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C2008-190 - 4/29/2008 - Approved
r, w G ;' Q 2008-190 M2008-109 04/29/08 ;, Schindler Elevator Corp. . . S P ` E ~~. I' R , I CAT .I 0 fN'' ~. ~~ ,, . A N D ;. NTR~ 'C T,5 A.ND BONDS + k ~l I' 45 ~ . a sP.~ nu'. e cf{ s 4 _ a 'Ff y3 (p_- `-1~ Li a s' 3 t 4y 5 a f ~y`/ C ~ ~b ~ ~ ~~~~ ~~ ~ ~~ J ~ , -.we '° - ~-. it E .i~•v wy- ' -d+. 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Fax Transmission Department of Engineering Services Major Projects Division City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 826-3527 Fax: 826-3501 To: ALL PLAN HOLDERS Date: Mazch 28, 2008 From: Kevin Stowers y:~-- L ''~~~~Pages: 3 (including fax sheet) Interim Director of Engineering Services Subject: CITY WIDE ELEVATOR REPAIRS PROJECT N0.4348 Addendum No. 1 Comments: This fax transmission includes the entire signed Addendum No. 1 from Dykema Architects, Inc.. This addendum increases the working time for the project and modifies and/or clarifies numerous technical specifications. *' TIME AND PLACE OF BID OPENING SHALL REMAIN UNCHANGED. Prospective bidders are hereby notified of the following modifications to the contract documents. These modifications shall become a part of the contract documents. All provisions of the contract documents not specifically affected by the Addenda shall remain unchanged. ADDENDUM NO.1 ~• ~ City of COI'pl1S Mazch 28, 2008 C~lY'1St1 ~~ TO: ALL PROSPECTIVE BIDDERS PROJECT: CITY WIDE ELEVATOR REPAIRS PROJECT N0.4348 Prospective bidders are hereby notified of the following modifications to the contract documents. These modifications shall become a part of the contract documents. The provisions of the contract documents not specifically affected by the addendum shall remain unchanged. I. PART A -SPECIAL PROVISIONS PARAGRAPH A-6 TIME OF COMPLETION DELETE: The workine time for this project will be 90 calendar davs. ADD: The workine time for this DroieM will be 210 calendar davs II. PART T. TECHNICAL SPECIFICATIONS SECTION 14000. ELEVATOR REPAIRS A. PARAGRAPH 1.06-MAINTENANCE DELETE: This Pazagraph in its' entirety. CLARIFICATION: No maintenance is required under this contract, only Warrsnty cer Daraeraoh 1.05 is required B. SCOPE OF WORK 1. Various Locations (41. Elevator (reDairl Der item number A17.1- 8.6.1.6.5 (alll ADD: 2. Police Station Elevator (repair) Der items A17.1- 211.3a and 211.3c (alll CLARIFICATION• Provide new or make ezistine Phase I and Phase II Sre service recall equipment Function Drocerly. ADDENDUM NO. 1 Page 1 of 2 3. Airport Escalator repair cer items A17.1- 8.6,8.1 (alll DELETE: These items at all locations. Not Required under this contract. 4. Airport Elevator repair cer items A17.1- 2.27.2 (alil DELETE: These items at all locations, Not Required under this contract. 5. Airport Elevator repair cer items A17.1- 2.26.4.1(alll DELETE: These items at aU locations, Not Required under this contract. 6. Airport Escalator renair cer items A17.1- 8.6.8.6.1(onel DELETE: This item at Decal #044558. Not Required under this contract. The time and location of bidding shall remain unchanged. Please acknowledge receipt of this addendum, ip the appropriate place on your PROPOSAL FORM. END OF ADDENDUM N0.2 ADDENDUM NO. 1 Page 2 of 2 F O R M S 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 O F C O N T R A C T S A N D B O N D S F O R CITY WIDE ELEVATOR REPAIRS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 02/26/08 rROJECT N0: 4348 Project #4348 City Wide Elevator Repairs CITY WIDE ELEVATOR REPAIRS PROJECT N0.6348 Table of Contents NOTICE TO BIDDERS NOTICE TO CONTRACTORS - A Insurance Requirements DA0729 NOTICE TO CONTRACTORS - B Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A -SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Defmitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 DisposaUSalvage of Materials ^ ~~ (NOT USED) A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification ^ ~ i n.,.•e,,, e: „ (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Requved (Revised 7/5/00) A-24 Surety Bonds NO LONGER APPLICABLE (6/11/98) A-26 Supplemental Insurance Requirements ~4 27 n _ ..:t•:r..., c . n......,,.,. ni..:..... (NOT USED) r~ A-28 Considerations for Contract Awazd and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requvements A-33 Conditions of Work A-34 Precedence of Contract Documents 02/26/08 TABLE OF CONTENTS 1 OF 2 Project #4348 City Wide Elevator Repairs DA0729 NOT USED A-36 Other Submittals (Revised 9/18/00) ~i 37 "...^..a^a n".....,.,..^..,^«« .,«a ^w^.^^ c . ~v^«^. ~......;..~.va t,.. «we !•:~.,n NOT USED A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates ~"r"' ^°^^^ "a^°"^^'NOTUSED A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (a/z6/99) A-45 As-Built Dimensions and Drawings (~/5/00) NOT USED ~ n e n... n,...,,«....,.«:,... ~.,..~,....«,..., ~.,,.......«:..«., ivi<inm NOT USED A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guazanty" (8/24/00) A-50 Amended "Prosecution and Progress" PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T - TECHNICAL SPECIFICATIONS DIVISION 2 -SITE WORK Section 02821 - Chain Link Fences and Gates DNISION 14 -CONVEYING SYSTEMS Section 14000 - Elevator Repair LIST OF DRAWINGS - (8'/x X 11) SKE-ME-1 AMERICAN BANK CENTER SK-E-1 AMERICAN BANK CENTER SK-E-2 AMERICAN BANK CENTER SK-E-3 CITY HALL SK-E-4 C.C. INTERNATIONAL AIItPORT SK-E-S C.C. INTERNATIONAL A)1tPORT SK-E-6 ELECTRICAL NOTES NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TABLE OF CONTENTS 20F2 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: City Wide Elevator Repairs; Consists of repair and maintenance work on 38 vertical lifts located at various locations throughout the city. All work shall be constructed in accordance with the plans, specifications and contract documents. Proposals will be received at the office of the City Secretary until 2:00 p.m. on April 2, 2008, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 10.00 a.m. Tuesday, March 25, 2008 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5$ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5°s bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no/100 _ Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($15.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Kevin Stowers Interim Director of Engineering Services /s/ Armando Chaps City Secretary NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May, 2006 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of 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. Explosion and Collapse Hazard 9. Underground-Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 6. 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 ^ REQOIRED X NOT REQUIRED Page 1 of 2 ^ The City o£ 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 of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S CO:dFENSATION COVERAGE FOR BUILDING OR CCNSTRIICTION PROJECTS FOR GvVERNMENT ENTITIES Texas law requires that -ost contractors, subcc::tractors, and others providing work or services for a City building cr construction prc;ect must be covered by worker's compensation insurance, authorized self-insurance, or an approved worker's compensaticn coverage agreer.:ent . Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries to the job site) ~o provide 1 of the 3 forms of worker's compensation. coverage, the C_ty will require such coverage for all individuals providing work or services on this Project at any time, including during the mai:~e_^_ance guaranty period. 'rotor carriers which are required to register with the Texas Depart^ent of Transportation under Texas Civil Statutes Article 6675c, and which provide accidental insurance coverace under Texas Civil Statutes Article 6675c, Section 4(j) need not provide 1 of the 3 forms of worker's compensation coverage. The Contractor agrees tc comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of which is attached and deemed incorporated into the project contract. Please note that under secticn 110.110: 1 certain language .~.ust be included in the contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; Che Contractor .s required to submit `_o the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and the Contractor is required to post the required notice at the job site. By siccing this Contract, the Contractor certifies that_= will timely com~l;• with these Notice to Ccntractors "B" requirement=_. NOTICE :O CONTRACTORS - (Reviaea 1/13/98) Page 1 of 7 e/7 /9& Title 2S. L~iSL,~R..-~\CE Part II. TEXAS «'ORIiERS' CO'41PENSATION COiVIV1ISSION Chapter 110. REQliIItED NOTICES OF COVER~.GE Subchapter B. El'IPLOYER NOTICES § 110.110 Reporting Requirements for Building or Construction Projecu for Governmental Entities (a) The following words and ternts, when used in this retie, shall have the following meanings, unless the context clearly indicates ou4erwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of cove:tige (ce.^.incat~i-.-_ copy ofa cerificate of ~^suranee, a certificate of authority to self-insure issued by the commission, er a workers' compensation coverage ageement (TWCC-S 1, TWCC-S2, TWCC-83, or TWCC-S4), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration ofthe project. (2) Buildin¢ or construction-izas rite meartittg defined in the Texas Labor Code, § 406.096(e)(1). (3) Contractor-A person bidding for or awazded a building or consuvction project by a governmental entity. (4) Coverage-Workers` compensation insurance meeting the statutory requirements of the Texas Labor Code, § 401.011(44). (5) Coverage agreement-A written aQreer::eat on form TWCC-S1, form TWCC-32, form TWCC-S3, or form TWCC-84, filed with the Texaz Workers' Compensation Commission which establishes a relationship between the parties for purposes ofthe Texas Workers' Compensation Act, Pursuant to the Texu Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be respopsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project-Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the govemrnental entity. (7) Persons providine sen~ices on the project ("subcontractor" ir. § 406.096 of the Act)-« ~~ the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities penorming all or part of the services the contractor has undertaken to perform on the project, regardless o: whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors. leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity fi:tr3shing persons to perform services on the project. "Services" includes but is not limited ,- 907LCE i0 CONTRACYOAS - ; Revised 1/1]/9e1 g/~/gS hnp:i/www ses.state.rc.us/tac123/II/l IOB/110. i 10.htm1 pdQe z ac ~ :o prc•.::::rs, `=;:ling, or deii•; Bring eeuipment er ::z:eriais, cr ~rc~iding labor, traaspo::a:icn, or oche: service :,,.,.,.c to a projec.. °Se.-vices" does not i:c:.:ce aairaies un:eiated to the prole ~. s•.:ch s fooo,•~everase vendors. c~ce supply desveries, arm delivery of portable toilets. (8) Prciem-~.cludes the erc•.ision of all services related to a buiirang or construction co::tact for a govetr......: W~ enrity. (b) Providing or causing to be provided a certifice:e of coverage pursuant to this rule is a representaacr. by the insured that all employees of the insured who are proviaing services cn the projec a.-e covered by workers' compensation coverage, that the coverage is based on proper reportine of classification codes and payroll amounts, and that aL coverage agreements Fave been filed With Lie 2DDiODriatC insurance carrier or, in the case of aself-insured, with the commission's Division of SeL*"-Insur2.ce Reguiatior_ Providing false or misieaaing ce.•~ficates of coverage, or failing to provide or r: airttain required coverage, or failing to report any c:.ange that materially aiiecs the provision of coverage may ssbject the contractor or other person providing services on the projec to administr*dve penalties, ctirainal penalties, civil penalties, or other civil actions. (c) A gover^ mental entity tint enters into a buildiig or consttuc~on contract on a projec stall: (1) include ir. tae bid specifications, all the provisions of paragraph ('n of this subseaie4 using the language required by paragraph (7) of this subsec:ica; (Z) as part of the contract, using the language required by paragraph (~ of this subsection, require the contracor to perform as repaired in subsection (d) of this section; (3) obtain i om the contracor a certificate of coveaee for each person providing services on the project, prior to that person beginning work on the project; (4) obtain iiem the conL-actor a new certificate of coverage showing extension of coverage: (A) before rise end of the cut-.ent coverage period, i.FLrte contracor's current certificate of coverage shows that the coverage pe.^sod ends during the duration of the project; and (B) no later LF.an seven days aver the expiration of the coverage for each other person proviaing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the dtuation of the project and for three years therea&er, (6) provide a copy of the ce:.ificates of coverage to the commission upon request and to any person entitled :o them by law; and (7) use the laguage contained in the following Figure 1 for bid specincations and contraes, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: T28S 110.110(c)(7) tbl NOTICE TO CONTRACTCAS - 3 Revised 1/13!981 http://www.sos.state.tx.us/tae'~3/U/1108/110.110.htrnl as°` 3 oe ' 8/7/°8 ~) A contractor shall i) provide coverage for its empicyees croviding services on a project, : ti:e dtuation of the project used on proper reposing of classi ca:?oa codes and payTeii amounts arc ^~:: g of any coverage greements; .;2) provide a certificate of coverage showing workers' compensation covezge to the governmental entity prior to beginning work on the projecr, (3) provide the governmental emir,; p.^:or to the end of the coverage pe:ied, a new certificate of coverage showing extension of coverage, if the coverage period shown on the comractot's current certificate of coverage ends during ti:e duration of the project; (4) obtain from each person providing services on a project, and provide to rite governmental entity: (A) a certificate of coverage, prior to that person b~+*~ ±*g work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on :::e project; and (i3) no later thaw seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required cetificates of coverage on file far the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of nay change that materially aii`ects the provision of coverage of any person providing services on the project; (7) posit a notice oa each project site informing all persons providing services on the project that they are required to be covered, and stating how a person tray verify aurent coverage and report failure to provide coverage. This notice does nos satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worlccr population. The tea for the notices shaIl be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. i -~s includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-440-3789 [o receive information on the legal requirement for coverage, to verity whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." NOTZC*_ :O CONTRACTORS - 0 ::ttp://www.sos.state.tx.us/tad28/k7/1108/110.110.htm1 0.evisec tiraiser g/7~98 Pa4e ~ of 7 ~s TAG 1: x.11 u ::oxide seniccs o:: z ~ro~ea to: .•ire °~aca person with «•'ror.::: contracts (8) cc:.t:zc:,:aily rec.. (A) provide coverage based on proper reporti:.z of classification cades and payroii ar..ounts and filing of any coverage ac3ee^:ers for a.'' of i:s empioyees providing services en the proie~ .for the duration of the project; (B) provide a certificate of coverage to the conn2etor prior to that person beguuti:.g 'Fork on the praje~ ; (C) include is aII contracs to provide sewices er. the project ~ e ianguaee in subsea en (e)(3) of this section; (D) provide the contractcr, prior to the end of t're coverage pe.^:o0. a new carufioa" of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom is contracts, and provide to the con:rzcor: (i) a cetificate of coverage, prior to the other person beattning work on the project; =.^.d (u~ prior to the end of the coverzge period, a new certificate of coverage showing erension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (17 retain all required ce~.ificates of coverage on iile for the duration of the project a^•d for one year thereat'ier, (G) notify the governmental entity in wntmg by certified mail or personal delivery, vithin ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (~ coaQactually require each other person with whom it contracs, to perform as required by subparagraphs (A)-(Fi) of this paragraph, with the certificate of coverage to be provided to the person for whom they arc providing services. (e) A person providing services on a project, other than a contractor, shall: (1} provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounu and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services en the project, prior to beginning work on the project; (3) have the following language in its contra to provide services on the project: "5y signing this contract or providing or causing to be provided a certificate of coverage, the Person sinning this contract is representing to the governmental cntity that all employees of the person signing this contrzc: who will provide services on the project will be covered by workers' compensation coverage NO?ICE TO CONTRACTORS - e Revlaed rr_~i9e~ 8/7/98 httoJ/w~.uw.sos.state.tx.us/tad28/II/1108/110.IIO.httnl Page s ~t ~ .... .. . for t::e d~.:ration of ~ e project, that the cc ~ erage will be based on proper reporting of classification codes and payroll a.:.ounu, and that all cove:zge agreements wiil be Sled with the appropriate insurance carrier or, ::. the case of a self-insured, with tl:e commission's Division of Self-Insurance RegLiztion_ Proviaing false or misleading i:.ion:~ation may subject the contractor to administrative penaltes, crbttinal penalties, civil penalties. or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current cetificate of coverage, a new certifieata showing extension of coverage, if the coverage period shown oa the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under cormact to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the gad of the coverage period, a new certificate of coverage showing exteasioa of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the projec; (6) retain all required certificates of coverage oa file for the duration of the project and for one year therea$er, (~ notify the governmental entity in writing by certified mail or personal delivery, of any change that materially afibcts the provision of coverage of nay person providing services on the project and send the notice within tea days aRer the person }mew or should have known of the change; gad (8) contractually require each other person with whom it conrracu to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agrcements for all of its employees providing services on the project, for the durarion of the project; (B) provide a cerrificate of coverage to it prior to that other person beginning work on the project; (G7 include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person begituring work on the project; and (a~ prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the http://www.sos.state.cc.us/tad28/II/1 tOB/110.110.htm1 "°rICS ro °°"r"'„~r°`~ - B 8/7/98 Revised 1/13/981 Pane 6 of T .5 tr~~. i:v.iiv duration ci :ie contras.: (~ retain ail required ceri.°'ca:es of covetaee on file for the duration o: the project and for one year thereaite~ (G) notify the governme.^.tai a^tiry in writing by cerufica snail or personal delivery, within ten days after the person knew or should have lrnown, of any change that mate.^.aiiy affects the provision of coverage of any person providing services on the project; anti (I~ contractually require each person with whom it contracts, to perforn as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the cerniicate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or cireW^nstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or constnlction contracu advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or consuuctioa contracu entered into on or after September 1, 1994, which arc not required by law to be advertised for bid. (h) The cgverage requirement in this rule does not apply to motor cariers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide acciderrtal insurance coverage ptirsuaat to Texas Civit Statutes, Article 6675c, § 4~. (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requiremenu of the Act, § 406.097(c), and who are explicitly excluded from coverage is accordance with the Act, § 406.097(a) (as added by House ]3x711089, 74th Legislature, 1995, § 1.20). This subsecion applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in as insurance policy or cerrificate of authority to self-insure that is deliverea, issued for delivery, or renewed on or after January 1, 1996. Source: The provisions of this § I 10.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609. Return to Section Index NOTICE TO CONTRACTORB - B Raviaed 1/13/981 8n/98 http:l/www.sos.state.tx.usitad28/II/11oB/I10.110.htm1 p=v= ~ ~t ~ PART A SPECIAL. PROVISIONS CITY WIDE ELEVATOR REPAIRS PROJECT NO. 6348 SECTION A - SPECIAL PROVISIONS A-1 Time sad Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2.00 p m Wednesday April 2, 2008. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - CITY WIDE ELEVATOR REPAIRS PROJECT NO. 4348 A pre-bid meeting will be held on Tuesday, March 25, 2008, beginning at 10:00 A.M. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A-2 Definitions and Abbraviationa Section B-1 of the General Provisions will govern. A-3 Description of Project City Wide Elevator Repairs; Consists of repair and maintenance work on 38 vertical lifts located at various locations throughout the city all in accordance with the plans, specifications and contract documents. A-4 Method of Award The bids will be evaluated based on the following order of priority, subject to availability of funding: 1. Total Saae Bid. - or- 2. Total Base Bid PLIIS Additive Alternate No. 3. Total Base Bid PLIIS Additive Alternate NO. No. 4. -or- 4. Total Sase Bid PLIIS Additive Alternate N0. 5. Total Base Bid PLIIS Additive Alternate No. No. 3. Contractor shall guarantee bid for 60 days. 2. -or- 2 PLIIS Additive Alternate 1. -or- 1 PLIIS Additive Alternate The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Section A - SP (Reviee8 12/15/04) Pnge 1 of 22 Sxplaaatioa of Proposal Base Bid: Consists of repair and maintenance at various locations throughout the work on 38 vertical lifts located city. Additive Alternate No. 1: Relaminate Elevator Panels with stainless steel for Elevator A (6'-8" x 4'- 3"), American Bank Center Arena. Additive Alternate No. 2: Relaminate Elevator Panels with plastic laminate for Elevator A (6'-8" x 4'- 3"), American Bank Center Arena. Additive Alternate No. 3: Relaminate Elevator Panels with stainless steel for Elevator B (5'-6" x 5'- 8"), American Bank Center Arena. Additive Alternate No. 4: Relaminate Elevator Panels with plastic laminate for Elevator B (5'-6" x 5'- 8"), American Bank Center Arena. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proaosal The following items are required to be submitted with the proposal: 1. 5$ Sid Soad (Nuat reference CITY PlIDB BLSVATOR RBPAIRS, PROJECT NO. 4348, as identified in the Proposal). (A Cashier's Check, certified check, money order or bank draft from any State or National sank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 90 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. Section A - SP (Revised 12/15/04) Page 2 of 22 A-7 Workers Compeasation Inauraace 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 Proposals Proposals faxed directly to the City will be considered non-responsive. _ Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wa4e Rates (Revised 7/5/00) Labor preference and wage rates for SVILDING. - Minivman Prevailing Wage Scales The Corm,a Christi City Council has determined the general Prevailing minimtnn hxarly wage rates for Nueces C>lmty, Texas as set out in Part C. The Contractor and any subcontractor must mt pay less than the specified verge rates to all laborers, vorkcnen, and mechanics anployed by them in the execution of the Contract. The Contractor or subc~tractor shall forfeit sixty collars ($60.00) per calendar day, or portion thereof, for each laborer, worlmiazi, or med~anic cloyed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subc~tractor must keep an accurate record showitxJ the names aixl classifications of all laborers, worlaren, and mechanics employed by than in coisiection with the Project and abasing the actual wages paid to each corker. Section A - SP (Revised 12/15/04) Page 3 of 22 The Contractor will make bi-weekly certified payroll sulmittals to the City Engineer. The Contractor will also attain copies of such certified payrolls fran all subcaltractors ald others working on the Project. These documents will also be suYmitted to the City ~*+~+- bi-weekly. (See section for-Mimrity/Minority Business Enterprise Participation fblicy for additional xequiramnts cancexning the prgxr form and mntent of the payroll submittals.) One arri one-half (ly,) times the specified knurly wage must be paid for all hours worked in excess of 40 knurs in ally one week and for all hours worked on Surdays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Cooperation with Public Agencies (Revise3 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (48) hour entice to any applicable agency when wank is anticipated to proceed in the vicinity of any facility by using Dig Tess 1-800-344-8377, the Lome Star Notification Cargany at 1-800-669- 8344, and the Verizon Dig Alert 1-800-483-6279. For the Contractor's calvenience, the follwring telephone rnnr~bers are listed. Cyty gy3irwP.- 826-3500 Project Architect 882-8171 Dykana Architects, Inc. Traffic Engineer 826-3540 Police Department 882-1911 Water Department 826-1880 Wastewater Department 826-1818 Gas Department 885-6900 Storm Water Department 826-1881 Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1970 AEp 299-4833 SBC / A T & T 881-2511 Signal/Fiber Optic Locate 857-1946 Cablevision 857-5000 ACSI (Fiber Optic) 887-9200 CenturyTel 225/214-1169 ChoiceCom (Fiber Optic) 881-5767 CAPROCK (Fiber Optic) 512/935-0958 Brooks Fiber Optic (MAN) 972/753-4355 A-12 Maiatenaace of Services (826-3140 after hours) (826-3140 after hours) (885-6900 after hours) (826-3140 after hours) (361/693-9444 after hours) (800-824-4424, of ter hours) 857-1960 (857-5060 after hours) (Pager 800-724-3624 (225/229-3202 (M) (Pager 850-2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at 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. section A - SP (Revised 12/15/04) Page 4 of 22 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 aad 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. A 14 Construction 8quipraent Spillage and Trackiag 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 or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. SeCtioII A - SP (Revised 12/15/04) Page 5 of 22 A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 Field Office NOT IISED A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on rar.gNpAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 46 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of Section A - SP (Revised 12/15/04) Page 6 of 22 the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. • ,ter _ ~op_-a~_r.. ~~.. ..,... _ /• -.A F'I ..,., 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. Section A - SP (Revised 12/15/04) Page 7 of 22 A-21 Project Signs NOT IISBD A-22 Minority/Niaority Business Saterprise Participatioa Policy (Revised 1o/5S) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minoritypersons 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) For an enterprise doing business as a corporation, at least 51.0 of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled Sectioa A - 6P (Revised 12/15/04) Page 8 of 22 The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0 or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0$ of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0$ of whose assets or interests in the corporate shares are owned by one or more women. 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 perforned by the joint venture. 3 4 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 Business 8nterprise (Percent) Participation (Percent) 0 $ 0 $ 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. 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. Section A - SP (Revised 12/15/09) Page 9 of 22 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 Inepectioa 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 after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Soads 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 (10~) 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 reinsurers 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 Sales Tax Exemption (NOT IISED) n 8 6 2~, Taae Eseemptieat P~ev~s~en a^,^`^a "'' •'" Section A - SP (Revised 12/15/04) Page 10 of 22 ^ v~ y y--c3t~e , 3EeFHg~B~ ..tee. e€ °_, •• ' '"__ ___ , •• __ __ a..a-~-_ .. ,. .... .- .- __-- _ - •+--_ .., e ~„~rPrra mat}ve ee~ e _~ v,.,~r _, _ ..~ _~ ...,. - ,: 3 -~ - 4L.- 4 - - - -wed eert~~ae~-- :x - ., .,r___-- ---- ,...._ r A-26 Supplemental Insurance Remliremeata For each insurance coverage provided in accordance with Section B-6-11 of the _ Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material chan e to: - 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (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. Section A - SP (Revised 12/15/04) Page 11 of 22 For each insurance coverage provided in accordance with Section 8-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Respoaeibility for Damage Claims NOT IISED . J -. t ~ ~-. > -. Ei~g~-~txallq~eeegte tie FrejeeE~,=~.-r-)e~ail~-r~-°i~-~- ~~s~Qa~~ .. r ................. tr .. .............. ......M e..i l A.-, - e: .L ~.. r ~ 1 1 ~ y7 ~ t~et~raFtee save-rage, t~xe~xdi~r~-a~~~E}e~e~ible. ^'w- •• ~ L.. _ __a ----------- -------- --- ---1 ~------- ~--~-----_ ----- --------- --•--___. A-28 Coasideratioas for Contract Award aad Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. Section A - SP (Revised 12/15/04) Page 12 of 22 A-29 Contractor's Field Adm+^+stratioa 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 perfoxmed. 2. Foremen, if utilized, shall have at least five (5) yearn recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. Zf such approval is not obtained, the award may be rescinded. Further, such written approval is also necessaxy 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 Ameade8 "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not Section A - SP (Revised 12/15/04) Page 13 0£ 22 clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-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. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts oa behalf of said entity. A-31 Amended Policy am ~ctra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for arty extra vx~rk for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also aclawwledges 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 "8xecutioa of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: section A - aP (Revised 12/15/04) Page 14 of 22 The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements (NOT IISBD) P~re~--be-gee€e~'ming-we~)e ^'" F __a _,.,. ..F t € ~~--'-, --_,....__.. _ ~ae e~e E tar, a een / F -n3el 34~F' 6}t t P e~~6ent~aete~-oaf~z¢ e~se @#tq tAate~ BePa~smen ~-.. _ ill b t ...,._: ..,a e ~eg~am w 9~rent-ate e---F _,.___~ , Section A - SP (Revised 12/15/04) Page 15 of 22 d -- _,^ ^ a}~ --~.. nt weed in the ~e A~ ~ ....-'- ' n eg ~ a p e T t~ane~ €a<te~, se~ns~ a~~a€rex, a~-#negee€}en a€-gxmge- ~- ~a~ o~~t € e...u--::nie€i-eee~ t A t € d~e.:.rt~~-ee~tae t--wz €~1=po-t~ ~e~,*a~ a tienai &tatlda~de ^ /** -~I ~- -r, _ ~~ _^, ~ ~xe~ ea~ ee~ e~m- 3 a __: c: _ _a.....a o r ` _ t~------ - ------------ - } j mss a€ th '-e eentained a€ a€€ t - v~€~-n t be a~~ewed '"L- °--"'r - ^' } t h e ~ ew nQ ~ae r e -- ----r ---- ----- ----- -- -- - na r~......~ ~r ~~'~ r .r y~ ..., - _1 .~. .~. a : F° ° .mil l _ _rL _ i' c §l th t ~~rhzte °--L - --' ----- .._:a_.r _..... ........: a_. ~ ax---e-r~tige, -'--" e, . e ~evide te' e ktenes € e~ Eent~aet e~ e r 191 .._i i_1 __L__ ~ .._ _v_ ~. _ ..i g ~~.~ :9.~L. le F'_._ /1__i__ ~L..... _t ____ __- ____~ C R€' e t t v lai _1 ~ee mrlet he en ~ae e~ Ei d i t d= e t ~ :: e t - B t m nt et a€€ "„ .^L:^, ^^ es gna e ~ 1 i } - ~ 1 a e - ega~ d-::iEn- -b e eetA an ~ . ame '^^,°. .°° -~ :ea~ } i hi b :a b e e N d p } St + ~: . ate~'F~ea•t-xte nt F~ ant-; „ ee~r-e~ ,-e e ewe . -°-~~ e tea o ~> -- -^~ ~ t b i v hie ~ee --.,_:.._ L,.... .,. m ae s i P t t e n eemgan} AlHet net e ' ^-••- rL° a°^; °.,~°a e~ emg e en ~ae _... ...a.... } see rL.._ .._L ....... L..: l a:...... ..FH °r fL°r- f_ ... ........: ....•a ... ....1. f i e t t i€i ti /c •'^° n,.,•~^fl~ nnn,~ rac„_ e~ @aa ~ en ~ae ea ene ..a L. . rL.. ..,: F<.. , fLr L..l .... TL : .. net iim 4ted t e medi€ieatien s ..a a:r ,.P , °- i t i i -d h ~ i~ a^ ~i§~atier e ~- ba e'-- g~amm nQ ex a exr e s ng- e t g g;j g g Sectioa A - SP (Revised 12/15/04) Page 16 of 22 __. - .a i its ana- ~ hue -s-y ahem }Hess °~a bl-I -u - -, : " pr a ..." ..a ~_ r _ .,a ~r 3 L - 4 ,......~ c - _a- ..ce rr .,, ~ ' 5 4~ ' :FJ .. - nenh €H~~ ,~ ^''^F -a _..a --a -..a ] -pef m 7 - ~ and- he ' }h ~eg~am tie -sye~ em° ea ege • ~s ..Mi-L ~ 41.c ^F -, , .., ..-' N ..L e.nf- rnL... -.. LL: . . no.--~~aehie ai y lan wiii be - -,. ..«:., ~L~ ' _„ _a...... ,l, c:,,,.a - -g ~ the ~.a2,~~s-~e~ tri~ed he s 33erv hhe-Prep= a h -~++ ~-~~eg~am ze m~ng-phase .. . n'~-~..,,.,,e ..C LL. _ ~. i - -- . _.] ..L .__ Ll ....1~.. •._v - -, _ --L a _..a mL.. A-36 Other Submittals Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. Section A - SP (Revised 12/15/04) Page 17 of 22 c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Reaubmittala: 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. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement sad Charge for Water Etiraiehed by the City" NOT II38D ..,~ G.. t.,....: ,. , l G,.. _ .. a n Section A - SP (Revi"ed 12/15/04) Page 18 of 22 -,.., :..,...~ c-.,. ..,.......-:..,. ;,, ~e~~e eenstxtle5~en meeting _ ~ , , ,_^ _~ .,... ,,, , ~ti twv-..~~_...f Worker's Compensation Coverage for Building or Construction Projects for The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy sad Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision 8-8- 9. A-40 Amendment to 3ectioa 8-8-6: Partial 8atimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory NOT II58D _ ~ ~ __~ a,.._ .-e - aT3 r a T` -'°'- ^~ -Eeatt~aebe~--a~et:t eserte ale~5 'r ~,.<_ _ _ _- _ r ..,.,. .,a. - ,.a ~,.,. -_, A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. Section A - Sp (Revised 12/15/04) Page 19 of 22 A-44 Chaaae 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-HUilt Dimensions sad Drawiaga 0/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disposal of Highly Chlorinated water (7/5/00) NOT IISSD t-he wat~-~par~ie~xla~l~~--ter}gn lev'els~~enlaai~xe, w}}} He tiae~ €e~ dieitr€ee~iea, ~~eeed t-he-paz=miseihle }€mi€e €e~ ~i-se€ta~ge~s wetlan-'~--a~° envireninertt~ll~+--se~xiibzve-a~~e.3s. ------ --- - _...__..»., --_------ -1 - ageae4ee -••~~EE, EPA; __ ..-__ _., ..._.. .,,.. __..r......;_i_; _, __ __...r _i ..____ ____ __~____-._____ __ -__ __~-_-___1 -~_______ ___ ____ -.__r-_-_ __ all-ivate~~aed is t~ie~re~ee~. the me€~ke~s~~i~~l ^ :Q^}l~r-~.'-_i•~~o elxle~ir~atea--:..^te~. Eeatrae€e~~ie}1-x~s~the~iti ' ~--~anibaxx~~ewe=-syc3tefi A-47 Pre-Coastructioa Exploratory 8xcavatione (7/5/00) NOT II38D piepooed=pigs}iates~~t-ke~~e}ee€~+x~--men€raete3~:R}}~••rvea t-ke~t ~------ ---- ------------ --------- -- ----- --------_ ---- _----------1 ------------_ =_ ------ Pe~ e~ieE~s~fri-ga}rtes--wl3ieh--garalle}~^~~-xe w4th~n-lea €eeE '~' ^')-~ grogssed~ige}irte^ ,~~~.._=pre~eet: ----------- ------ -----~--- ---- ---r--- ---- e~ibir-rg---pigs}i~es~a;<iawm e€ 309-fee€ O-E. --~ n--`-^-`-- ^'~^„ ^ c__~ iedieati~lg t-ke~wne~~gzge~ines a*eavated-~~a~~e}~ed, aB~:e}}~-tie sp?xexiiRate statiea E#teree£, dietanee €e E}ie-~a~emefrt ee~rt e~}i~e~x~ Section A - SP (Revised 12/15/04) Page 20 oY 22 ..L LL. ~ .-~~ ~ J t -„ L L i. i. VLe ~ i i, r l .~ ~-.estab~ie~tea-ax~ii-pee-a€-~avemen~-Pateh}ng ^'"„ -~''" A-48 Overhead 8lectrical 9Pires (~/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Mainteaaace Guaranty" (S/24/o0) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: -- "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus .. Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Amended "Prosecution and Progress°. Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract. Section A - SP (Revised 12/15/04) Page 21 of 22 SIISMITTAL TRANSNITTAL FORM PROJECTS CITY NIDB ELEVATOR REPAIRS; PROJECT No. 4348 090NBR: CITY OF CORPUS CHRISTI ARCHITECT: DYKEMA ARCHITECTS, INC. CONTRACTOR: SIIBMITTAL DATE: APPLICASLB SPBCI', OR DRA9VING 3IISMITTAL NOMHER: SIIBMITTAL Section A - 6P (Revised 12/15/04) Page 22 0£ 22 PART C FEDERAL WAGE RATES AND REQUIREMENTS Page 1 of 3 General Decision Number: TX080061 02/08/2008 TX61 Superseded General Decision Number: TX20070063 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 02/08/2008 BRTX0001-005 05/01/2007 Rates Fringes BRICKLAYER .......................$ 20.00 6.50 ---------------------------------------------------------------- * ELEC0278-001 08/27/2006 Rates Fringes ELECTRICIAN ......................$ 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 Power equipment operators: Backhoe .....................$ 7.84 http://www.wdol.gov/wdoUscafiles/davisbacon/TX61.dvb 3/6/2008 Page 2 of 3 ROOFER, Including Built Up, Composition and Single Ply.......$ 9.20 TRUCK DRIVER .....................$ 7.50 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter -- * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in l.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator http://www.wdol.gov/wdoUscafiles/davisbacon/TX61.dvb 3/6/2008 Page 3 of 3 U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdol/scafiles/davisbaconPI'X61.dvb 3/6/2008 A G R E E M E N T THE STATE OF TERAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 29TH day of APRIL, 2008, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Schindler Elevator Corporation termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $280,533.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CITY WIDE ELEVATOR REPAIRS PROJECT NO. 4348 (TOTAL BASE BID: $280,533.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 :~c~ BASE SID: ~aU ADDITIVE ALTERNATE NO. 1: $ 11~ N_ ADDITIVE ALTERNATE NO. ' ~ ""~ BASE BID: I .i NO. 3: $ l n~ ALTERNATE NO. 4: $ BID SUNR~lARY $ BASE BID plus ADDITIVE ALT. No. 2 ,~.~D_ BASE BID plus ADDITIVE .~oFr plus ADD TIVE ~/_ BASS BID ~ TIVS ALT. No. B BID plus ADDITIVE ALT. No. plus ADDITIVE ALT. No. PROPOSAL FORM PAGH 3 OF 6 4 1 1, 3 ~~ ~ `® ~, ~©y ~~i~7~~~ The Contractor will commence work within ten (1U) calendar days from date they receive written work order and will complete same within 210 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTE (~-- City Secretary CITY O~' CORP~O,S CH/RISTI By: ,,~~'`.. 6zs of hinge R. Escobar, Interim Asst. Cit Mgr. of Public Works and Utilities APPROVE AS TO LE L P~S'. ~ ~ ~~ By: I By: Asst. City Attorney Kevin mss, Interim Director of Engineering Services ATfiE9T~ o oration) ('~~aT $elow)~ ~TCtb! It' 81'~X'+A~., ~~. for t t~+~'~rpoistio~ ,ls aaat 2ra~~,t, M i V4•e a~'~h Bopg of authorisation `~` siga9 Y Schip~evator Corporation Title: 12961 PARR CW~aT• #1460 (Address) SAN ANTONIO, TJC 78216 (City) (State)(ZIP) 210/490-7000 * 210/490-1338 (Phone) (Fax) Agreement Page 2 of 2 ~, ~~' b AUTHORIIEu BT COUNGIL...~2-0~~ "~~W-~~ ~~SFfRET~ Schindler Elevator Corporation Certification 1, John S. M. Karnash, Vice President and Secretary of Schindler Elevator Corporation, do hereby certify that the following elected or appointed olffcers and managers of Schindler Elevator Corporation hold the positions shown opposite their respective names: R. W. Hess Interim Chief Executive OfTicer S. L. Stadelman President, North American Operations R. H. Y. Watanabe Vice President and Chief Financial Officer J. S. M. Karnash Vice President, Secretary & General Counsel W. V. Fiacco Region Vitt President - New York Region M.J. Lukov Vice President - New York-Construction/Modernization J. A. lannaccone District Manager - New York - Servitt and Repair R. E. Delaney District Manager - Long Island T. F. Donovan Bnnch Manager - New York -Repair E. T. Mach Region Vice President - Great Lakes Region M. ]. Etter District Manager - Detroit T. D. Lewis DiatriM Manager - Milwaukee P. A. Long District Manager - Lansing (Western Michigan) C. J. Maurath District Manager - Downtown Chicago J. E. Peterlin District Manager - Suburban Chicago R. O. Romnes District Manager - Minneapolis E. T. Mach Acting Bnnch Manager - Indianapolis J. E. Ritter Branch Manager - Madison S. P. Williams Branch Manager - Des Moines J. R. Addy Area Manager - Omaha T. R. Dziadosz Area Manager - Ann Arbor P. A. Lytikainen Area Manager - Grand Rapids B. R. Baker Region Vice President - Northeast Region M. S. Bernhard District Manager - Pittsburgh C. G Davie District Manager - Boston J. M. Davis District Manager - Cleveland P. L. Hall District Manager - Bull'alo D. A. Hontz District Manager - Hartford M. E. Kerehner Bnnch Manager - Toledo C. P. Morgan Bnnch Manager - Cincinnati S. P. Walsh Bnnch Manager - Columbus P. E. Layton Area Manager - Syracuse M. A. Robbins Area Manager - Albany S. M. Spieker Area Manager - Akron /Canton R. L. Keen Region Vice President - Atlantic Coast Region D. A. Brodbeck District Manager - Transit T. P. Caine District Manager - Richmond R. T. Falduti District Manager - Charlotte W. O. Lippman, III District Manager - Philadelphia W. P. Partridge District NI Manager - Washington DC S. F. Ryan District Manager - North New Jereey F. C. Zell District Manager - Washington DC P. C. Harty Branch Manager - Baltimore C. M. An ersch Bnnch Manager - Raleigh D. T. Walton Branch Manager - Allentown R. J. Borland Region Vice President - West Central Region D. A. Bender District Manager - Dallas P R O P O S A L F O R M F O R CITY WIDE ELEVATOR REPAIRS PROJECT NO. 4348 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL PORM PAGE 1 OP 6 P R O P O S A L Place: C~ 1 r Date: ~i ~*~i•° I .r~.(_~~~~ f /- Proposal of ~ ~" ~9 i EV h ..~ ~a. ~'" ~(_' ~1-~' j ~ i~ ~Pc- (~ , a Corporation organized and existing under the laws of the ~~ State of ~~;~~~~ OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: CITY WIDE ELEVATOR REPAIRS Project No. 4348 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: PROPOSAL PORM PAGE 2 OP 6 BASE BID: ADDITIVE ALTERNATB NO. 1: $ ~,, ;~ t~ 'J ADDITIVE ALTERNATE NO. //( ~ r I L~~'? ADDITIVE ~E NO. 3 : $ ~ ,`~ ~ ~'?f3 IVE ALTERNATE NO. 4: $ ~ ~ ! ~ ~ .~` BID SiTNlNiARY ~j®d ~ ~-~~ .® BA38 BID: $ `~ D ~~~ ~ 1~ BASB BID plus ADDITIVB ALT. NO. 2 $ ~~I~ t:~C7 BASE BID plus ADDITIVE AL -® plu8 ADDITI I+~~. $ V`"' BA38 BID 1 ~~D I ALT. No. 1 BASE plus ADDITIVE ALT. No. 1, plus ADDITIVE ALT. No. 3 ~~~s~ ICl $ 1 PROPOSAL PORM PAGE 3 OP 6 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of Sg of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Susinesa Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. ~% ~ Time of Completion: The undersigned agrees to complete the work within 9' calendar days from the date designated by a Work Order. - The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): (SEAL - IF BIDDER IS a Corporation) NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Respectfull ~sub~tted: "'- Name : "' (SIGNATIIRS) Address: (P.O. Box) (Street) ~~ (~..4on~o ~ 78Z~b (City) (State) (Zip) Telephone: Zoo 4R0 -looo (Revised August 2000) PROPOSAL FORM PAGH 4 OF 6 Bond No. PRF89?b591 P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Schindler Elevator Co oration of BEXAR County, Texas, hereinafter called "Principal", and Col Mpizcan-('asvalty and Surety Crn~ny corporation organized under the laws of the State of [Maryland , 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 TWO HUNDRED EIGHTY THOUSAND, FIVE HUNDRED THIRTY-THREE AND NO/1D0 ($280,533.00) ooziARS, 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 of APRIL 20 08 , a copy of which is hereto attached and made a part hereof, for the construction of: CITY WIDE ELEVATOR REPAIRS PROJECT NO. 4348 (TOTAL RASE BID: $280,533.00) Now, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed. thereunder. Performance Bond Page 1 of 2 This bcnd is given to meet the requirements cf Article S1o0, 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 Aqent Resident in [dueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters zrising out of such suretyship, as provided by ?st. 7.19-1, Vernon's Texas Insurance Code. IN WSTL4ESS WHEREOF, this instrument is executed in 4 copies, .each one of which shall be deemed an original, this the 27th day of May 20 03 ruzNCZaA~ By: Shelburne, District Manager aTxas , J\ `' ~ LIlOALP inda L. Presfield, Not y Public ~avc°r"Mlaslo"~eP~Res (Print Name s Title) ~•~ ~~~~' SIIR~TY Colonial Auerir~n Casualty atd Surety Ca~gxmy By: ,J C'" ' Atto ne - fact Jinn. a P Nam t ~ ~ A .The Riasa.clent;=%Ayent of..the~.: Sure ty `.?zx~:.~~NUeces. County; 2`e.Sas,.;.~for. deYi~rezy'of noti'ca and-service. of'proceas is ' Ageacp: Contact Parsov: diddress: Pfiona Ynwber Borden Insurance .Allen G. Borden, Executive VP 210 S. Carancahua, 4th Floor ('Orpuc (7~ri ~; t _T7C 784()1 "'fib-65[3 (NOTE: Date of Performance Bond must not be prior to date of con tra ct)(Revi sed 3/OB) Pe r£orrmnce Bond Page 2 oP 2 Bond No. PRF892b591 A Y M E N T B O STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: TEAT Schindler Elevator Corporation of BEXAR County, Texas, hereinafter called "Principal", and Colonial American Casualty and Suretv Camiany a corporation organized under the laws of the State of i~yland , 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 TWO HUNDRED EIGHTY THOUSAND, FIVE HUNDRED THIRTY-THREE AND NO/100($28p,533.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SIICH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 29TH day APRIL , 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: CITY WIDE ELEVATOR REPAIRS PROJECT NO. 4348 (TOTAL BASE BID: $280,533.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. - Payment Bond Page 1 of 2 Shis bond is given to meet the r=quirements 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 Rgent 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. TN T4STbTESS FIH&REOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 27th day of hby , 2p ~ District Manager ATTEST •e``"`~:=, LINDALPRESFIEIp L nda L. Presf ield, No ry Public MYCOMMISSIDN EXPIRES "-' = .~'" (Print Name & Title} ~ a,<p; ;;:` July 13, 2011 sCIRETY' :.Tlza Resi.dent~_iAyent: of.<:the~ Stiretp :iII~: ~Nueces: COrwty,:~~T~xas,~,~..foz-;, de2rv~azy~o~ notice-and s~azvl:ce oP~ process 'is: ~~` Agz~ncy: Borden Insurance ' contact Pexaon ~_ Allen G. Borden, Executive VP Address: ~_ 10 S..(~aran ua, 4 Floor -~`orpus ~Fi 'sit, Phoae Fcuaber: (NOTE: Date of Pey,m_nt Bond u¢~s t. not Fz pr1oY to date of contract) (Revised 3/00) eayment Boyd Page 2 of 2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALI. MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. HURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Companies, which are se[ forth on the rev side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, n ~ point Jeannette PORRINI and Stacy RIVERA, both of Farmington, Connecticut, EAC Its-t~1i ~~n~w a d Attorney-in-Fact, to make, execute, seal and deliver, fot, and on its behalf as curet ~ `~i-wed s ads and undertakings, and the execution of such bonds or unde n e a 1 be as binding upon said Companies, as fully and amply, to all intents ° ° e n cuted and acknowledged by the regularly elected officers of the C ~n~>' eir own proper persons. This power of attorney revokes that issued on~a ¢ ea ~' ~jW'ER, Dawn M. GODFREY, dated August 22, 2003. "f he said Assistant Se t oes ~ e exffact se[ forth on the reverse side hereof is a tme copy of Article VI, Section 2, of the By-La ~ s, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of August, A.D. 2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY By: Grego E. Mu ~ Assistant Secretor Theodm~e G. Martinez V e President S[a[e of Maryland 1 ss: City of Baltimore f On this 6th day of August, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. HURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed. [he preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto written. set my hand and affixed my Seal the day and year first above _~~~ _ Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 POA-S 142-0587A COLONIAL AMERICAN CASUALTY AND SURETY COMPANY me 3910 KESWICK ROAD, BALTIMOaE, MD 21203 e ~ Statement of Financial Condition CompaNes As Of December 31,' 2006 ASSETS Bonds..::. ...:..... ....:.:: ....:.::. ....::::: ..:::.::: :..:.:::. .::..:..... $ 22,185,373 Cash and Short Terminvestments .:.:.:... .,.'.:.::: ....:.:.: ..' ..::.: . .. ...::.'.... fi,426,959 ReiostuanceRecoverable .......:: ......>:: ....:.::. .....:.:: ......:. .....:.'..... (1,091,324) Other Accounts Receivable .....::,: ....:.::: ::::::..; ...::.::. .....::.. .......:... 4,413,b21 I TOTALAUMI'fIEDA5.SE7S.:::: .....:::. .....::.: .::.....: ......:i. -.:.r....:....$ 31,934,624 ISABFFFTIF;S, SURPLUS AtiD OTI3ER FLIVDS Reserve foi'I`azes and Expenses'.>: .....:, :: :.......: ...:::.. ......:: ..:.:.::.... '. 5,017 Ceded Reinsurance Premiums Payable ..„.a:: :...:..::. .:.::.: ......:a .. ...!.::... 3,Q42,468 Securities Fending Collateral FiabrCrry ....::::. :.:...:.: ,:.:..:.: :.:...:.. .....;::.... 5,648,053 TOTAL LuEluTlES .....:::: ....:.::: ::...::.. ...:::.:: ::.:..:.. ....:.:::.... $ , 8,b45,538 Capifal Stock, Paid Up :........ ...:.:.. :.:.::... .! ..:::.: ....:.... $ i,000,OW Surplus,:. .....:::: ::....:.: ....::::: ........ °.-...:. ....:.:. 18,239,1)91 Surplus as regards Policyholders.: ..::::... ...:.!::. ...::.:.. ,.:....:: '' .. 23,239,04I TOTAL STATEMENT VALUE ..: ......._ _. ......._ ..:...... ...:...:. ..:::::....$ 31,434,b29 Securities carried at $5,457,197 nr the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2006 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $32,267,822 and surplus as regards policyholders-$23,572,284. I, DAVIDA. BOWERS, Corporate Secretary OP the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, d0 hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 200b. C ^' Corpornie Secretary State of Illinois City of Schaumburg _ ~ 5S: :. SubscnUed and surom to, before rne, a Notary Public of the Statebf Illinois, in the City of $chamnburg, this 20th day of March, 2006. ww~+.nrovt' /~ QFFICIALSEAI ~ ~Qxls`~'..7-r+~~"- h1ARL0 G SARABYN - NOTARY PUBLIC -STATE OF iLLINQIS _ - - Notary Poblic : fA'C{ihtMiSSIUN EXPiRES:11f25A7 o ~ Fidelity and Deposit Company of Maryland Home Office: P.O. Boy 1227, Baltimore, MD 21203-1227 IMPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-654-5155 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute cdncemin~ the premium or about a claim, you should first contact Fidelity and DepositCompany of Maryland or Colonial American Casualty and Surety 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 a part or condition of the attached document. sssa3ttrx~tosrotl P E R F O R M A N C E B O N D STATE OF TE7CAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Schindler Elevator Corporation of BEXAR County, Texas, hereinafter called "Principal", and a corporation organized under the laws of the State of , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of TWO HUNDRED EIGHTY THOUSAND FIVE HUNDRED THIRTY-THREE AND NO/100 ($280,533.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 29TH of APRIL 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: CITY WIDE ELEVATOR REPAIRS PROJECT NO. 4348 (TOTAL BASE BID: $280,533.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNSSS WHEREOF, this each one of which shall be day of -- int ATTEST instrument is executed in 4 copies, deemed an original, this the & Title) (Print Name & Title) SURETY By: Attorney-in-fact (Print Name) ~~ Agency: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contrac tl (Revi sed 3/08) for ~ Performance Bond Page 2 of 2 ~Y~ ''` ~J`nt~rlv~e~c_ ~ .6~r.c~- 1.~c ~2 P A Y M E N T B O N D STATE OF TERAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Schindler Elevator Corporation of BERAR County, Texas, hereinafter called "Principal", and , a corporation organized under the laws of the State of , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of TWO HUNDRED EIGHTY THOUSAND,' FIVE HUNDRED THIRTY-THREE AND NO/100($280,533.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 29TH day APRIL 20 OB a copy of which is hereto attached and made a part hereof, for the construction of: CITY WIDE ELEVATOR REPAIRS PROJECT NO. 4348 (TOTAL BASE BID: $280,533.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 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. each day IN WITNESS WBEREOF, one of which shal of ~n this instrument is executed in 4 copies, 1 be deemed an original, this the Name & Tit ATTEST Name & Tit SURETY By: Attorney-in-fact (Print Name) frar~(^ Agency: Contact Person: Address: P?tone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/OB) Payment Bond Page 2 of 2 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the q~u-e-st-ion is not~a plicable, answer with "NA". FIRM NAME ~ C~ ''~ ~' ~Fd Ila `""Jf -~~r~ 11:~~/?'/ STREET: - !L .f.(>CITY:~~1~ ~1~`~t.~iL"~ ZIP: FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association - 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 1J~ 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownerehip in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name , 1 / Board, Commission or Committee AJ/~ -T 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant ~ ~a CERTIFICATE 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. n \ \ ~ \ Certifying Person: 'v\~C`~~el ~.-~e~bJt~G Title: ~`S~'nc~ Mcr~se~- (Type or Print) ~ - ~ ' i Signature of Certifying Person: ~ ~~ ' ` Date: .3131 08 ~' ~ _. PROPOSAL FORM PAGE 5 OF 6 ACORD CERTIFICATE OF LIABILITY INSURANCE n P,Qe 1 of 3 06/11/2008 PRODUCER 877-945-7378 THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE wi111e Horth America, Lac. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1E ceneury 51vd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. eox 305191 Rsehville, TH 3 713 0 519 1 INSURERS AFFORDING COVERAGE NAIC# INSURED ~ gohladler SlavatOr Co rPOrsiion INSURER A: Zurich 1lmaricea Iaausaace CamPSny 16535-003 10 whiPPeny Aoad Morriatowa, HJ 07960 INSURER B: 1lmeriesn OUaraataa 4 Liab111t Iasursnee Y 16147-001 INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENi, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYpE OFINSURANCE POLICY NUMBER POLICY EFFECTVE POLICY EXPIMTON LIMA A X GEN ERALUABIUTY / GL0644543518 1/1/2008 1/1/$009 EACH OCCURRENCE a 2 DDD DDO X COMMERCNLGENERAL LIABILITY DAMAOE7 RENTED PREMI ES E E 1 DDD OOO ~ a r w CLAIMS MADE OCCUR MED IXP( one araw) E p X Contractual Liability PERSONALaADVIWURV E 2 000 000 GENERAL AGGREGATE E $ DDD OOO GE NT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S $ OOO OOO X POLICY PRO- LOC A x AUT OMOBILE LMBILRY BAP644543618 1/1/2008 1/1/2009 INGLE LIMIT E e& EeD ~ X ANV AUTO W ~ I S, DDD, DDD / X ALLOWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per parson) X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTO6 (Peracdeant) PROPERTY DAMAGE E (Per aCdeenl) GARAGE LIABILITY AUTOONLV-EAACCIDENT E ANY AUTO EAACC OTHER THAN E AUTOONLV: AOG S B EXCEESNMBRELLA LIABILITY UB644543718 1/1/2008 1/1/2OD.9 EACH OCCURRENCE E 1 ODD 000 X OCCUR ~ CLAIMS MADE AGGREGATE E 1 000 000 E DEDUCTIBLE E RETENTK)N E E A WORKERS COMPENSATON ANO EMPLOYERS'LIABIMTY wc644543819 1/1/2008 1/1/'x009 X WC STAN- OTH- A ANVPROPRIETOR/PARTNER/E%ECUTVE WC666818717 1/1/2008 1/1/2009 E.L. EACH ACCIDENT a $ DDD DDD OFFICF_R/MEMBER EXCLUDE07 H a,: tleacM1be ulMer E.L. DISEASE-EA EMPLOYEE E 5 000 000 y , SPECIAL PROVISK)NS below E.L. DISEASE-POLICY LIMIT E 5 000 DDD OTHER DESCRIPTION OFOPERATION&LOCATIONSNEHICLE&EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROWSIONB THIS VOIDS AND REPLACES PREVIOVSLY ISSUED CERTIFICATE DATED; 6/4/2008 wITH ID: 10795675 SEC5510 - CONT$ 51-122918 CITY WIDE ELEVATOR REPAIRS - PROJECT NO 4348 . CERTIFICATE HOLDER canlcal I ennM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 ,SAYS WRITTEN J NOTICE TO THE CERTFlCATE HOLDER NAMED TO THE LEFT, BU7 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AOENTB OR CITY OF CORP08 CHRISTI, ENDIRSZRIR6 88RVICEB ATTR: CONTRACT ADN25RSTRATOR REPRESENTATVES. PO HOX 9177 AUTNORIIEO PRESEN CORPUS CBAISTI, TX 78469-9177 T ACORD 25 (2001/08) Co11:2381934 TD1:711860 Certz10S1B682 ®ACORD CORPORATION 1986 WI~~IS CERTIFICATE OF LIABILITY INSURANCE page 2 0£ 3 06/11/2008 PRODUCER 877-945-7378 THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE wilii^ Borth Ameriea, xac. HOLDER. THIS CERTIFlCATE DOES NOT AMEND, EXTEND OR 7E caatuzy Rivd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. ear 303191 Baehvilla, TB 373305191 INSURERS AFFORDING COVERAGE NAICB INSURED eohiadler RlevatOr COryOratlOD INSURER A: Zur1Ch AmericaD IaaUraaCe C ompeay 16535-003 ZO whiyyeny Road Borzietowa, NJ 07960 INSURER B: Amaricen WaraIItea a Liability Ineuraacs 26]47-001 INSURER C: INSURER D: INSURER E: ADDITIONAL INSOREDS ON GSNBRAT, LIAEILITY AND ALTO LIABILITY: THE CITY OF CORPUS CHRISTI. SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT. GENERAL LIABILITY POLICY INCLUDES PREMISES-OPEAATIONSI CONTRACTUAL LIABILITY= BROAD FORK PDj PROPERTY DAMAGE= INDEPENDENT CONTRACTORS AND XCU COVERAGB. ZN TAE EVENT OF CANCELLATION OA OTHER MATERIAL CHANGE OF THE POLICY, 30 DAYS ADVANCE NOTICE WILL HE MAILED TO CITY OF CORPUS CHRISTI, DEPART[QENP OF BNOINEEAING SERVICES, ATTNs CONTRACT ADMINISTRATOR, P.O. BOX 9277, CORPUS CHRISTI, TX78469-9277 Cert: Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authodzed representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Cert:10818682 ZURICH-AMERICAN INSURANCE GROUP ENDORSEMENT POLICY NO. - ~ EFF. DATE OF POL EXP DATE OF POL EFF DATE OF END. AGENCY NO. ADD'L PREMIUM RETURN PREMIUM GL0644543518 1/1/2008 1/1/2009 50-443 $ $ ~ This Endorsement Changes The Policy. Please Read It Carefully. Named Insured: Schindler Elevator Corporation / Address (including ZIP code): 20 Whippany Road, Morristown, New Jersey 07960 This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY nT~ A'_NKET ADDITIONAL INSURED ENDORSEMENT The "Persons Insured" provision are amended to include as an Insured any person or organization for who the Named Insured has specifically agreed by written contract to procure Bodily Injury, Property Damage and Personal Injury Liability Insurance provided that: A. This insurance applies only to each coverage which the Named Insured has agreed to provide by contract, but in no event shall coverage exceed the coverage otherwise afforded by this policy: B. The amount of insurance is limited to that required by such written contract, but in no event shall the limits of liability exceed the limits of liability provided by the policy: C. This insurance applies only to Bodily Injury or Property Damage arising solely out of negligent acts, errors, or omissions of the Named Insured. D. This insurance shall apply as primary insurance as respect to any person or organization for whom the Insured has agreed by written contract to provide insurance on a primary basis with other insurance available to such person or organization being excess and not contributory with the insurance afforded by this policy E. This insurance shall terminate upon the termination of written contract between the Named Insured and the Additional Insured. J City of Corpus Christi, Department of Engineering Services Attn: Contract Administrator P.O. Box 9277, Corpus Christi, TX 78469-9277 J Countersigned: ~ ~~'_ (Authorized Representative) U-GL-113-BCW(4/Bg) Page 1 of 1 ZURICH-AMERICAN INSURANCE GROUP ENDORSEMENT POLICY NO. EFF. DATE OF POL EXP DATE OF POL. EFF DATE OF END. AGENCY NO. ADD'L PREMIUM RETURN PREMIUM BAP644543618 y 1/1/2008 1/1/2009 ~/ 50-443 $ $ This Endorsement Changes The Policy. Please Read It Cazefully. Named Insured: Schindler Elevator Corporation J Address (including ZIP code): 20 Whippany Road, Morristown, New Jersey 07960 This endorsement modifies insurance provided by the following: COMMERCIAL AUTOMOBILE LIABILITY BLANKET ADDITIONAL INSURED ENDORSEMENT "Persons Insured" provision are amended to include as an Insured any person or organization for who the Named Insured has specifically agreed by written contract to procure Bodily Injury, Property Damage and Personal Injury Liability Insurance provided that: A. This insurance applies only to each coverage which the Named Insured has agreed to provide by contract, but in no event shall coverage exceed the coverage otherwise afforded by this policy: B. The amount of insurance is limited to that required by such written contract, but in no event shall the limits of liability exceed the limits of liability provided by the policy: C. This insurance applies only to Bodily Injury or Property Damage azising solely out of negligent acts, errors, or omissions of the Named Insured while the Named Insured is actively engaged in operations at the site designated in the Contract between the Named Insured and the Additional Insured: D. This insurance shall apply as primary insurance as respect to any person or organization for whom the Insured has agreed by written contract to provide insurance on a primary basis with other insurance available to such person or organization being excess and not contributory with the insurance afforded by this policy E. This insurance shall terminate upon the earlier of the following: 1. Termination by written contract between the Named Insured and the Additional Insured; or 2. When the project meets the definition of substantial completion on the contract between the Named Insured and the Additional Insured. J City of Corpus Christi, Department of Engineering Services Attn: Contract Administrator P.O. Box 9277, Corpus Christi, TX 78469-9277 J Countersigned: U-GL-113-BCW(M89) Page 1 of 1 POLICY NUMBER: GL0644543516 ~ COMMERCIAL GENERAL LIABILITY CG 02 OS 1204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ,/ TEXAS CHANGES -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modiFes insurance provided under the fdbwing: J COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancelletfon or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prbr written note of cancellation or material change fo: ' SCHEDULE 1. Name: City of Corpus Christi 2. Address: Deparbnent of Engineering Services Attn: Contract Administrator P.O. Box 8277 Corpus Christl, Texas 78469-8277 3. Number of da advance notice: 80 DAYS Information wired to com late this Schedule if not shown above will be shown in the Declarations. Ltl ILt./ I.LW CG 02 OS 12 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 UNIFORM TE 02 02A (Ed. 3-92) `CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: J BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the poicy effective on the Inception date of the policypunless another date is Indicated F~GIf~W -" Endorsement effective 1/1/2008 Policy .BAP A6445436-18 Named Insured Schindler Enterprises Ind./ Countersiagad by / Schindler Elevator ~/ (,f a.i Oe..encanMN~al Alinaty lAnl v days before this policy is cancelled or materially changed to reduce or restrict coverage we will mail notice of the cancellation or change to: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator / P.O. Box 9277 / Corpus Chrsti, Texas 78489.9277 (Enter Name and Address) CA 840 (3.92) TE 02 02A (Etl. 3.92) Prescribed by the Texas State Board of Insurance Pago 1 of 1 J WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 42 O6 01 (Ed. 7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement changes the polcy to which it is attached effecYrve.on the inception date of the policy unless a different date is indicated below. (The fdlowing °atlaohing dause° creed be compbted only vdum IMS endorsement Is Issued subeeQuent b preperatlan of the poNry•) This endorsement, effective on 1/7/2008 / at 12:01 A.M. standard time, forms a part of (DATE) Policy No. WC6868187-17 of the Zurich American Insurance Company (NAt~ OF INSURANCE COMPANY) Issued to Schindler Enterprises Inc.! ,.~ Schindler Elevator / /~ .i • Premium (iF any) $Induded V ad Repreaen Live This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A of the Information Page. In the event of cancelation or other material change of the policy, we will mall advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule J 1. Number of days advance notice: 90 days 2. Notice will be mailed to: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 8277 Corpus Christi, Texas 78468-9277 J WC 276 (7-84) WC 42 OB 01 (Ed. 7.84) Page 1 d 1