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HomeMy WebLinkAboutC2008-053 - 1/29/2008 - Approvedzoos-os3 ox/z9/o$ Alpha Building Corp. S P E C I A L P R O V I S I ,, .. - -- S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R LITTLE MISS KICKBALL CONCESSION STAND THIS PROJECT WAS AWARDED VIA JOB ORDER CONTRACT WHICH WAS COMPETITIVELY PRICED UNDER RFP 2007-1 FOR PARKS & RECREATIONS DEPARTMENT CITY OF CORPt3S CHRISTI, TEXAS Phone: 361/826-3464 Fax: 361/$26-3864 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3504 Fax: 361/826-3501 PROJECT NO: 3335 DRAWxNG NO: SK-1 & 2 S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R LITTLE MISS KICKBALL CONCESSION STAND THIS PROJECT WAS AWARDED VIA JOB ORDER CONTRACT WHICH WAS COMPETITIVELY PRICED UNDER RFP 2007-1 FOR PARKS & RECREATIONS bEPARTMENT CITY OF CORPiIS CHRISTI, TEXAS Phone: 361/826-3464 Fax: 361/826-3$64 AND bEPARTMENT OF ENGINEERING SERVICES CITY OF CORPLTS CHRISTI, TEXAS Phone: 351/826-3500 Fax: 361/826-3501 PROJECT NO: 3335 DRAWING NO: SK-1 & 2 {Revised 7/5/00) LITTLE MISS KICKBALL CONCESSION STAND Table of Contents p~rrnt+ mr+ nrnnn+na ~T,.,_.: ,...a ~ r~ ~...,~ (NOT USED) NOTICE TO CONTRACTORS - A (Revised May 2006} Insurance Requirements NOTICE TO CONTRACTORS - B {Revised ~/s/oo) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS {NOT USED} A n T,.,F: ~ ~. ^.~ "ti't'° uts......, (NOT USED} A-3 Description of Project A-4 Method of Award A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A n c+-...~.a n~.,~,~.....-., -. (NOT USED} n-T-,ate}~n~l~~m~-~g~ '"~ { NOT USED ) A-10 Wage Rates {Revised 7/5/OO) 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 n-~•rj-~~cc,-ctv~civir-wi:a~cemvvcr~-o (NOT USED) A-16 Disposal/Salvage of Materials -~~ ~.: ,,, ,z .,,F .F ... A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification nil ~re~ee~~ A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98} A-23 Inspection Reciuired (Revised 7/5/00) A-24 Surety Bonds A-25 Sales Tax Exemption NO LONGER APPLICABLE (6/1.1/98} A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-2•S-tens-~r~~•}tee €er Ce~~r~e~~.~=~-a==u Ln4~4tic.. (NOT USED) A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements (NOT USED) n-3-4-F~-reeeQe~ee e€ C-e~~r~e~- ~set~men~~e- (NOT USED} n-3-5-G•l~~-Wz-~ter ~ ..~__ _._s------------- (NOT USED} A-36 Other Submittals (Revised 9/18/00) (NOT USED} A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities (NOT USED} R-40 Amendment to Section 8-8-6: Partial Estimates nil-9~So==~ ~'' 9 =c~,y r (NOT USED ) A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hoid 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 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty° {8/24/00) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS (NOT USED) (NOT USED) T T@T A4 T1fl AL7Y LTF_~L~ n.a. a~vv 7.TA~~ AGREEMENT PERFORMANCE BOND PAYMENT BOND DISCLOSURE STATEMENT 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 INSUFiANCL MINIMUM INSURANCE COVLRAGS 30-Day Notice o€ Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Expiosian and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term X NOT REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6-11 and Supplemental insurance Requirements ^ REQUIRED X NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED X NOT REQUIRED Page 1 of 2 ^ The Cxty of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ^ The name of the Project must be listed under "description of operations" on each certificate of insurance. ^ For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure o£ 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 PART A SPECIAL PROVISIONS LITTLE MISS KICKBALL CONCESSION STAND Project #3335 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receivin Pro osals/Pre-Bid Meetin (NOT USED) A-2 Defiaitians and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project This project shall include the installation of a metal framed 24'-0" x 24'-0" building Frith interior finishes per quote dated January 18, 2008 (see Attachment No. 1), complete and in place for the Lump Sum price of Eighty One Thousand Three Hundred Seventy Nine and Seventy Seven Cents. ($81,379.77}. A-4 Method of AFrard r""~EEa This project was awarded VIA Job Order Contract which was competively priced under RFP 2007-1. ~~-hid:e~ill=~e~*~l~te~~iased-ems the Te~al~avr-°~' . A-5 Items to be Submitted with Proposal The following items are re fired to be submitted with the proposal: ;~~®~si:~d=~,~~-€~4~~® ~e~~e~~aecaa-~~oo 3~e~a~e~~ee~~~ Section A - SP (Revised 12/15/04} Page 1 of 22 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 90 calendar da s. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer"} to proceed. Far each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $lU0 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are nat imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services {City Engineer} may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Inaurance_Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Pro osals {NOT USED) A-9 Acknowled ent of Addenda (NOT USED) 3ectioa A - SP {Revised 12/15/04) Page 2 of 22 __ A-10 Wage Rates {Revised 7/5/00) Labor preference and wage rates for Buildi.ag Construction. I~s~ M; n; rm nn Prevailirx~ Wage Scales The Corpus Christi City Council has determined the general prevailing minimian hourly wage rates for Nueces County, Texas as set out in part C. The Ccaltractor and arty subcontractor must xx~t pay less than the specified wage rates to all laborers, worlvneaZ, and mechanics employed by them in the execution of the Cantract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00} per calendar day, or portion thereof, for each laborer, worla-~an, or meck~axiic 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 shag the names and classifications of all laborers, workmen, and mechanics - employed by them in connection with the Project and slag the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Caritractor will also obtain copies of such certified payrolls from all subcontractors and others working an the Project. These documents will also be submitted to the City Engineer bi-weekly. (See sectian for Minority/Minority Business Enterprise Participation Rclicy for additional requirements concern;ng the proper form and content of the payroll submittals.} Onz and one-half (1'~) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundlays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.} A-I1 tioa with Public 'es {Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Cr~ntractor shall provide a forty-eight (48} hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas Excavation Safety System {Dig TESS) 1-800-344-8377, the Lone Star Notification Cerny at 1-800-669-8344, and the Southwestern Bell Locate Grcxap at 1-800-828- 5127. For the Cantractor's convenience, the follawirig telephone rnmrbers are listed. City F~gineer Project Engineer Traffic Engineering Police Department water Department Wastewater Departmett Gas Department Storm Water Depaxtmexit Parks & Recreation Department Streets & Solid Waste Services A E P S B C City Street Div, for Traffic Signal/Fiber Optic Locate Cablevisian ACST {Fiber Optic) ICP1C (Fiber Optic} ChoiceCom (Fiber Optic} CAPROCTC (Fiber Optic} Brooks Fiber Optic {~} 880-3500 826-3500 880-3540 882-1911 857-1880 (880-3140 after hours} 857-1818 {880-3140 after lx~urs} 885-6900 (885-6900 after hours} 857-1881 (880-3140 after hours} 880-3461 85?-1970 299-4833 (693-9444 after hours} 881-2511 (1-800-824-4424, after hours} 857-1946 857-1960 857-5000 (857-5060 after hours) 887-9200 (Pager $00-724-3624) 813-1124 (Pager 888-204-1679) 881-5767 (Pager 850-2981} 512/935-0958 (Mobile) 972-753-4355 Section A - SP (Revised 12/15/04} Page 3 of 22 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not uaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. Section A - SP (Revised 12/15/04) Page 4 of 22 A-14 Construction Equipment Spillage and Trackin The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways ' clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site ar adjoining streets. A-15 Excavation and Removals (NOT USED} ~p-~"~~st~•~@~~x-E~" ~..;~~.p~__-aroma A-16 Dis osal/Salva 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-17 Field Office (NOT USSR} A-18 Schedule and Se ence of 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 (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: Section A - SP (Revised 12/15/04) Page 5 of 22 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic U date: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction Pro'ect La out and Control The Contractor shall furnish all liaes, slopes and measurements necessary for control of the work. Section A - SP (Revised 12/15/04) Page b of 22 rye.-. ,4. .. A-20 Testing and Certification ~~ All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. ,i4--2-~ P~s~ee~t~gni~ (NOT USED} A-22 ffiinorit /Minorit Business Snte rise Partici ation Polic {Revised 1o/9a) 1. Policy It is the policy of the City of Corpus Christi that maximum ogportunity 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. ~n accordance with such policy, the City has established goals, as stated herein, bath 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. Section A - SP {Revised 12/15/04) Page 7 of 22 c. Minorit Business Enter rise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities_ Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a} For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. {b) 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) Far 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. Minorit See definition under Minority Business Enterprise. 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. Section A - SP (Revised 12/15/04) Page 8 of 22 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority 8usinesa Enterprise {Percent) Participation (Percent) 45 ~ ].5 ~ 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 Required (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.~€~e~~~re-~~~~ . Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. Section A - SP {Revised 12/15/04) Page 9 of 22 A-24 Suret Bonds Paragraph two {2) of Section B-3-4 of the General Provisions is changed to read as follows: °No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10~;} of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (lOg) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10~) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial 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 Sa~.es Tax Exem tion (I30T USED) &ection A - 5F (Revised 12/15/04 Fage 1D of 22 A-26 Su lemental Insurance Re irements For each insurance coverage provided in accordance with Section B-6-7.1 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation restricts the insurance afforded covenants to mail prior writte chan e to: - ~ 1. 2. or material change that reduces or by this coverage part, each insurer n notice of cancellation or material Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section 8-6-11 {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. Section A - SP (Revised 12/15/04f Page 11 of 22 A-27 Res onsibilit for Dania a Claims Paragraph (a} General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. A-28 Considerations for Contract Award sad Execution (NOT USED} a~s~ - ~ ®~~.~~r~~e a-}~e~s,~Y~e ~-t~e~e iL.. ...~ ... .] "~@~-~ isea~~® ~. G.., .- 7 ~ . l i ...~~.. . ...~ J ~ ~ .. L., ~ A-29 Contractor's Field Adsniniatration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5? years recent experience in 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 five (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. Section A - SP (Revised 12/15/04) Page 12 of 22 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. A-30 Amended "Consideration of Contract° Re irements [7nder "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: m~a~~-et~~~.~:7-cam~ge=City Engineer may request 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 Sae required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure Section A - SP {Revised 12/15/U4) Page 13 of 22 of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section 8-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Poli on Extra Wark and a Orders Under "General Provisions and Requirements for M~ulicipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor aclazowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Execution of C'OntractT' 'retnents 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 arxy 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 (NOT USED) A-34 Precedence of Contract Documents (NOT USED) Section A - SP (Revised 12/15/04) Page 14 of 22 A-35 City Water Racilities: Special Requirements (NOT USED) Section A - SP {Revised 12/15/04) Page 15 of 22 Section A - SP (Revised 12/15/04) page 16 of 22 A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one {1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Farm 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 far 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. Sectios- A - sP (ReviBed 12/15/44) Page 17 of 22 g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product ar system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Sales: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns far City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three {3} copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related e i ment will not be a roved for use on the project. A-37 Amended "Arran ement and Char a for Water Ptunished the Git {NOT USED) A-38 Worker's Com ensation Covera a for Buildin oz Construction Pro'ects for Government Entities The requirements of "Notice to Contractors 'B "` are incorporated by reference in this Special Provision. A-39 Certificate of Occu anc and Final Acce taace {NOT USED} A-4U Amendment to Section 8-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section 8-8-6: 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 Section A - SP {Revised 12/15/04) Page 18 of 22 documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory Priming and hot-mix paving operations must an ozone advisory has been issued, except notify Contractor about ozone alert. If a the day will not be counted as a work compensated at the unit price indicated in A-42 OSHA Rules & Re ulations not be conducted on days for which for repairs. The City Engineer will delay such as this is experienced, day and the Contractor will be the proposal. 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" 8-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawin s {7/5/x0} (a} Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. {b} Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to Section A - SP {Revised 12/15/04) Page 14 of 22 show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Dis oral of Hi hl Chlorinated water !~/5/00) NOT USED A-47 Pre-Construction E lorato Excavations (7/5/00) NOT USED , ~~ , -__ L ~7ne {-...... r~~ -ny^~`-~ '7 r r Section A - SP (Revised 12/15/04) Page 20 of 22 A-48 Overhead Electrical Wires (~/s/oo) 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 CP&E, and inform CP&I,, of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. IC shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guarant " (6/24/00} Under "Genera]. Provisions and Requirements for Municipal Construction Contracts", B-S-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor -- expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi far any claims or causes of action against the Contractor or any other individual or entity." Section A - SP (Revised 12/15/04) Page 21 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: LITTLE MISS KICKBALL CONCESSION STAND PROJECT No. 3335 OWNER: CITY OF CORPUS CHRISTI ENGINEER: Ran Yoder CONTRACTOR: Al ha Buildin Cor oration, Ix~c. DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR Y7RAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 22 of 22 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B y,TpR~„R' S CC'•i. E:vSATIDN CDVERAGa : DR gU~;,DING G:~ CONSTRUCTION PROJECTS FOR GC•VE?,33MENT ENTITIES ^~xas law requi_°s that -:ost contr~czors, subcc~t=actors, and otXl°.s providing work or sere=ces for a City building cr construction ,- worker's com ensation insurance, authorized pro=pct ;gust be COVe_ed by worker s compensatic=~ coverage --surance, or an appr~ved se ~ ~ --.- agree^^er t . law does :.ot require a contractor, subcontractor given if Texas Y services {including deliveries to the job or o~h°rs performing n~oject sitei to provide 1 of the 3 forms of worker's compensation caverwork the City will require such coverage for a time d~ i clua'i croduring the or [er:•ices on this Project at any ,-- re uired to maims-•°..F=1Ce guaranr.y pexiod. '~;otcr carriers which G-e - 4 eY with the Texas Depart:::°-nt of Transportation under ^-'exas Civil reg_.. =-- StatL=ps Article E675c, and which provide accidental insurneea coverace under Texas Cifo~sGCatworkerrs compensation coverage(, not provide 1 of the 3 '.`he Contractor agrees t:, comply with all applicable of Texas Administrative Code Title 28, Section III--Q~ec whic:. ~s attached and deemed ~::corporated into the p- Please rote that under section 110.~ZQ~ ~ certain language ;ust be Contract with the City and subcontractors and others Project; ~. 3. provisions a Copy of t contract. included in the Contractor's the Contractor's cnatracts with providing services for the the Contractor is required to submit to the City certificates of coverage far its employe°` and for all subcontractors and others providing services on the Project. The Contractor is req extensionobof1 coverageb duri g ache certificates showing Project; and the Contractor is required to past the required notice at the job site. gy siccing cvmpi_• with this Contract, these Not ce the Contractor certifies that _~ will timely to Contractors "B" requizements. NOTIC~IRCVisea Rl/13/98) H page 1 of 7 B/7 ~ 98 . ,:L'C ~: C i ~t~e ?S. ~SL~R-~.\CE Part II. TES-~.S «'OR~~' CO'~~IPE~tS:~TION CO\`1~~1SSI0~, Chapter 110. F~EQL'IR.ED NOTICES OF COYER.-AGE Subchapter B. E~7PL0'1"ER NOTICES 5 110.110 Repartin4 F~eouirements for Building or Construction Projects for Governrnentai Entities {a) "1:7ae following words and terms, when t:sed in this ~. ~hsrt~ie ~al~ h ove ~`~ mPe'-~g ae^ned +_n the context dearly tnatcates atl'~envise. T..::ns not de the Te:cas Labor Code, ii so defined. orin• (1) Certuicate of cove:-zQe {c°::itzc.'-te;-.=_ ccoy of a ce:-rii~cate c: ~:sur~nce, a 4e;-thicate ei aut'r. to sell°lnsure :sued b~~ 'one c.=r:tmtssiori er a worice. s~torv worice s' c mpensauon~uLSUrance oCerage -I-WCC-o"2, TWCC-S~, or TWCC-S~l, showtng state rovidinC for the person's or enrit~s employes {inc'tucuig those suolect is a coverage 2~eement) p services ^n a project, :er the du,~ation of the project. ~ 406.496(e)(l ). {2) Building or construction-i~as tre men.^.L~g defined in the T exzs ia>JOr Cade, 3 Contractor-:~. person bidding far or awarded a building or conutruction project by a governmental (} entity. (4) Coverage-Workers` comDensatian ins,:rance mee*.ing t_he statutory requirements of the Te:cas Labor Code, ~ 401.411 {44). 'S Coverage a2seement-A written a~ee^:eat on form TWCC-o i, form TuTCC-S2, form ~~VCC-S~. t) ar form TYVGC-S4, filed with t_he Te:cas Workers` Com~cas Workers~C mpen~tion Act p hur~~t to Te(atianship between the pies for purposes of the Te as one of employerlemployee and the Te.~cas Labor Code, Chapter X306, Subchapters ~ kedrGeornpeasatiau coverage for persons establishes who will be responsible for providing providing services on the project. 6 Duration of the project-Includes the ti.'r-e from the be2itu'.ing of work on the project until tt:~ work on the project hs been complete? z-d accepted by the Qvver:t.'neniat entity. „ T ~~ ~-- ` ti06.096 of the .4ct)--~~rth 'tee (7) Persons croviding ser.zces eti Lhe proie~ (subcarana (sj o f ~5 section, includes all persons cr exception ai persons excluded under subsections (h) ties enornunr~ all or oast of the services the contractor has undertoreand reQard~ roof whetheee ent2 p _ .. s,~bcontraaors. regardless a: whether that pe:son contracted directly with t e con.ract that person 1:~ empioye~s. T'ras includes but is not limited to indepe:tdent cantract orr employes of leasing comp?.nies, motor c :triers, owne se.•vicesoon the p oject.o ~ rvices'~includes but is rot li.^vted zt:v entity fi:-rssntng ~+ersOnS to PerIOrL1 ~ ;rorlcE :o cohrxnc.ons - - Revised 1/13/981 8~7~ao Page 2 of ~ httn-~i•.~v~ scs.stste.r-'=.'~sitac.~2SlIUl i0lB/] 10. ] l0.htrnl :.S T. -..:: ~ :: Page ? c; 5 :o ;;r_ • _-. ._..~iing, o: ae.. ,•e: ing ecuio, :e:.t or ....._~na.is. cr crc~ ding labor, :r ~-1st"e~c::ors or oti:e. se:;^ce^re:.:.._..:a a projec:. "Services" does nct L.~...,... 2cti;:.:es ~.:rreisted to the arajec~ _~ch as rooc~ce~,~er~ce •.~endors, c~.ce supply deweries, a^.d ce:iven~ ei porzole toilets. (S) P; cie~ -.::dudes the crc;ision of all ser vices r eis_ed .o a cu.+MMl? or construc~~on cc°:, act for a Bove:-^ ~e^:=.i entity. {b) Prc~idir:, or causinc to be provided a cettinc::e o: coverage pursuant to this rule is a represe::*w:c:: by the insured :hat all employees of :.e insured ~;•ilo are pro~zding services cn the projec: w:e cc;•ered by workers' compensation coverzze, that the coverage is based on proeer reporting o: c:;ssification cones and payroll amour: s, znd that ail coverage agreements Five been filed with t.':e aacrecriate insurance carrier ar, in the c: se e: aself-insured, with the commission's Division of Se'~-Lisurr..:ce ReQUiatior Providing false or misieKding certi cotes of coverage, or :aii:ng to provide or r :aintain require:: coverage, or failuig tc report any c:.ange that materially a~e~.s the provision o; coverage may sabject xhe contractor or other person providing services on the project to admiris:, ~::;•e penalties, criminal penalties, civil pe^aities, or other c:vi,l actions. (c) A gover:~ e:ttal entire' t;•zt enters into a buildi:.r or constnlc~'oa contract on a projec: s~.all: { I) include :r. tale bid specincations, all the provisions of para~at ('~ of this subsectia0. Ls:ng the lan~aage re~tlired by paraaszph {7) of this subsecti;,:i (2} as part o; 4~ie contract, using the language reaLi: ed by para~zpil {7} of this subsection, : equire the contractor to perform as reouired in subsection (d) of this section; (3) obtain ~ czl the contractor a certificate of coverage for each person providing services on the projec:, prior to that person be2innirtg work on the project; (4) obtain frem the contractor a new certificate of coverage showing extension of coverage: (A} before rite end of the c~.:r: ent coverage period, L tale contractor's current certificate c: coverage shows tt~.at tLe coverage period ends during the duration of the project; and (B) no inter L°.: n seven days zlzer the expiration of tae coverage far each other person providing services on tl:e project ,whose current certificate shows that the coverage period ends during the duuation of the project; {S) retain cer :i$cates of coverage on file for the duration of the project and for three yews ti'lereafter, {6) provide z copy of the ce:-..i5cates of coverage to the commission upon request and to arty person entitle? :o them by law; and (7) use *.ae iz;:y~lage contained in ehe following Figure i for bid speeincaaans and cantray.s. •~-ithout any additional words or ci•-anses, except those ream.*ed to aceommodate the specific document in which the~~ a.~e contained or to impose stricter stancards of doct;.:,eatation: T28S 13 4.11 G(c)(7} tb! N~TICf; To CONTRAGTC'.ZS - 3 Aeviaed 1/13/961 page 3 of 7 i5~7~Cs http:/.~~;r,~-w sos.stzte.L~c.us%tac'~3.'LTJi 30B/I 10.1 ]O.htrri Page ~ of b _ .. T .~.C 110.1 ] 0 ~} ~ contractor shat: i}provide coverage for its empieyees croviding services on a projects ~.e duration of the projec: :aced on proper repariing of cizssi.:ca~on codes and pa}'reil amounts z.:. ':: g of any coverage s~ee:nents; ,_?} provide a certificzte of covera_e stowin¢ workers' carapensation coverage to the governmental entity prior to beginnz~g work on ~e project; a_;) provide the governmental emir;, r^or to the enci of the coverage peace. a new certificate of coverage showing extension of coverage, if the coverage period shown or t."e contractors cutTen~ certificate of coverage ends durarg ti:e duration of the project; {~} obtain from each Gerson providing services on a project, and provide tc t::e eovernmental entity: {A} a certificate of coverage, prior to that person beg2nninrz work oa the craject, so the governmental e^tity will have on file certificates of coverage showing coverage for all persons providing services on ,::e project; and t'3} no later than seven days after receipt by the contractor, a new certinrzte of coverage showing extension of coverage, if the caverxge period shown on the current certicate of coverage ends during the duration of the project; (5} retain a!1 required c~: of cater o: coverage an file far the duration of the project and for one year thereafter, (6) notify the governmental entity in wntrag by certified mail or persona! delivery, wig ten days after the contractor knew or should have irnowtt, of ~Y change that materially aae~s ~e Provision of coverage of any person providins~ services on the project; (i) Post a notice on czch project site inxorming ail persons providing servic` c~~~ ~d report failture to are required to be covered, and stating how a person may verify torrent c.. providc coverage, 'I'bis notice does not satisfy other pasting requirements isuposed b eased r~acta ~ ther cotumission rules. This noticc must be printed with a title in at tease 3D paint bold typ least l9 point normal type, and shall be in both English and Spanish and azty other language common to the worker populafion. The text for the noti ~~~~ words a~ changes: provided by the romtnission on the sample notice, without any REQUIItED WORKF~S' COMPENSATION COVERAGE "The Iaw requires that each person woriang on this site or providing services related to this construction project must be covered by workers' compe:isation insurance.:s incluartatiaa o other providing, hauling, or delivering eauiprtent or materials, or providing Iabor or transp Io ee „ service related to the project, regardless of the identity of their employer or status as an emp y "Call the Texas Workers' Compensation Commission at 5 7 2-440-3789 to : eceive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an empIoyer's failure to provide coverage." Notzc~ :a coNr~cTORS - ~ Revised 1/13/981 g~7/9g ~:ttp:l/www.sos.state.tx-us~tacJ28lII/1108113~.110.htmi ?aqe 4 of 7 ~S T~:C i : . l ; 0 t'age4ot6 ontrars ~c4ide se:,~ic: s e° ' ~ro~ect to: ,,,.~~e A„~,. .,erson write :~•>^.cr _. c -~ _ (A) provide cnverxge base: on proper repar-ii:.g of classwcation sates ~*tc payroll ~r:ounts and fiiin¢ of an}• coverage afiree^:e^T.s far'.-' of i:s e:rpioye~5 prOVtaL^•_ s~^zc~s en rite prole:.-. =or the duration o[ the proje~; (g) Pro~zde 2 certinc: ~e e: coverage to the coat: actor prior to friar person ae~^~':~ •:tiorK an the proje~ ; , {C) inciuce in sil corttraczs to pro~zde servic~S c:. the projec: t'.:e iar2gt2age in subsea t:n (e)(3) of this section; (D) pro~lde the contrzc:a:, Prier :o the end of u.e coverage pe::ad, a new certi£tc.e of coverage showing extension of coverage, s the coverage reriod shown on the current certi.fic:e of coverage ends dung the duration of the project; (E) obtain from each ache: person with whorr2 is cantrac:s, a,r2d provide to the cor..rac.or: () a certificate of coverage, prior to the ocher person begin.^_~tg Wori: on the proje~ ; ~^d ('u~ prior to the end of the coverage period, a new certificate of coverage showing er_e:.lion of the coverage period, if the coverage period shown on the curre"•= o~~mcate of coverage ends during the durarioa of the project; (~ retain all required certi.ncates of coverage en file for the duration of the projec a.^d for one year there:ite., {G) notify the governmert:.l entity in writing by certttted mail or ptrsonal delivery, vzthia ten days after the person laxew or should have ktzown, of atzy change that materially aft'ects the provision of coverage of any person providing se:-~~ices on the project; and (H} con~a~uaily require °~ch other person with whom it contracts, to perform as required by subpararaaphs {A)~ of Lhis paragxaph, wtth the certificate of coverage to be pro~zded to the person far whom they are providing servtccs. {e} A person providing services an a project, other than a coatractor, shall: {3}provide coverage for its empioye~s providing services on a project, for the dur2*_ion of the project based on proper reporting of classiFication codes and payroll amounts and filing or z*ty coverage agreements; (2) provide a certificate or coverage zs require by its contract to provide services cr. the project, prior to beginning work on the project; (3) have rite following language in iu contract to provide services on the project: "~y sigrting this contract or providing or causing to be provided a certificate of coverage, the person signirtg~ss contras is representing to the governmental entity that all employees of the Berson signing cantrzc, who will provide servicxs on the project will be covered by wori:ers' compensauen coverage NOSICE :O CONTRACSORS - B Revised 1/23/98} $nj9$ http:i/~,~.~rw.sos.state.tx_usitacJ28/IIJ1 l OB/l 10. ] l0.htmi Page s ~t 7 rage : of o ~J L ~•"..- • • V. 1 1 V _~ ~~,_ n of ~.~ flroiect, :hat the cc•:e:one will be cs a ~vl be &Ie~rwii the oorop ~ e Lion per t,.,, ,,~.atto codes z_ra oavroll z.::.ounts, and that ail coverage a~ee P w's~tission's Division oz Self-Insurance insur:~.cc ezrt7er or, ::. the case of a se3f-irsLred, with tl... „o ,• vidznt=_ false or misleading L.or~ation may subject the contractor to adnvnistrative Reta.;auon• Pro _ enalties, cr other civil ae.:ons. penzides, criminal Fe :allies, civil P vide the erson for whom it is providing services on the project, prior to the c:td of the (4} pro p e eriod shown on its current ce.*t case of coveragi covers a end during the durations of the coverag p eriod shown on a`-e rxrtificate o S coverage, iz the coverage p proje~ ; brain from eats person providing sernces on a projec tinder contract to it, znd provide as (5} o required by its contract: A z certificate of coverage, prior to the other person beaaaiaS work on the project; and () _ riot to the end of the coverage period, a new certificai t certificate of came age e ~ daring the ~) p eriod shown on the curt coverage period, if the coverage p duration of the projc :; - 6 retain all re4uuao ccntncates °f coverage on 51e for the duration of the project and far one year () ttterczrter, in writing by cetvfied rnaii or personal delivery, of any change that (7) notify the governmental entity erson providing services on the project and send materially affects the provision of coverage of any p the notice within ten days after the person l.~tew or should have known of the change; and {8) contractually require each other person with whom it contracts to: er reporting of classification codes and payroll amotmu and filing {A) provide coverage based on prop for the duration of any coverage agrceztents for all of its e^tplayees providing services on the project, of the project; rovide a certificate of coverage to it prior to that ocher person beginning work oa the project; (B} p C include is ail contracts to provide services oa the project the language in pards~Fh ~) of this {) subsection; riot to the end of the coverage period, a new certificate of coverage showing extension (D) provide, p of the coverage period, if the coverage pe:iad spawn on the current certificate of coverage en s durirt? the duration of the project; cotain horn each other person under contract to it to provide services an the project, and provide (E) as reQtured by its contract: (i) a certificate of co~'erage, prior to the other person beginning work an the project; and {ii) prior to the end of the coverage period, a new certificate ocerotivfiec~a$eof cove age ndst durutg the coverage period, if the coverage period shown on the current NOTIGE TO CON'IR1+C70R5 - 8 $1719$ hrtp:l/w~ww.sos.state.^c•usltac/28/IIIi tOB1110.114.html ~~paged61ot37~~) Page ti of 6 .5 ir~l, l:U.i:U duration ci tae contract: {F) retain ail r equtred c~~-:-?r, :_s or coverage on laic for the duration er t:.e project : nd for ane year therez.ite:; {G) notify the gavernme::tai er:uty in writirsg i an'T~n ma mat mite .aiiyeaffects the provision of after the persva knew or silouid nave lrnown, g coverage of any person proviainQ services on the project; and to pericr::t as regturcd by taus - (~ contracuaily requsre e,=c :person with `Whom it contracts~th ~~ certincate of coverage to be subparagraph and subparagraphs {A)-{G} of this paragraph, provided to the person for ;vitom they are providuig services. erson or cira:znstance is held invalid, the (fl If any provision ofthis rule or its application to any p invalidity does not affect other provisions or applications of t5is rule teat can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable fcr building or construction conuacts adve.^,ised for bid by a gvvernmenta.k entity oa or after September 1, 1994• fiber it 1994 which~arle not equired bby law to e a e~rt~sed contracts entered into on or aver 5eptem , for bid. (h) The coverage require:ent ist this rule does not apply to motor car:ie~ who are required pant to Texas Civil Statutes, Article 6675c, to register with the Texas Deparunent of Transpvrtatioa and who provide accidental insurance coverage pursuant to Texas Civil Statutes= Article 6675c, § 4G). (i} The coverage requirement in'this rule does not apply to sole proprietors, partner's, and corporate 446.097 c ,and wha are explicitly excluded from officers wha meet the requirements of the Act, § ~) 74th i,egislature, coverage in accordance with the Act, § 4t3b•097{a} (as added by House Bill 1089, 1995, § 1.20). This subsection applies only to sole graprietors, partners, and corporate executive officers why are excluded from coverage in an insurance politry ar cez'uficate of authority to self-insure that is delivered, issued for delive:-y, yr renewed vn or after Januar,- 1, 1996. Saurce• The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective Noveuaber 6, 1995, 20 TexReg 8609. Return to Section Imdex HoricL :a ear~r~acsoRS - s R~~„~~ 1!13/981 g~~gg http://www.sos.state.rx.usitaci28/ITI110B/110. ] 1 Q.html ?aqe ' °_ PART C - FEDERAL WAGE RATES & REQUIREMENTS Page 1 of 3 General Decision Number: TX070063 08/31/2007 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 3 07/20/2007 4 08/31/2007 -- BRTX0001-005 05/01/2007 Rates Fringes BRICKLAYER .......................$ 20.00 6.50 * ELEC0278-001 08/27/2006 Rates Fringes ELEC"Y'RICIAN ......................$ 18.45 4.75+7$ * IRON0066-002 06/01/2007 Rates Fringes IRONWORKER .......................$ 17.40 5.00 * PAIN0130-001 07/01/2005 Rates Fringes PAINTER ..........................$ 15.15 4.42 * SUTX1987-002 03/01/1987 Rates Fringes CARPENTER ........................$ 9.96 Cement Mason/Finisher............$ 12.50 LABORER: Mason Tender...........$ 7.14 LABORER ..........................$ 5.85 Plumbers and Pipefitters (Including HVAC) .................$ 10.05 httpalwww.wdol.gov/wdallscafiles/davisbacon/TX63.dvb 2/4/2008 Page 2 of 3 Power equipment operators: gackhoe .....................$ 7.84 ROOFER, Including Built Up, Composition and Single Ply.......$ 9.2D 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 httpa/www.wdol.gavlwdol/scafiiesldavisbaconlTX63.dvb 2/4/2008 Page 3 or 3 review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7}. Write to: 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.} Tf 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 202].0 4.} All decisions by the Administrative Review Board are final. END OF GENERAL DECISION httpalwww.wdol.gov/wdollscafiles/davisbacon/TX63.dvb 2/4/2408 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 29TH day of JANUARY, 2008, by and between the CITY aF CCRPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and A].pha Building Corporation termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: ! In consideration of the payment of $81,379.77 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows; LITTLE MISS KICKBALL CONCESSION STAND JOB ORDER CONTRACT PROJECT NO. 3335 (TOTAL BID: $81,379.77) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds. addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 L _~, BUILDING CORPORATION First Choice For Facilities Renovation & Construction January 16, 2008 Mr. Angel Escobar, P.E. Director of Engineering Services CIO Mr. Ron Yoder City of Corpus Christi Engineering Services 1201 Leopard St. Corpus Christi, "texas 78401 Dear Mr. Escobar: We are pleased to present our proposal to construct a Concession Stand Building at Bill Witt Park far Little Miss Kickball Association. This propasal is based on the scope of work, and unit price estimate. Total cost for this work is: $ 81,379.77 Schedule for this work: Mobilization within 1 S days of N.T.P. and completion within 90 days of commencement. Please contact me at (351) 533-0293, should you have any questions regarding this matter. Sin erely, ~~ J ~~I ~~ t ~ ~ i t`iCJ ..~~, l~illl~illar Pj~' ~n~3a"~~ /virm Corpus Christi Area Office 5541 $ear Lane, Suite 201 Corpus Christi, Texas 78405 P 361-299-6292 h 361-299-b374 www.alphahuilding.com CREATING ENVIRONMENTS WHERE GREAT TNlNGS CAN HAPPEN Scope of Work Little Miss Kickball Concession Stand Drawings: None Specs: None Furnish labor, material, and equipment to: - _ Demolition: None Sitework: 1. Excavate area for 24' x 32' turndown building slab. 2. Insta116" compacted limestone base for slab. Concrete: 1. Instal124' x 24' building slab with 1 foot thick turn dawn at perimeter and rat ledge if required by building manufacturer. Additional 8' x 24' section atone end of slab to be separated by expansion joint. 2. Perimeter of slab to have 4 each #4 rebar, 2 at top and twa at bottom with #4 rebar stirrups. 3. Building slab to have #4 rebar mat 12" o.c. each way. 4. Slab to be 300psi concrete with trowel finish. Utilities: 1. Building utilities shall be connected to existing utility lines within 5 feet of the building perimeter. 2. Water and sewer shall enterlexit building through slab. 3. Building to have 4 floor drains. One in wet storage area, one in restroom, and two in food service area. Building: 1. 24' x 24' standard pre-engineered metal building with 10 foot eve height and pitched roof. Roof and siding to be metal. Roof shall extend an additional 8 ` at one end over the additional concrete to provide a service area. 2. Roof and walls to have R-T 3 insulation. 3. Building to have 2 each 3'x7' exterior doors and 2 each 3' x 4' single hung windows for dispensing concessions. Interior Finishes: 1. Metal stud and GYB walls. One interior wall approximately 8 feet in from the back wall with twa perpendicular walls to back wall to form 3 rooms approx 8' x 8' at rear of interior space. 2. One room to be completed as a unisex restroom with water closet, sink, minor, soap dispenser, single roll toilet paper dispenser, and towel dispenser. 3. One room to be finished as dry storage. 4. One room to be finished as wet storage (ice machines and water heater). 5. One 10' long interior partition wall approximately at mid line of building. One side of wall to have 10 if of base cabinets with double bowl stainless steel sink and opening for owner supplied and installed range. b. Ceiling to be GWD at 8' elevation AFF. 7. Walls and ceiling to be painted. 8. Floor to be painted with non-slip epoxy paint. 9. Interior doors to be hollow metal frame with wood doors 10. Exterior doors to be hallow metal frame with metal door. 11. Storage rooms to have passage sets. 12. Bathroom to have privacy set. 13. Exterior doors to have panic bar with exterior thumb la#ch and pull. Plumbing: 1. Install water closet and wall hung sink in restroom. 2. Install 50 gal. Water heater in wet storage room. 3. Install water and drain connection for 2 each ice makers in wet storage room. 4. Install double bowl stainless steel sink in base cabinet. Electrics: 1. Provide 200 amp distribution panel. 2. Install l ea. 2 x 4 surface mounted fluorescent light in each storage room. 3. Mount wall mounted incandescent light over mirror in restroom 4. Insta114 ea. 2 x 4 surface mounted fluorescent lights in food prep/ sales area. 5. lnsta113 each exterior wall pack high pressure sodium lights at building exterior. Two lights to be mounted under covered service area. One light to be mounted an the rear of the building. 6. Provide 240 volt outlets for range, 2 ice machines, and 3 coolers. 7. Provide 9 each, l l Ovolt duplex receptacles. Receptacles in wet areas to be GFI protected. 8. Provide power for water heater and HVAC HVAC: 1. Provide 1 each 5 ton roof ar pad mounted HVAC system. 2. Duct to be fiber duct board above ceiling with flex duct laterals to diffusers. 3. Provide 1 each ceiling diffuser in restroom, dry storage, and wet storage. 4. Provide 4 each ceiling dil~users in food prep/sales area. Notes: 1. Removal or demolition of any existing structure is NOT included. 2. Building utilities extend a maximum of 5 feet outside new building and tie in to existing utilities. 3. An electric meter is NOT included in this proposal. 4. All equipment to be furnished and installed by others. 5. Heat loads for the food service/storage equipment could nvt be calculated accurately. It would be advisable to calculate all heat loads prior to purchase of HVAC equipment and size the HVAC equipment accordingly. A S ton unit is proposed based on conversations with the building user. 6. The building is NOT designed for ADA accessibility. Corpus Christi United Little Miss Kickball, 1nc# "Nothing you do for children is ever wasted. " Descri tion De th Width Hei ht 1 Refrigerator 32" 32" 72" 1 Freezer 32" 32" 72" 1 Stove 28" 30" 36" 1 Ice Machine 45" 32" $0" 2 Coolers 24" 4$" 60" 4 Microwave 1$" 24" 14" 2 Fryers 12" 12" 12" 4 Crock Pots 12/18" Diameter x 10" 1 Shelf 18" 48" 72" 2 Stainless Tables 24" SO" 36" P. O. Box 7139, Corpus Christi, TX 78467-7139 (361) $84-4321 ~~ ~~ . `~J t=om -~ O -N: i i i~ ~~ :f ~: __ !r ~~o-~Vt c ~.~c. / b Up~ D f~, c~ r" v ~~ -~~:. ~ ~ ~ MSS i (~~J ~ u~~.' d GEC ~--- ~. ?~ f! 1 Gl ~ ~r :~ 1 Z '~ ~-/ TTY ~ /v~s~ c j~ ~ c.~'~irt'l_ ~. CotiCE~S/vim/ Si~7} ~~-- The Contractor will commence work within ten (i0) calendar days from date they receive written work order and will complete ~~ same within 105 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable far liquidated damages as set forth in the Contract Documents, City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: City Secretary APPROVED AS TO LE AL FO By: Asst. City Attorney ATTEST: (I tion) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) ., F', , CITY OF CORPUS CHRISTI i .~ ~Z ~ ~ By Ange Escobar, Tnterim Asst. City Mgr. of Public Works and Utilities ~~ ~ pz ~ ~ By; Kevin Stowers. Interim Director a# Engineering Services CONTRACTOR Al ha Buildin Co o ation By: Tit 1 e : Kathleen Acac President 5441 BEAR LANE, STE. 201 (Address) CORPUS CHRISTI, TX 78405 (City) (State}(ZIP} 361/299-6292 * 361/299-6374 (Phone) (Fax) Agreement Page 2 of 2 .~~~~„ Al11HUW~t- a~ P E R F O R M A N C E B O N D Bond No. 2083264 STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Alpha Building Corporation of NUECES County, Texas, hereinafter called "Principal", and North American Specialty Insurance ~o~any corporation organized under the laws of the State ofNew Hampshire , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of EIGHTY-ONE THOUSAND, THREE HUNDRED SEVENTY-NINE AND 77/100 ($61,379.77) 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 Carpus Christi, dated the 29TH of JANUARY 20 08 , a copy of which is hereto attached and made a part hereof, for the construction of: LITTLE MISS KICKBALL CONCESSION STAND JOB ORDER CONTRACT PROJECT NO. 3335 (TOTAL BID: $81,379.77) 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 (~.? year from the date of completion and acceptance of improv~:ments 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 an 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-~., 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 29th da y o f January 2 0 08 PRINCIPAL Alpha Building Corporation By: Kathleen Acock, P1'eSicienr (Print Name & Titley ATTE V Secre ary f t/ (Print Name) SURETY North American Specialty Insurance Company gy ~ .. ~, S _ Attox ey-in-fact ... Lawrence L. Rhodes ..;'~ •~". (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Wm. Rigg Co. Lawrence L. Rhodes 711 N. Caranchua, Suite 514 Corpus Christi, TX 78475 Phone Number: 361-215-8076 (NOTE: Date of Performance Bond must nat be prior to date of contract)(Revised 9/02J Performance Bond Page 2 of 2 P A Y MEN T B O N D Bond No. 2083254 STATE OF TEXAS ~ COUNTY OF NUECES ~ KNOW ALL BY THESE PRESENTS: THAT Alpha Building Corporatio of NUECES County, Texas, hereinafter called "Principal", and North American Specialty Insurance Cgmpany a corporation organized under the laws of the State of New Hampshire , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of EIGHTY-ONE THOUSAND, THREE HUNDRED SEVENTY-NINE AND 77/100 ($81,379.77) 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 29TH day JANUARY 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: LITTLE MISS KICKBALL CONCESSION STAND JOB ORDER CONTRACT PROJECT NO. 3335 (TOTAL BID: $81,379.77) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 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. 7.19-1, 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 29th -- da y o f ,Tamar 2 0 _Qg_ . PRINCIPAL Alpha Building Corporation By Kathleen Acoc President (Print Name & Title} ' .- ATTEST r V . Secre ry ~' ~ ~~ / ~~ (print Name) i• SURETY North American Svecialty Insu By , . Attor y-in-fact • .c; (Print Name ) ~ ~ - j. p The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Wm. Rigg Co . Contact Person: awrence L. Rhodes Address: 711 N. Caranchua Suite 1 Corpus Christii, TX 7$475 --.__...__-.--___.___--_.--_.___-. Phone Number: 361- (NOTE: date of Payment Bond must not be prior to date of contract} (Revised 9/02) Payment Bond Page 2 of 2 NAS S>JRETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY ~ KNOW ALL MEN BY THESE PRESENTS,'1'HAT North American Specialty insurance Company, a corporation duly organized and existing under laws of the Stale of New Hampshire, and having its principal office in the Cily of Manchester, Ne+v Hampshire, and Washington ln[emalional Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca. Illinois, each does hereby make, constitute and appoint: LAWRENCE L. RHODES, BRADLEY D..101-INSON MARILYN CALL-IOUN and STEVEN E. WHITE JOINTLY OR SEVERALLY r Its tme and lawful Attorney(s)-in-Pact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each ofsaid Companies, as surety, on contracts of suretyship as are or may be required or pclmitled by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount o1': TEN M1LL[ON (10,000,004.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority ol'the following Rrsolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Ilttertational Insurance Compauy al meetings duty called and held on the 24a' of March, 2000: "RESOLVED, that any hvo of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attonyey qualifying the attorney named in the given Power of Allortey fo execute on behalf of the Company bonds, undertakings and all contracts of surely, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is E~UR1'HER RESOLVED, that the signature of such officers and the seal of the Compauy may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract ofsurety to which it is attached." \~a~+NUrYpIJy ~~Q~G o~~G4~ J ~ ~tiOMR ~°~• ~~~ t 'tiG •• ~ ~ ~~~' ' - By ~ s COltl'[1FRTE1" U? $IeAL .o. 1Q79 'rn = Y~, ~ w' ~~ 5reeenP.Auderwn,Preeidrnl&CdlerEsecutlreOrcttrarWashinglonlnrrrn+rionallmunncrCompany& Vin presidrnl or North An.rrun Specialty lorur.ocr Cumpaay s ~ ~ ~ ~ It L ~ C ARIIDah s e p ~ f a Y Daritl M, Layman, Virs Preaidml of Wuhin~rpn roternnienal rnsunncr Company & Virc PMaidenr ofNerth Ametiea Speriaay Ituurxntt Company IN WITNESS WIIEREOF, North American Specialty insurance Company and Washington btiemational Insurance Company have caused their official seals to tae hereunto affixed, and these presents to he signed by their authorized officals this l2th day of December , 2006 . North American Specialty Insurance Company Washington international Insurance Company Starr of Illinois County of Du Page ss: On ibis 12th day of December , 20 06 ,before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of Washington intcmalinnal Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington Inlernationai Insurance Company and Vice President of North American Specialty Insurance Company, personally known to mc, who being by me duly swam, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective wmpanics. `""oFF1c1AL s1:AL° /~ G ~~~ SUSAN ANSEL ~ ~'~~^' tvdarY t~i+d~c, Slsleot ttifxis Susan Ansel, Notary Public Iky Commotion E><xire! I+S120o6 -'~~ 1, lames A. Carpcn[cr ,the duly elected,-^ Assistant Secretary of North American Specialty Insurance Company and Washington International insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power ofAttomcy given by said North American Specialty Insurance Company and Washington International insurance Company, which is stilt in full force and effect. 1N W1'['NESS WHEREOF, I have set my hand and affixed the seals ofthe Companies this Zgt~day of January , 2008 ~--~~~~ !ernes A. Carpmler. Vice PtesidGN A Auisranl Sacretwy of Washington Intemationa] ]nsura„rr Company k Nonh American Spewalp~ Insurance Company IMPORTANT NOTICE In order to obtain information or make a complaint: You may contact Jim Carpenter, Vice President - Claims, at 1-800-338-0753. You may call Washington International Insurance Company and/or North American Specialty Insurance Company's toll-free number for information or to make a complaint at: 1-800-338-0753 You may also write to Washington International Insurance Company and/or North American Specialty Insurance Company at the following address: 1200 Arlington Heights Road #400 Itasca, IL 60143 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800-252-3439 Yau may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512} 475-].771 Web: http://www.tdi.state.tx.os E-mail: ConsumerProtectionCa7tdi.state.tx.us PRENIIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the Washington International Insurance Company and/or North American Specialty Insurance Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become apart or condition of the attached document. AVISO IlIIPORTANTE Para obtener information o para sonneter un queja: Puede comunicarse con Jim Carpenter, Vice President -Claims, al 1-800-338-0753. Usted puede lIamr al nurnero de telefono gratis de Washington Interna~onal Insurance Company and/or North American Specialty Irisarance Company's para information o pars someter una queja aI: 1-800-338-0753 Usted tambien puede escribir a Washington International Insurance Company and/or North American Specialty insurance Company al: 1200 Arlington Heights Road #400 Itasca, II. 60143 Puede escribir al Departmento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al: 1- 500-252-3439 Puede escribir al Departmento de Segnros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: httn://www.tdi.state.tx.us E-mail: ConsumerProtecfion(a,tdi.state.ix.us DISPUTES SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un recIamo, debe corr~unicarse con el Washingtop International Insurance Company and/or North American Specialty Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el Departmento de Seguros de Texas. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de infromacion y no se convene en pane o condition del documento adjunto. r 1 ~.~~ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS :ity of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to ~rovide the fallowing information. Every question must be answered. If the question is not applicable, answerwith "NA". ~IRMNAME_~1.p g or, oration tTREET: 24850 B1 anco Rd. CITY: San Antonio T x ZIP: 78258 IRM is: 1. Corporation X 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS f additions! space is necessary, please use the reverse side of this page or attach separa#e sheet. I. State the names of each "employee" of the City of Carpus 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) _ _ 2. State the names of each'bffictal" of the City of Corpus ChNstl' having an "ownership interest" constituting 3°k or more of the ownership in the above named "firm". Name Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 396 or more of the ownership In the above named "firm". Name Board, Commission or Committee None 4. State the names of each employee or officer of a "consultant" for the City of Carpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 396 or more of the ownership in the above named "firm". Name Consultant None CERTIFICATE I cert~y that ail information provided is true and correct as of the date of this statement, that I have not knowin$ry withheld disclosure of any information requested; and that supplemen~l statements wii! be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Persan: Kathleen Acock Title: president (Type or Print} Sisnature of Certtfyin~ Person: ate: CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) `ACORD 01/04/08 ,,, PRODUCER 1-713-978-6668 THIS CERTIFICATE IS fSSU1=D A5 A MATTER OF INFORMATION wm. Rigg Co. - xouetam ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDI=R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1D777 vPeatheimez ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL0W. Suite 36D Houston, TX 77092-3454 Larry Rhodes INSURERS AFFORDING COVERAGE NAIC # INSURED ti C INSURERA Travelers Lloyds Insurance Company on ozpora Alpha Building 1NSURERB:Charter Qa3t: 83zs Insurance Company 24850 Blaacc Road INSURER C:Travelere Indemnity Company o! CT SuiCe 20D San Antonio, TX 78258 INSURER D: The Travelers Indemnity Com any INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTEp BELOW HAVE BEEN ISSUED TO THE INSURED NAMEII ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RE(1UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER pOCUMENT 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 TI=RMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REpUGED BY PAIp CLAIMS. INSR OD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMRS A OEHERALLIABILiTY C00324L15807 03/Qfi/07 03/06/08 EACH OCCURRENCE 51,000,000 X COMMERCIAL GENERALLIABIIITV ~ PREMISES Eaoc~srence S 300, 000 CLAIMS MADE OCCUR MEDEXP{Anyonaparson} ;5,000 X BBL $1,OOD,400 PERSONAL&ADVINJURY 5 1,OD0,000 GENERAL AGGREGATE 52,ODO,DOD j/ 6EN'LAGOREGATELIMITAPPLIE3PER: PRODUCTS-COMPlOPAGG S2,DO0,O0D POLICY ~ PR4 LOC B AUT OMOBILELUU3ILITY EA9994B612 03/06/07 03/06/D8 COMBINED3INGLELIMIT / 1 X ANY AUTO (Eaacddenty , ODO, D00 d 5 ALL OWNED AVTOS BODILY INJURY SCHEDULED AVT03 (Per peresx3} S X HIREDAUTOS 84DILYINJURY X NDNAWNEOAUTOS {Paraccttlant} S PROPERTY DAMAGE P S ( er atxidenl- GARAGE LUU3ILRY AUTOQNLY-EA ACCIDENT S ANY AUTO OTHER THAN EAAGC S AUTOONIY: AGG E C EXCESSAIIABRELLALIABILITY CUP54618367 03/06/07 03/06/08 EACHOCCURRENGE S 3,400,000 X OCCUR ~ CLAIMS MADE / AGGREGATE 5 3, 000, 000 S DEDUCTSILE 5 X RETENTION 5 1D, OOD S D yyORKERSGOMPENSATIONAND VB9834C372 03/06/07 03/ D8 X WGYTATU- OTH- EMPLOYERS~ LU-BlurY R PARTNERIEXECUTIVE ~ E.L.EACHACCIOENT 1, a o o, o Ii o S ANY PROPRIETD I OFPICERlMEMBEREXCLUDED7 E.I. DISEASE-EA EMPLOYEE S1,OD0,OD0 Hyyeeee daedF6eunder SPEGUILPROVISIDN3halow E.L. DISEASE-POLICYLIMR 51,000,000 A O)QQVIPI~IT FLOATER 4T6604543L912 03/06/07 03/06/08 L6AS8D & It1;N'P6D 100,D00 A BVILD$RS RISK QT66D4543L912 03/06/07 03/06/06 Aay One Pzoject 3.OOO,OOD DESCRIPTION OFOPERAT10N3I LOCATIONS JVEHICLESI EXCLUSIONS ADDED BY ENDORSEMENTlSPECIAL PROVISIONS DI1SC PROJBCTB A& RHQFJIRBD. The City of Corpus Christi is named Additional Insured on all General Liability and Auto Liability policies where required by orritten contract. CERTIFICATE FiOL[]tK i.AN4CLF-AI IUN ZO DAYH NOC FOR NOTT-RAYDSSNT OF PREMIUM City of Corpus Christi 8agineering Services ACtns Sylvia Arriaga po Box 9277 COrpLLS Christi, TX 78469 U8A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES eE CANCELLED BEFORE TrHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 'DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, t3UT FAILURE 70 DD SO SHALL IMPOSE NO OSLIOATION OR LIABILRY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Y ACORD 25 (20011Q$}basal3UY ~ACORD CORPORATfON 19$8 7925948 IMPORTANT If the certificate holder is an ADDITIONAL INSURi=D, 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 1S WAIVE!], subject to the terms and condi#ions 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 ar 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 Dare SUPPLEMENT TO CERTIFICATE OF INSURANCE o1,a4,fl~ Alpha Building CorporAtioa Alpha Building Corporation ~ COMMEIRClAL GENERAL L{A9i'LITY POLICY NUMBER: CQg3241a11S80T iSSIl1:13ATE: 3J6J07 - 3fb1~8 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ fT CAREFt1LLY iIADDITIONAL INSURED (CONTRACTORS) This endorsement madlfres insurance provided under the following: COMMERCIAL Giwf~>=RAI_ i,fA81LiTY COVERAGE PAf2T COMMERCIAL GE~lERAL LIABILITY - CONTRACTOft3 COVERAGE PART SCHEDti!LE NAMI OF PSRSON(5) Oft OROAf111ZATIt7fV{S): City of Corpus Christi Engineerix-g Services ATTN: Contract Administrator P.p, Box 4277 Corpus Christi, Texas ?8468-92T7 PROJSCT1LflCgTfON Of` COVEF~ED QPERATIDNS: Various projects for City of Corpus Christi 1. WHO t5 AN ENSURED -- jSectfon ii) is amended td include the person or organization shown in the Schedule above. The person ar organization does oat qualHy as an additional insured with respect to the independent acts or omissions of such person or organizatJan, 'Fhe person or 4rganizaGon is only an additional inserted with respect to liability caused by '~raur work" far that additionai insured at tr7e location shewrr in the Schedule. 2. The insurance provided to the additions! insured i5 limited as follows: a) In the event that ttre limits of [labirlty stated in the potioy exceed the limits of liabiiity required by a written contract ar thr-itten agreement in effect dtrdng this policy period and signed and executed Isy you prior to the loss for which coverage is sought, the insurance provided tsy this endorsement shop bs }united to the limits of iiabgity required by such contract ar agreement. Tkris endorsement shall not in- crease the limits stated in Section Iq -LIMITS (~F INSURANCE. >,) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- ertydamage", "personal injury" ar "advertising Injury" ageing out of 9h architect's, engineer's or surveyor's rendering of or failure to render any professional servirxs including: I. the preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifi- cations; and H. Supervisory or inspection activ~Ees per Fanned as part of any related archltectirral or engineering activities. c) This insurance does oat apply to "badNy in- jury' or 'property darnage' caused by 'your work" included in the "praduets-completed aperstians hazard' unless you are required to provide such coverage for the addiflonai in- sured by a written contract or written agree- ment In effect during this policy period and signed and executed by you prior to the lass for whictl coverage is sought and then only for the period of time required ty such con- tract or agreement and In na event beypnd the expiration date of the policy. 3. Subpart (1)(a) of the Pollution ~cciusion under Paragraph 2., Ercclusions of Bodily Injury and Property Damage Liability Coverage {5ecllon I - lroverages) does Trot apply to you if the "bodily Ct3 pZ 471[162 Copyright, The Travelers indemnity Company page i of 2 COMMIrRCIAL GiwNERAL i.fABILITY injury" or 'property damage" arises out of 'your worm' performed on premises which are owned or rented by the additionaE insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any ether valid and coliedlble insurance available to the additional insured whether primary, excess, con- tingent ar an any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the foss for which cavera,ge is sought specifically requires that title insurance apply an a primary or nun-Contributory basis. When this in- surance is primary ahd there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the poicy. 5. As a condition of coverage, each additional insured must: a.? Give us prompt written notice of any "occur- rence" ar offense which may result in a claim and prompt written notice of 'suit'. Page 2 of 2 b.) immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy cohditians. c.j Tender th$ defense and indemnity of any claim or "suit" to any other insurer which also insures against a foss we cover under this endorsement, This includes, bu# is not limited to, any ?usurer which has issued a policy of insurance in which the additional Insured qualifies as an insured. Far purposes of this requirement, the term "insures against" refers to any self-insurance and to any insurer which issued a policy of insurance chat may provide coverage far the loss, regardless of whether the additional insured has actually requested tha# the insurer provide the additions! insured w}th a defense andlor indemnity under that policy of Insurance. d.) Agree to make available any other insurance that the additional 'insured has for a loss we cover under this endorsement. Bradley D. 3ohnson W Vice President CopyrEght, The Travelers Indemnity Company CG Dx 4710 BZ Alpha Building t;arporat:fan COMMERCIAL AUTO POLICY iVUMEER: BA9994B612 ISSUE DATE: 3-6 -07 t:o 08 THiS ENDORSEMENT CHANGES THE P'OLtCY. PLEASE READ iIT CAREFULLY. ~ DESIGNATED INSURED This endorsement madit3es insurance provltied under the following: suSINESS AUTO COVERAGE FORM QARACiE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement ident~es person(s) or organization{s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Farm. This endorsement does net alter coverage provided in the Coverage Form. SCHEOULfw dame of Persons} or Organization{s}: City of Corpus Christi ~r Engineering Services AT1'N: Contract Administrator P.t], Bax 9277 Corp~ss Christi. Texas 78469-9277 {if no entry appears above, infonnatian required to complete this endorsement wiq be shown in the Declarations as applicable to the endarssmens.) Each person ar organization-shown In the Schedule is an "insurers" far t.iabillty Coverage, but only to the extent that person or arganixatian qualities as an "Insured" under the Wha Is An lnscrred Pravistan contained In Section 11 of the Coverage Form. Rt Bradley D. .Tahnson Vice PresidenC CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Alpha Building Corporation I POLICY NUMBER: C043Z4L}.5807 1r ISSUE DATE: 3/5 /al - 3~6~/0$ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY EARLIER NOTICE OF CANCELLATIONINONRENEWAL PROVIDED BY US -- TEXAS This endorsement modifies insurance provided under the following: Bp1LER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY COMMERCIAL EXCESS LIABkLITY {UMk3RELLA) INSURANCE COMM1RCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART -CONTRACTORS CDMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME COVERAGE PART DELUXE PRaf'ERTY COVERAGE 1=0RM EMPLOYEE BENEFITS LfABILITY CDVERAGE PART 1"XCI=SS (FQLLQWING FORM) LIABILITY INSURANCE FARM COVERAGE PRRT LiQtlOR LlAB1LITY COVERAGE. PART PRODUCT5ICOMPLETED OPERATION5 LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PRDTEGTIVE LIABILITY COVERAGE PART SCt~EDULE CANCELLATIOI~f: Number of Days Notice: 34 (Thirty) WHEN WE DO NOT RENEW {Nonranewai): Number of Days Notice: 30 (Thirty} NAME: City of: Corpus Christi Engt,neering Services ADDRE55:ATTN: Contract Administrator P.4. Box 9277 Corpus Christi, Texas 78k69-9277 A. For any statutorily permitted reason other than nonpayment of premium, the number of days s- quired for notice of canceitation, as provided in the CONDITIONS Section of this insurance, or as amended by any appltcable state cancellation endorsement applicable to this insurance, is n- creased to the number of days ahvwn in the SGi1E0ULE above, B. For any statutorily permitted reason other than nonpayment of premium, the number of days s- quired for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this insurance, yr as amended by any applicable stale When We Oa Not Renew (Nonrenewal) endorsement applicable to this n- surance, is increased to the number of days shown In the SCHEDULE above. C. We will mail notice of cancellation or nonrenewal or ma#erial limitation of those coverage forms to the person or organization shown In the schedule above. We will mail the notice at least the Nu tu- ber of Days indicated above before the effective date to our action. . . _ ~~ Bradley D. Johnson Vice 'resident IL FO ZB 09 98 Copyright, The Travelers indemnity Company, 1998 Page 1 of 1 Alpha Building Corporation POLICYNt1MBER: BA4394B6~2 COMMERCIAL A111'0 15StJE DATE: 3 " 6"2007 to 08 THlS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFU[,LY. NOTICE OF CANGELLATIO~V This endorsement modifies Insurance provided i}y the fallowing: 8i3SlNESS AlfTfl COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRl1CKER5 COVERAGE FORM SCt~EDULE 1. Name: City of Corpus Christi Bngineering Services Address: ATTN: Contract Administrator P.O. Box 9277 Corpus Christi,, Texas 78k69--4277 2. Number of Days Notice; 30 (Thirty) (if no entry appears above, information required to oamplete this endorsement wi11 be shown in the Declarations as applicable to this endorsement.y PROV1StON5 We will malt notice of cancellation or material iimilation of these coverage towns to the person or organization shown above. We wail mail the notice at least the Number of [Jays indicated above before the affective date of our ecticn. CA Y3 25 04 93 Bradlee D. Johnson Vice President Page 1 ofi 7 WpRK$R5- CQMPSNSATION AND El~LOYSRS LIABTLIT7f xNStJRANCB RALIC7f NC 41 06 Ol (gd. 7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy became Texas is shown in item 3.A. of the Information Page. In the event of cancelation 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 ehcwn in the Schedule. This endorsement shall not operate directly pX indirectly to benefit anyone not named in the Schedule. Schedule 1. Nur~bea: of days advance notice: 3fl ~1 2. Notice will be mailed to: City of Corpus Christi Depaactment of EngS.neering sertirices Attn: Contract Administrator P.O. goat 9277 Caxpus Christi, TX 78469-9277 This endorsement changes the policy to which it is attached and is effective en the date issued unless otherwise stated. {The information below is required only when this endorsement is issued subsequent to preparation of tha policy.) Endorsement Effective 3-6-07 to Policy Na. UBg83~-C37 ~~ndaxae~ae No. -W~6+2E}601 3-6-p8 Ensured Alpha Building Corporation Insurance Company Travelers Lloyds C~untexsigned By: Insurance Gompany Braille ,Tohnsoa WC 42 06 41 Name (Printed}: y (Ed. 7-89) Title {Printed): Vice President ATTACHIVIENT 3 • 30F3 GErIER.AI. ENDORSEMENT Name of person or organization insured Alpha Building Corporation Date this endorsement takes effect 31607 tO 08 indorsement Numbcr Policy 1tiTumher QT6604268R86A ~ policy Period 315107 to 08 ~~tx~~c !Installation 1~laater ~' 1\laIIIB OfCOmpany iSSUing tll],S endorsement Travelers Llovds Insurance Cgmnag,v (We will nat fitl in the above unless we issce this endorsement after we issue your policy) In consideration of no change in premium, add the following as an additional insured: City of Corpus Christi: Departrnent of Eangineering Services '`'~ P.O. Box 9277; Attn: Contract Administrator Corpus Christi, TX 78469-9277 Should the above described policy be cancelled or materially changed before the expiration date thereof, the issuing company will mail 30 days written notice to the aho~ve named. ~e/~ J 3igr:ature: Authorized Agent flradley D. ,3ohnsorc Vice President ATTACHMENT 4 loft KK-GL00