- AUTHORIZED REPRESENTA Allen Borden A CID 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) DATE (MMIDDPM acoRV,. EVIDENCE OF PROPERTY INSURANCE OPID TA 11/06/07 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER P"'"" 361-882-6543/361-654-200 COMPANY INN. No, Esi Borden Insurance P. 0. Box 1066 Corpus Christi TX 78403 -1066 Allen Borden - - - CODE: -{ SUB CODE: ADEN CUSTOMER ID #: vANF' — -L INSURED Van Fleet Construction David Van Fleet, Inc. Dba: 312 Kleberg Kingsville le TX 78363 5 LOCATIESNIDESCRIPTION 001 1230 Carmel Parkway Corpus Christi TX 78411 . VEF AI E...INF RM TI . � � #',�,,. fir •� kr:�.. :'a {': ��;,;.� .. . Great American Insurance Co. LOAN NUMBER POLICY NUMBER IMP5924533 EFFECTIVE DATE EXPIRATION DATE 10/26/07 05/26/08 THIS REPLACES PRIOR EVIDENCE DATED: • Parkdale Library Renovation Project #4336 COVERAG EIPERILSIFORMS Builders Risk Excluding Windstorm & Hail REMARKS In lu in f p al Ccincptions CONTINUED UNTIL TERMINATED IF CHECKED AMOUNT OF INSURANCE 791,000 ,t, _ pH 3.k .# �' s'.: ; .�F'_ s'. 'tom ' {: ':z,f'xC ,mss s• �'r� - s � �. -- - kt .' V:4 y : .. .. _� t��.t }V .CAN � {: 'fF .k.. ._ THE POLICY 1 { SUBJECT TO THE PREMIUMS, FORM , AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW _- 30 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. '': 5 ifs. t i.. INTEREST �]' tj�M1 Y - . {.' _.. .,. M1.�' NAME AND ADDRESS MORTGAGEE X ADDITIONAL INSURED LOSS PAYEE City of Corpus Christi;Eng Sys Contract Administrator P. 0. Box 9277 Corpus Christi TX 78469 -9277 AC D 7 J1 a LOAN # AUTHORIZED REPRESEN Allmon Bord DEDUCTIBLE 1,000 C RD CORPORATION .1991:.''. J�'r DATE (MWDDI/Y,Y) THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER HOM Flo, o, Ex r]: 361-882-6543 /361-654-200 COMPANY IUC, - - _ Borden Insurance P. O. Box 1066 Corpus Christi TX 78403'1066 Allen Borden CODE: SUB CODE: AGENCY CUSTOMER ID #: 'AF- 1 INSURED flan Fleet Construction David Van Fleet, Inc. Dba: 312 Kleberg Kingsville TX 78363 PROPERTY INFORMATION LOCATIONIDEC RIPTIONV 001 1230 Carmel Parkway Corpus Christi TX 78411 COVERACE:INVF RMATI i Texas Windstorm Ins Assn P. O. Box 99090 Austin TX 78709 -9090 LOAN NUMBER EFFECTIVE DATE 10/26/07 POLICY NUMBER 57731900 EXPIRATION DATE 05/26/08 THIS REPLACES PRIOR EVIDENCE DATED: 2000 sq ft addition to City of Corpus Christi Parkdale Library CONTINUED UNTIL TERMINATED IF CHECKED Premise 001 Building 001 BUILDING COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE 18 791000 7910 _ '.r. '.�. • - t - _ 4Y. t .-- • THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDITION4INTERES .: NAME AND ADDRESS MORTGAGEE LOSS PAYEE City of Corpus Christi; Eng Sv Contract Administrator P. O. Box 9277 Corpus Christi TX 78469 -9277 LOAN # ADDITIONAL INURED AUTHORIZED REPRESENT CORD OCAPORATION'19 From: Tern Kizer, ACSR, CIC At: Borden Insurance FaxID: Borden Insurance To: Sylvia Date: 11/6/20P7 04:29 PM Page: 3 of \ i Policy Number f 0000 51 -05 17 CG 20 r 07 04 Issued Date; 11/05/2007 Effective Date: 10(24) 007 THIS ENDOILSENCNT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS *--- COMPLETED OPERATIONS This endorsement modifies insurance provided under the folowin : COMMERCIAL cErrERu. LIABILITY COVERAGE PART ,,i SHIEULF Name Of Addltiuunl Insured £ersou(s) 1_ - or r rii.zntijn s - ',Any person or organization that Is in owner of real property personotproperty For whom you workarhave - vorked,or ' a contractor on whose behalf you Ivory or have worked, but only if coverage as are additional Insured extending to "bodily iniury" or"property damage" included in the "products, ts, completed opers tionu hazard'* Is required by a wrlttun contract ar written agrccmcnt that is an "insured tonfroct" and provided that the "bodily Injury" or "property damage" first occur{ subsequent to the execution of the contract or agreement infomtatiou re nir d to ca Lacat1911 And Dcs riptUarL rCompleted peratior! All locations at: which the Named Insured is performing ongoing operzlions except locations covertd uudor a Consolidated Mr () up Insurance Program. !etc this Schedule root show above will # sbown in the Declarations. Section II - Who Is An Insured is amended to include an additicut Insured the persons or organization(3) shown to the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated anct described in the schedule of this endorsement rerforrned for dig additional insured and included in the 'products- completed operations hazard ". CG 0370704 Signature: ISO Properties, Inc., 2004 Authorized Agent Page IofI t From: Terri Kizer, AC SR, DID At: Borden Insurance FaxID: Borden Insurance To: Sylvia Date: 11/6/2007 04: 9 PM Page: 2 of Policy Number: O000251 5 Issue Date; 11105/2007 08 76 02 03 Effective Da te: 10/14/2007 TEES ENDORSEMENT CHANGES THE POLICY* PLEASE READ IT CAREFULLY. GENERAL CHANGE 1NDORSEMENT This endorsement modifies insuruce provided under t the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CON'IMERCIAL PROPERTY COVERAGE PART PROFESSIONAL L1ILre COVERAGE PART In considuation r the premium charged, it s agreed that tile foii6winD utdarscment aro hereby added to the polity per the attached. co 20 37 07 04 — Additional lured — Owners, Lessees Or Contractors ompI ied Operations Al 08 76 02 03 — Prior Notice 01-Cancellation Ml ethcr terms and conditiODS remain unchanged. Signature; Late 1 ue is 1 1105/2007 AI OS 76 02 03 Authorized Agent 'Pagel ofl ci WAllstate. Four [ good her 015 (d. Effective 3192) ADDITIONAL INSURED This endorsement modifies insurance provided under the following: ✓I BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is In- dicated below: Endorsement Effective OCTOBER 25, 2007 Named Insured DAVID VAN FLEET, INC. DBA VAN FLEET CONSTRUCTIO Policy Number 048839183 BAP v/ Count * si reed by Lou (Authorized Representative) The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. CITY OF CORPUS CHRISTI P 0 BOX 9277 CORPUS CHRISTI, TX 78469-9277 (Enter Name and Address of Additional insured.) is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional Insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional Insured. The additional insured will retain any right of recovery as a claimant under this policy. Mil 14R- From: Terri Kizer, ACSR, C1C At: Borden Insurance FaxIO: Borden Insurance To: Sylvia Date: 1 lie/21307 04:29 PM Page: 4 of J Policy Number: CA 0 02 l8 -0 issues Date: 11/05/2007 Al 08 76 02 03 Effective Date: 10/24/2007 THIS RS MEI T CHANGES TIE POLICY. PLEASE MAD CAREFULLY. PRIOR NOTICE OF CANCELLATION This endorsement modifies insurance provided under the following: COMMERCIAL E1'4ERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART PROFESSIONAL LIABILrre COVERAGE PART In consideration of the premium c iir cd, it 1s agreed that upon cancellation of the policy by us, we shalt provijc the following entity with 30 days advance vri1tcu notice except that 10 dap written notice shall be required upon cancellation ' r non - payment of premium: All entirics named on the most recently received list provided by the insured or their agent. Date Issue: l 110$!2 007 AI 08 76 02 03 Authorized Agent Page 1 oil i From: Terri Kizer, ASR, CIC Al: Borden Insurance FaxID: Borden Insurance To: Sylvia L�� Allstate. CERTIFICATE OF INSURANCE ALLSTATE couNrt MUTUAL INSURANCE E Ol PANY HOME FICE - IRVING, following Inrkl�e is In force: certifies that the POLICYHOLDER DAVID VAN FLEET., ST1�Tt SSA VAN FLEET 312 KISSERG KIN SVILLE, TX 78283 POLICY NUMBER 048839183 BAP The person or organization designated below 15 described In the policy as: CITY of CORPUS CHRISTI p 0 BOX 0277 CORPUS CHRISTI, TX 7I4O8#8277 El Date: 1 117!2007 01:29 ,F'M Page: 2 of EFFECTIVE DATE OF CERTIFICATE 10/07/07 POLICY PERIOD 10/01/07 TO 10/01/011 AT 1 A.M. STANDARD TIME LIENHOLDER (Loss Payable Clause) ADDITIONAL INTERESTED PARTY ADDMONAL INSURED CERTIFICATE HOLDER Coverages designated era afforded as stated below. Basis of overa0e: LIMITS OF LIABILITY 1,000,01X1 COMBINED SINGLE LIMITS ANY 'AUTO` OWNED 'AUTOS# ONLY SPECIFICALLY DESCRIBED 'AUTOS' HIRED "AUK' ONLY NONOWNED 'AUTOS' ONLY OWNED PRIVATE PASSENGER 'AUT ' ONLY OVINE 'AUTOS' OMR THAN PRIVATE PASSENGER OWNED COMMERCIAL CIAL 'AUTOS" ONLY To the person or organization stated above: This policy, 81 respects the interest of the loss eyes, additional Interested party, additional Insured or certificate s ed herein ma cancelled the Company during the policy period by giving such person or organ- ization n wrldon notice at Its last address Town to Iha Company,. 1�$tlon tD days Prowl or such mailing Is darned suffIcIent proof of such notice. This Car88cat of Insurance neither egirmativeiy nor neoillively amends, extends or afters the coverage afforded by the policy Wowed to above. 13U1180 1 Signature IU11R.3 PAGE 1 OF 1 TexasMutuai WC 420601 insurance Company WORKERS' C ILITIY MPEN I ATI SURA N CE AND EMPL POLICY YERS TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 2. Notice will be mailed to: 30 CITY OF CORPUS CHRISTI PO BOX 9277 DEPT OF ENGINEERING CORPUS CHRISTI, TX 78459 -9277 J This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on October 0 0 7 at 12:01 A.M. standard time, forms a part of Policy No. T F- 0011789301 20070101 of the Texas Mutual Insurance Company Issued to DAVID VAN FLEET INC DBA: VAN FLEET CONSTRUCT ION Premium $ 0.00 w 4 0 01 (ED. 1-94) Endors_emeotNo. / Auth zedJ3spresentaiiue DJC LEY 10 -31 -2007 TexasMutuar EXTENSION EXTENSIONOFINFORMATION PAGE PAGE 2 STATE 42 42 42 42 42 42 42 42 42 42 42 NAME AND ADDRESS OF INSURED DAVID VAN FLEET INC DBA: VAN FLEET CONSTRUCTION 312 E KLEBERG AVE KINGSVILLE, TX 78363-4576 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ENDORSEMENT SCHEDULE POLICY NUMBER TSF-0011789301 20070101 ISSUE DATE 10-31-2007 ITEM 3D ** ENDORSEMENT SCHEDULE ** NUMBER TIN —TR I A-2006 PC-2003 TIN —MV -2001 wD00 00 D0A 000 00 01 WC00 04 06 WC42 03 01F WC42 03 08 WC42 04 07 WC42 06 01 WC42 03 04A DESCRIPTION TERRORISM INSURANCE COVERAGE POLICY CONDITIONS ENDORSEMENT MUTUAL ENDORSEMENT FORM WORKERS COMPENSATION AND EMPLO WORKERS COMP/EMPLOVERS LIAB PREMIUM DISCOUNT TEXAS AMENDATORY PARTNERS/OFFICERS/OTHERS E AUDIT PREMIUM ENDORSEMENT TX NOTICE OF MATERIAL CHAN TX WAIVER OF RIGHT TO RECOVER EDITION DATE 2-28-2006 3-25-2003 8-20-2001 11-04-1995 1 -01 -1994 1-01 -1994 1-01 -2000 1 -01 -1997 3 -23 -2002 1 -01 -1994 1 -01 -2000 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on October 2 4, 2007 at 1 2:01 A.M. standard time, forms a part of Policy No. TSF- 0011789301 20070101 Issued to Premiurn of the Texas Mutual Insurance Company DAVID VAN FLEET INC DBA: VAN FLEET CONSTRUCTION w 000001 (ED. 1-94) 0.00 Endorsementblo. 3 AuthorizediRepresentative DJCOLEV 10-31-2007 TexasMutuai WC99 03 01 Insurance Company WORKERS' COMPENSATION AND EM PL YEf S LIABILITY INSU Ai CE POLICY GENERAL CHANGE ENDORSEMENT The policy to which this endorsement is attached is amended as shown below: Added WC420601 (Texas Material Change Endorsement) in favor of City of Corpus Christi This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement, effective on October 24 , 2007 at 12:01 A.M. standard time, forms a part of Policy No. TSF -001 17 9301 20070101 of the Texas Mutual Insurance Company Issued to DAM O VAN FLEET I NC DBA: VAN FLEET CONSTRUCTION Premium 0.00 WC990301 (ED. 1-94) Endorsement .No. 3 144...11b Author edRepro to O DJC(LEV 10-31-2007 From: Terri Kizer, er, A R, CIS Al: Bold gn Insurance FaxID: Borden Insurance To: Sylvia GENERAL ENDORSEMENT Dale: 11/6/2q07 04:29 PM Page; 5 of 5 uct ion Nam e of person or organization insured arrx r� �r Date this ndor rrm ent t k s effect ._.., �' - — Endorsement Number Policy Number [ 924 5 3 3 Policy P ti d 1.0-26-07 to 05726-08 Builders' Risk / Installation Floater Name of roman issuing this nd r ement Grea t Ame r i can s o Mc will not till in the above unic s we iSSEIC this endorser-mot after we issue your policy) hi consideration df a change in premium, add the following as an additional insured: City of Corpus Christi: Department of Engineering Services P.O. Box 9277; Mtn! Contract Administrator Corpus Christi, TX 78469 -9277 Should the above described policy be cancelled or materially changed before the expiration date thereof, of, the issuing company will mail 30 days NIA—Rim notice to the above nand. Signature: ICK-GLOO Authorized Agent TT EN1 1 of 1