HomeMy WebLinkAboutC2009-311 - 7/21/2009 - Approved2009 -311
M2009 -203
07/21/09
S P E C I A L P R O V I S I
1pha Building Corp.
S P E C I F I C A T I O N S
A N D
F O R M S O F C O N T R A C T S A N D B O N D S
F O R
Oso Waste Water Treatment Plant
Administration Office Roof Replacement
2009
FOR
WASTE WATER /OSO WASTE WATER TREATMENT PLANT
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/826-1800
Fax: 361/826 -1715
PROJECT NO : 7448
DRAWING NO : (NONE)
(Revised 6/27/99)
oSO WASTEWATER TREATMENT PLANT ADMINSTRATION OFFICE
BUILDING ROOF REPLACEMENT 2009
PROJECT NO . 7 448
TABLE OF CONTENTS
NOTICE TO CONTRACTORS - A
Insurance Requirements (Revised May 2006)
NOTICE TO CONTRACTORS - B
Worker's Compensation Coverage For Building or Construction
Projects For Government Entities
PART A - SPECIAL PROVISIONS
A---2 Definitions and Abbreviations
A -3 Description of A-4--Mieto4=Awad
A-5 Items to be Submitted with Proposal
A -6 Time of Completion /Liquidated Damages
A-7 Workers Compensation Insurance Coverage
A II
A-10 Wage Rates
A-11 Cooperation with Public Agencies
A -12 Maintenance of Services
A-13 Area Access and Traffic Control
A-14 Construction Equipment Spillage and Tracking
A -15 Excavation and Removals
A -16 Disposal /Salvage of Materials
"f 4 e
A -18 Schedule and Sequence of Construction
A-20 Testing and Certification
A -22 Minority /Minority Business Enterprise Participation Policy
(Revised 10/98)
A -23 Inspection Required
A-24 Surety Bonds
NO LONGER APPLICABLE 6/11/98)
A -26 Supplemental Insurance Requirements
A-27 Responsibility for Damage Claims
A -29 Contractor's Field Administration Staff
A -30 Amended "Consideration of Contract" Requirements
Page 1 of 2
A-31 Amended Policy on Extra Work and Change Orders
A -32 Amended "Execution of Contract" Requirements
A -33 Conditions of Work
A -36 Other Submittals
A -37
w
rr
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
A-42 OSHA Rules & Regulations
A -43 Amended Indemnification & Hold Harmless (9/98)
A-44 Change Orders (4/26/99)
l -- - _Z ww
A -48 Overhead Electrical Wires (7/5/00)
A -49 Amend "Maintenance Guaranty" (8/24/00)
Submittal Transmittal Form
PART 8 - GENERAL PROVISIONS
PART C - FEDERAL WAGE RATES AND REQUIREMENTS
NOTICE
AGREEMENT
PROPOSAL /DISCLOSURE STATEMENT
PERFORMANCE BOND
PAYMENT BOND
Page 2 of 2
NOT USED
NOT USED
NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
Revised March, 2009
A Certificate of Insurance indicating proof of coverage
in the following amounts is required:
TYPE OF INSURANCE
30-Day Notice of Cancellation required on all certificates
Commercial General Liability including:
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations
6. Hazard
7. Contractual lnsurance
8. Broad Form Property Damage
9. Independent Contractors
10. Personal Injury
AUTOMOBILE LIABILITY -- OWNED NON -OWNED
OR RENTED
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
EXCESS LIABILITY
PROFESSIONAL POLLUTION LIABILITY/
ENVIRONMENTAL IIVIPAIRNIENT COVERAGE
Not limited to sudden & accidental discharge; to include
long -tern environmental impact for the disposal of
contaminants
BUILDERS' RISK
INSTALLATION FLOATER
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
$2,000,000 COMBINED SINGLE LIMIT
$1,000,000 COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
$500,000
$1,000,000 COMBINED SINGLE LIMIT
$2,000,000 COMBINED SINGLE LIMIT
❑ REQUIRED
NOT REQUIRED
See Section B_6 -11 and Supplemental Insurance
Requirements
❑ REQUIRED
NOT REQUIRED
See Section B_6 -11 and Supplemental Insurance
Requirements
❑ REQUIRED
NOT REQUIRED
Page 1 of 2
OThe City of Corpus Christi must be named as an additional insured on all coverages except worker's
compensation liability coverage.
OThe name of the project must be listed under "description of operations" on each certificate of insurance.
OFor 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
WORKER'S COMPENSATION INSURANCE
REQIIIREMENTS
TITLE 28
PART 2
CHAPTER 110
SUBCHAPTER B
RULE §110.110
Texas Administrative Code
INSURANCE
TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS' COMPENSATION
REQUIRED NOTICES OF COVERAGE
EMPLOYER NOTICES
Reporting Requirements for Building or Construction
Projects for Governmental Entities
(a) The following words and terms, when used in this rule, shall have the following meanings,
unless the context clearly indicates otherwise. Terms not defined in this rule shall have the
meaning defined in the Texas Labor Code, if so defined.
(1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of
authority to self- insure issued by the commission, or a workers' compensation coverage
agreement (TWCC-81, TWCC -82, TWCC -83, or TWCC-84), showing statutory workers'
compensation insurance coverage for the person's or entity's employees (including those subject
to a coverage agreement) providing services on a project, for the duration of the project.
(2) Building or construction--Has the meaning defined in the Texas Labor Code,
§406.096(e)(1).
(3) Contractor - -A person bidding for or awarded a building or construction project by a
governmental entity.
(4) Coverage—Workers' compensation insurance meeting the statutory requirements of the
Texas Labor Code, §401.011(44).
(5) Coverage agreement -- -A written agreement on form TWCC -81, form TWCC -82, form
TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which
establishes a relationship between the parties for purposes of the Texas Workers' Compensation
Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of
employer /employee and establishes who will be responsible for providing workers'
compensation coverage for persons providing services on the project.
(6) Duration of the project --- Includes the time from the beginning of work on the project until
the work on the project has been completed and accepted by the governmental entity.
(7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act)—With the
exception of persons excluded under subsections (h) and (1) of this section, includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of 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 furnishing persons to perform services on the project.
Page 2 of 11
"Services" includes but is not limited to providing, hauling, or delivering equipment or materials,
or rovidin labor, transportation, or other service related to a project. "Services" does not
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include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
(8) j Project—Includes the provision of all services related to a building or construction contract
for a governmental entity.
(b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a
representation by the insured that all employees of the insured who are providing services on the
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project i
ect are covered by workers' compensation coverage, that the coverage is based on proper
reporting of classification codes and payroll amounts, and that all coverage agreements have
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been filed with the appropriate insurance carrier or, in the case of a self - insured, with the
commission's Division of Self- Insurance Regulation. Providing false or misleading certificates of
coverage, or failing to provide or maintain required coverage, or failing to report any change that
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materially affects the provision of coverage may subject the contractor or other person providing
services on the J ro ect to administrative penalties, criminal penalties, civil penalties, or other
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civil actions.
(c) A g governmental entity that enters into a building or construction contract on a project shall:
(1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using
the language required by paragraph (7) of this subsection;
part as art of the contract, using the language required by paragraph (7) of this subsection,
require the contractor to perform as required in subsection (d) of this section;
(3) obtain from the contractor a certificate of coverage for each person providing services on
the project, prior to that person beginning work on the project;
(4) obtain from the contractor a new certificate of coverage showing extension of coverage:
(A) before the end of the current coverage period, if the contractor's current certificate of
coverage shows that the coverage period ends during the duration of the project; and
03) no later than seven days after the expiration of the coverage for each other person
providing rovidin services on the project whose current certificate shows that the coverage period ends
during the duration of the project;
(5) retain certificates of coverage on file for the duration of the project and for three years
thereafter;
(6) rovide a copy of the certificates of coverage to the commission upon request and to any
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person entitled to them by law; and
(7) use the language contained in the following Figure 1 for bid specifications and contracts,
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: Attached
Graphic
Page 3 of 11
(d) A contractor shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's
current certificate of coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental
entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed with a title in at least 30 point
bold type and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be the
following text provided by the commission on the sample notice, without any additional words
or changes: Attached Graphic
contractual) re uire each rson with whom it contracts to provide services on a project to:
(8) contractually q person
provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(C) include in all contracts to provide services on the project the language in subsection (e)(3)
of this section;
Page 4 of 11
(D) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
(11) prior to the end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the
person for whom they are providing services.
(e) A person providing services on a project, other than a contractor, shall:
(l) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage as required by its contract to provide services on the
project, prior to beginning work on the project;
(3) have the following language in its contract to provide services on the project: "By signing
this contract or providing or causing to be provided a certificate of coverage, the person signing
this contract is representing to the governmental entity that all employees of the person signing
this contract who will provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of
Self -- Insurance Regulation. Providing false or misleading information may subject the contractor
to administrative penalties, criminal 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 certificate of coverage, a new certificate showing extension
of coverage, if the coverage period shown on the certificate of coverage ends during the duration
of the project;
(5) obtain from each person providing services on a project under contract to it, and provide as
required by its contract:
(A) a certificate of coverage, prior to the other person beginning work on the project; and
(B) prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
Page 5 of 1 1
(6) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(7) notify the governmental entity in writing by certified mail or personal delivery, of any
change that materially affects the provision of coverage of any person providing services on the
project and send the notice within ten days after the person knew or should have known of the
change; and
(8) contractually require each other person with whom it contracts to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to it prior to that other person beginning work on the
project;
(C) include in all contracts to provide services on the project the 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 beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the contract;
(F) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each person with whom it contracts, to perform as required by this
subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be
provided to the person for whom they are providing services.
(f) If any provision of this rule or its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this rule that can be given effect
without the invalid provision or application, and to this end the provisions of this rule are
declared to be severable.
(g) This rule is applicable for building or construction contracts advertised for bid by a
governmental entity on or after September 1, 1 994. This rule is also applicable for those building
or construction contracts entered into on or after September 1, 1994, which are not required by
law to be advertised for bid.
Page 6 of 11
(h) The coverage requirement in this rule does not apply to motor carriers who are required
pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of
Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes,
Article 6675c, §4(j).
(i) The coverage requirement in this rule does not apply to sole proprietors, partners, and
corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly
excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089,
74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and
corporate executive officers who are excluded from coverage in an insurance policy or certificate
of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1,
1996.
Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19
TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609
Page 7 of 11
T28S 110.110(d)(7)
"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. This includes persons
providing, hauling, or delivering equipment or materials, or providing labor or transportation or
other service related to the project, regardless of the identity of their employer or status as an
employee."
"Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on
the legal requirement for coverage, to verify whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage."
Page 8 of 11
T28S 110.110(c)(7)
Article . Workers' Compensation Insurance Coverage.
A. Definitions:
Certificate of coverage ("certjficate '- A copy of a certOcate of insurance, a certificate of
authority to self- insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project -- includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and fl ing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file a
new certificate of coverage with the governmental entity showing that coverage has been
extended.
E. The contractor shall obtain from each person providing services on a project, and provide to
the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, ifthe coverage period shown on the current certificate of
coverage ends during the duration of the project.
Page 9 of 11
F. The contractor shall retain all required certificates of coverage for the duration of the project
and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of airy person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may verb
coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of arty coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(2) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certfficdte of
coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor:
(a) a certificate of coverage, prior to the other person beginning work on the project; and
(b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, jfthe coverage period shown on the current certificate of coverage ends during the
duration of the project;
(S) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(6) notes the governmental entity in writing by certified mail or personal delivery, within 10
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
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they
are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who
will provide services on the project will be covered by workers' compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division of Self=
Page 10 of 11
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void ifthe contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
Page 11 of 11
PART A
SPECIAL PROVISIONS
Oso Waste Water Treatment Plant Administration
Office Roof Replacement 2009
Project No. 7448
SECTION A - SPECIAL PROVISIONS
City of Corpuo Chriaki
City Eccrctary' o Offioc
A-2 Definitions and Abbreviations
Section B--1 of the General Provisions will govern.
A-3 Description of Project
The roof for the Oso Waste Waster Treatment Plant Administration Building needs to
be replaced. The existing roof will be removed to the concrete decking on both
tiers. The 2nd tier will require lifting the HVAC system to ensure proper repair.
Foam board and modified bitumen roofing will be installed. Gutter and downspouts
will be replaced. Thermal protection will also be required for the building
exterior walls. The existing brick face will be scrubbed to remove all mildew.
Mortar joints will be refilled and exposed anchors will be fixed. Rotten siding
along the windows will be removed and replaced with new felt paper and cement fiber
siding.
availability of fundo ;
A -5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
2. Disclosure of Interests Statement
3. Submittals of materials
A-6 Time of Completion /Liquidated Damages
The working time for completion of the Project will be seventy (70) 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, $500.00 per calendar day will be
assessed against the Contractor as liquidated damages. Said liquidated damages are
not imposed as a penalty but as an estimate of the damages that the City will
sustain from delay in completion of the work, which damages by their nature are not
capable of precise proof. The Director of Engineering Services (City Engineer) may
withhold and deduct from monies otherwise due the Contractor the amount of
liquidated damages due the City.
A -7 Workers Compensation Insurance Coverage
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 -10 Wage Rates (Revised 9/19/08)
Labor preference and wage rates for building construction. In case of conflict,
Contractor shall use higher wage rate.
Minimum Prevailing Wage Scales
The Corpus Christi City Council has determined the general prevailing minimum hourly
wage rates for Nueces County, Texas as set out in Part C. The Contractor and any
subcontractor must not pay less than the specified wage rates to all laborers,
workmen, and mechanics employed by them in the execution of the Contract. The
Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day,
or portion thereof, for each laborer, workman, or mechanic employed, if such person
is paid less than the specified rates for the classification of work performed. The
Contractor and each subcontractor must keep an accurate record showing the names and
classifications of all laborers, workmen, and mechanics employed by them in
connection with the Project and showing the actual wages paid to each worker.
The Contractor will make bi- weekly certified payroll submittals to the City
Engineer. The Contractor will also obtain copies of such certified payrolls from all
subcontractors and others working on the Project. These documents will also be
submitted to the City Engineer bi- weekly. (See section for Minority /Minority
Business Enterprise Participation Policy for additional requirements concerning the
proper form and content of the payroll submittals.)
One and one -half (1-1/2) times the specified hourly wage must be paid for all hours
worked in excess of 40 hours in any one week and for all hours worked on Sundays or
holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working
Hours.)
A -11 Cooperation with Public Agencies (Revised 7/5/00)
The Contractor shall cooperate with all public and private agencies with facilities
operating within the limits of the Project. The Contractor shall provide a forty -
eight (48) hour notice to any applicable agency when work is anticipated to proceed
in the vicinity of any facility by using Dig Tess at 1 -800- 344 -8377, the Lone Star
Notification Company at 1 -800 -669 -8344. For the Contractor's convenience, the
following telephone numbers are listed.
City Engineer
CCIA Engineer
CCIA Facilities Manager
Project Engineer
A/E Project Engineer
PGAL
CRGE
Traffic Engineer
Police Department
Water Department
Wastewater Department
Gas Department
Storm Water
880 -3500
361/289-0171 ext 1223
361/289 -0171 ext 1226
880 -3500
713/622-1444 (direct 713/968-9375)
361/991 -8550
880-3540
882 -1911
857 -1880 (880 -3140 after hours)
857 -1818 (880 -3140 after hours)
885 -6900 (885 -6900 after hours)
(880 -3140 after hours)
857 -1881
Parks & Recreation 880 -3461
Solid Waste Services 857-1970
American Electric Power (AEP) 299-4833
Southwestern Bell Tel. Co. (SBC) 881-2600
City Street Div. for Traffic
Signal /Fiber Optic Locate
Cablevision
ACSI (Fiber Optic)
Century Telephone
ChoiceCom (Fiber Optic)
CAPROCK (Fiber Optic)
Brooks Fiber Optic (MAN)
(693-9444 after hours)
(1-800-824-4424 After Hours)
857 -1946 857 -1960
857 -5000 (857-5060 after hours)
887 -9200 (Pager 800-724-3624)
225-214-1169 (Mobile 225 - 229 -3202)
881-5767 (Pager 850 -2981)
512/935 -0958 (Mobile)
972/753-4355
A-12 Maintenance of Services
The Contractor shall take all precautions in protecting existing utilities, both
above and below ground. The Drawings show as much information as can be reasonably
obtained from existing as -built drawings, base maps, utility records, etc. and from
as much field work as normally deemed necessary for the construction of this type of
project with regard to the location and nature of underground utilities, etc.
However, the accuracy and completeness of such information is not 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 or
not, the Contractor shall make the necessary repairs to place the utilities back in
service to construct the work as intended at no increase in the Contract price. All
such repairs must conform to the requirements of the company or agency that owns the
utilities.
Where existing sewers are encountered and are interfered with (i.e. broken, cut,
etc.), flow must be maintained. Sewage or other liquid must be handled by the
Contractor either by connection into other sewers or by temporary pumping to a
satisfactory outlet, all with the approval of the City Engineer. Sewage or other
liquid must not be pumped, bailed or flumed over the streets or ground surface and
Contractor must pay for all fines and remediation that may result if sewage or other
liquid contacts the streets or ground surface. It is also the Contractor's
responsibility to make all necessary repairs, relocations and adjustments to the
satisfaction of the City Engineer at no increase in the Contract price. Materials
for repairs, adjustments or relocations of sewer service lines must be provided by
the Contractor.
A -13 Area Access and Traffic Control
Sufficient traffic control measures must be used to assure a safe condition and to
provide a minimum of inconvenience to motorists and the public. All weather access
must be provided to all residents and businesses at all times during construction.
The Contractor must provide temporary driveways and/or roads of approved material
during wet weather. The Contractor must maintain a stockpile on the Project site to
meet the demands of inclement weather.
The Contractor will be required to schedule his operations so as to cause minimum
adverse impact on the accessibility of adjoining properties. This may include, but
is not limited to, working driveways in half widths, eoctruction of temporary
rampo ■ construction detours, etc.
The Contractor shall comply with the City of Corpus Christi's Uniform Barricading
Standards and Practices as adopted by the City. Copies of this document are
available through the City's Traffic Engineering Department. The Contractor shall
secure the necessary permit from the City's Traffic Engineering Department.
All costs for traffic control are considered subsidiary; therefore, no direct
payment will be made to Contractor.
A -14 Construction Equipment Spillage and Tracking
The Contractor shall keep the adjoining streets free of tracked and /or spilled
materials going to or from the construction area. Hand labor and/or mechanical
equipment must be used where necessary to keep these roadways clear of job - related
materials. Such work must be completed without any increase in the Contract price.
Streets and curb line must be cleaned at the end of the work day or more frequently,
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--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. All light fixtures and
other items specified for salvage shall be delivered to the Owner as directed.
f r r ct t = conotruotion o itc . Thc ficld off }oc muot ooxtain it lcaot 120 cquarc
. f v ct f oeoblo o'paoc . Thc field office moot be air oonditioncd and hcatcd and muot
bo f u__ 4,144cd with an inoiincd tablc that mcoourca at loot 30" it 40" and two (2)
Contractor. Thcrc if'. no ocparatc pay itcrw for the ficld office.
A -18 Schedule and Sequence of Construction
The Contractor shall submit to the City Engineer a work plan based only on calendar
days. This plan must detail the schedule of work and must be submitted to the City
Engineer at least three (3) working days prior to the pre - construction meeting.
The plan must indicate the schedule of the following work items:
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.
The Contractor shall schedule his work well in advance of actual operations and shall keep the
Airport Engineer and Facilities Manager advised of this schedule so that close coordination
can be maintained with the director of Aviation and with other contractors.
control of thc work.
4.144epeo4e444-4e14otorod Profe#ional Btad €urvcy lioenoed in thc otato of
approved by thc City prior to any work -. Any dioorepa __.ioo be n t o- b tho
€trcctof
• Curb and guttcr flow Zinc
both, oidoo of otrcot on a 200' interval?
• Caoing cicvationo (top of p
• Caoing cicvationo (top of pipc and flow linc) (TXDOT and RR permito)
A -20 Testing and Certification
All tests required under this item must be performed 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,
including windstorm certification.
A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) (See
RFP Requirements)
1. Policy
It is the policy of the City of Corpus Christi that maximum opportunity is
afforded minorities, women and Minority Business Enterprises to participate in
the performance of contracts awarded by the City of Corpus Christi in support
of Equal Employment Opportunity goals and objectives of the Affirmative Action
Policy Statement of the City dated October, 1989, and any amendments thereto.
In accordance with such policy, the City has established goals, as stated
herein, both for minority and female participation by trade and for Minority
Business Enterprise.
2. Definitions
a. Prime Contractor: Any person, firm, partnership, corporation,
association or joint venture as herein provided which has been awarded a
City contract.
b. Subcontractor: Any named person, firm, partnership, corporation,
association, or joint venture as herein identified as providing work,
labor, services, supplies, equipment, materials or any combination of the
foregoing under contract with a prime contractor on a City contract.
c. Minority Business Enterprise: A business enterprise that is owned and
controlled by one or more minority person(s). Minority persons include
Blacks, Mexican - Americans and other persons of Hispanic origin, American
Indians, Alaskan Natives, and Asians or Pacific Islanders. For the
purposes of this section, women are also considered as minorities.
Minority person(s) must collectively own, operate and /or actively manage,
and share in payments from such an enterprise in the manner hereinafter
set forth:
1. Owned
(a) For a sole proprietorship to be deemed a minority business
enterprise, it must be owned by a minority person.
(b) For an enterprise doing business as a partnership, at least
51.0% of the assets or interest in the partnership property
must be owned by one or more minority person(s).
(c) For an enterprise doing business as a corporation, at least
51.0% of the assets or interest in the corporate shares must
be owned by one or more minority person(s).
2. Controlled
The primary power, direct or indirect, to manage a business
A--23 Inspection Required (Revised 7/5/00)
The Contractor shall assure the appropriate sign structure 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 signs are completed.
Section B -6 -2 of the General Provisions is hereby amended in that the Contractor
must pay all fees and charges levied by the City's Building Inspection Department,
and all other City fees, including water/wastewater meter fees and tap fees as
required by City.
A -24 Surety Bonds
Paragraph two (2) of Section B -3--4 of the General Provisions is changed to read as
follows
"No surety will be accepted by the City from any Surety Company who is
now in default or delinquent on any bonds or who has an interest in any
litigation against the City. All bonds must be issued by an approved
Surety Company authorized to do business in the State of Texas. If
performance and payment bonds are in an amount in excess of ten percent
(10 %) of the Surety Company's capital and surplus, the Surety Company
shall provide certification satisfactory to the City Attorney that the
Surety Company has reinsured the portion of the bond amount that exceeds
ten percent (10 %) of the Surety Company's capital and surplus with
reinsurer(s) authorized to do business in the State of Texas. The amount
of the bond reinsured by any reinsurer may not exceed ten percent (10 %)
of the reinsurer's capital and surplus. For purposes of this section,
the amount of allowed 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."
ropoca1 form the €e
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
financial, managerial, or technical skills in the work to be performed by
the joint venture.
3. Goals
a. The goals for participation by minorities and Minority Business
Enterprises expressed in percentage terms for the Contractor's aggregate
work force on all construction work for the Contract award are as
follows:
Minority Participation Minority Business Enterprise
(Percent) Participation (Percent)
45%
15%
b. These goals are applicable to all the construction work (regardless of
federal participation) performed in the Contract, including approved
change orders. The hours of minority employment must be substantially
uniform throughout the length of the Contract and in each trade. The
transfer of minority employees from Contractor to Contractor or from
project to project for the sole purpose of meeting the Contractor's
percentage is prohibited.
4. Compliance
a. Upon completion of the Project, a final breakdown of MBE participation,
substantiated by copies of paid invoices, shall be submitted by the
Contractor to the City Engineer.
b. The Contractor shall make bi- weekly payroll submittals to the City
Engineer. The Contractor is to indicate the percent of minority and
female participation, by trade, which has been utilized on the Project.
Along with the request for final payment on the Project, the Contractor
will indicate, in writing, the overall participation in these areas which
have been achieved. The City Engineer may withhold monthly or final
payments to the Contractor for failure to submit bi-weekly payrolls in a
timely fashion or to submit overall participation information as
required.
complicc with the above rcq ircmcnt❑.
0
A -26 Supplemental Insurance Requirements
For each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable insurance
policy, signed by the insurer, stating:
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 change to:
1. Naive: City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
2. Address: P.C. Box 9277
Corpus Christi, Texas 78469 -9277
3. Number of days advance notice: 30
The Contractor shall provide to the City Engineer the signed endorsements, or copies
thereof certified by the insurer, within thirty (30) calendar days after the date
the City Engineer requests that the Contractor sign the Contract documents.
Within thirty (30) calendar days after the date the City Engineer requests that the
Contractor sign the Contract documents, the Contractor shall provide the City
Engineer with a certificate of insurance certifying that the Contractor provides
worker's compensation insurance coverage for all employees of the Contractor
employed on the Project described in the Contract.
For each insurance coverage provided in accordance with Section B- -6--11 of the
Contract, the Contractor shall obtain an endorsement to the applicable insurance
policy, signed by the insurer, stating that the City is an additional insured under
the insurance policy. The City need not be named as additional insured on Worker's
Compensation coverage.
For contractual liability insurance coverage obtained in accordance with Section 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 Responsibility for Damage Claims
Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is used
� w
.4;4
A -28 Considerations for Contract Award and Execution
To allow the City Engineer to determine that the bidder is able to perform its
obligations under the proposed contract, then prior to award, the City Engineer may
require a bidder to provide documentation concerning:
1. Whether any liens have been filed against bidder for either failure to pay for
services or materials supplied against any of its projects begun within the
preceding two (2) years. The bidder shall specify the name and address of the
party holding the lien, the amount of the lien, the basis for the lien claim,
and the date of the release of the lien. If any such lien has not been
released, the bidder shall state why the claim has not been paid; and
2. Whether there are any outstanding unpaid claims against bidder for services or
materials supplied which relate to any of its projects begun within the
preceding two (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.
A -29 Contractor's Field Administration Staff
The Contractor shall employ for this Project, as its field administration staff,
superintendents and foremen who are careful and competent and acceptable to the City
Engineer.
The criteria upon which the City Engineer makes this determination may include the
following:
1. The superintendent must have at least five (5) years recent experience in field
management and oversight of projects of a similar size and complexity to this
Project. This experience must include, but not necessarily limited to,
scheduling of manpower and materials, safety, coordination of subcontractors,
and familiarity with the submittal process, federal and state wage rate
requirements, and City contract close-out procedures.
The superintendent shall be present, on the job site, at all times that work is
being performed.
2. Foremen, if utilized, shall have at least five (5) years recent experience in
similar work and be subordinate to the superintendent.
Foremen cannot act as superintendent without prior written approval from the
City.
Documentation concerning these requirements will be reviewed by the City Engineer.
The Contractor's field administration staff, and any subsequent substitutions or
replacements thereto, must be approved by the City Engineer in writing prior to such
superintendent assuming responsibilities on the Project.
Such written approval of field administration staff is a prerequisite to the City
Engineer's obligation to execute a contract for this Project. If such approval is
not obtained, the award may be rescinded. Further, such written approval is also
necessary prior to a change in field administration staff during the term of this
Contract. If the Contractor fails to obtain prior written approval of the City
Engineer concerning any substitutions or replacements in its field administration
staff for this Project during the term of the Contract, such a failure constitutes a
basis to annul the Contract pursuant to section B-7-13.
A -30 Amended "Consideration of Contract" 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 (if
required), along with a description of the work and dollar amount for each
firm; and substantiation, either through appropriate certifications by federal
agencies or signed affidavits from the MBE firms, that such MBE firms meet the
guidelines contained herein. Similar substantiation will be required if the
Contractor is an MBE. If the responses do not clearly show that MBE
participation will meet the requirements above, the bidder must clearly
demonstrate, to the satisfaction of the City Engineer, that a good faith effort
has, in fact, been made to meet said requirements but that meeting such
requirements is not reasonably possible.
6. A list of subcontractors that will be working on the Project. This list may
contain more than one subcontractor for major components of the work if the
Contractor has not completed his evaluation of which subcontractor will perform
the work.
The City Engineer retains the right to approve all subcontractors that will
perform work on the Project. The Contractor shall obtain written approval by
the City Engineer of all of its subcontractors prior to beginning work on the
Project. If the City Engineer does not approve all proposed subcontractors, it
may rescind the Contract award.
In the event that a subcontractor previously listed and approved is sought to
be substituted for or replaced during the term of the Contract, then the City
Engineer retains the right to approve any substitute or replacement
subcontractor prior to its participation in the Project. Such approval will
not be given if the replacement of the subcontractor will result in an increase
in the Contract price. Failure of the Contractor to comply with this provision
constitutes a basis upon which to annul the Contract pursuant to Section B -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 on behalf of said entity.
11. Documentation showing proof of Disadvantaged Business Enterprise (DBE)
requirement compliance.
A -31 Amended Poli on Extra 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 any extra
work for which a change order has not been signed by the Director of
Engineering Services or his designee. The Contractor also acknowledges that
the City Engineer may authorize change orders which do not exceed $25,000.00.
The Contractor acknowledges that any change orders in an amount in excess of
$25,000.00 must also be approved by the City Council.
A -32 Amended "Execution of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction Contracts" B-
3-5 Execution of Contract add the following:
The award of the Contract may be rescinded at any time prior to the date the
City Engineer delivers a contract to the Contractor which bears the signatures
of the City Manager, City Secretary, and City Attorney, or their authorized
designees. Contractor has no cause of action of any kind, including for breach
of contract, against the City, nor is the City obligated to perform under the
Contract, until the date the City Engineer delivers the signed Contracts to the
Contractor.
A -33 Conditions of Work
Each bidder must familiarize himself fully with the conditions relating to the
completion of the Project. Failure to do so will not excuse a bidder of his
obligation to carry out the provisions of this Contract. Contractor is reminded to
attend the Pre - Proposal Meeting referred to in Special Provision A -1.
oationo with any othcr rcfcrcn '
by t iiior C i t
Watcr Department
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Thc Contractor ohalIprovida thc Enginccr with copico of writtcn proof of
_ ° _ __~_" - _-..,
C. Contractor ohall provide tuloph0000 for Gootsootor permmnmel~ Dir«mmt
,
."'
`--
Z.Contractor muotnot ucc any City facility rcotroomo.Contractor muct,
^_--^-_~�'-
.__
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labelcd with company namc. No ocmployccmchicico arc allowcd at 0.
. - - - _ _'' -.~_'``'.___-^ '__=-_°"~..`_-.'`-_"'__-.'._.°.�`-~_
^'°--"-- `"-^°.-,--~,'^-~~'_"- -^ ' ,-^~°--~=---'-_'---^'
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___°.__'�_-~'~.�'`-°_-~-___`'_`-_ ! '=`-'._,-__°''_,°...'_
4. He cmployo a rk giotcred rrofco
facility within 100 milco of the Project oitc to maintain/ ropair,
7. Ho ohall furnish equipment which io the product of one
practical, all equipment of a given type will be tlrc poduct of
8. Prior performance at the O. N.
9. ThG Contractor ohall produce all filled out prolramming blocko
The Contractor will provide, all programming block() uocd.
A-36 Other Submittals
1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined
below when processing Shop Drawing submittals:
a. Quantity: Contractor shall submit number required by the City to the
City Engineer or his designated representative.
b. Reproducibles: In addition to the required copies, the Contractor shall
also submit one (1) reproducible transparency for all shop drawings.
c. Submittal Transmittal Forms: Contractor shall use the Submittal
Transmittal 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 Resubmittals: Contractor must revise and resubmit submittals as required
by City Engineer and clearly identify all changes made since previous
submittal.
J
Distribution: Contractor must distribute copies of reviewed submittals to
subcontractors and suppliers and instruct subcontractors and suppliers to
promptly report, thru Contractor, any inability to comply with
provisions.
k. All submittals relating to the structural design of the signs including
fasteners, bolts and other items must be signed and sealed by a Licensed
Professional Engineer registered in the State of Texas.
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
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 -38 Worker's Com -= sation Covera•e for Buildin► or Construction Pro'ects for
Government Entities
The requirements of "Notice to Contractors `BT are incorporated by reference in
this Special Provision.
A -39 Certificate of Occupancy and Final Acceptance
The issuance of a certificate of occupancy for improvements does not constitute
final acceptance of the improvements under General Provision B-8-9.
A -40 Amendment to Section B -8 -6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts Section B-
8-6: Partial Estimates is amended to provide that approximate estimates from which
partial payments will be calculated will not include the net invoice value of
acceptable, non - perishable materials delivered to the Project worksite unless the
Contractor provides the City Engineer with documents, satisfactory to the City
Engineer, that show that the material supplier has been paid for the materials
delivered to the Project worksite.
A -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, 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, 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, or supplier.
A -44 Change Orders
Should a change order(s) be required by the engineer, Contractor shall furnish the
engineer a complete breakdown as to all prices charged for work of the change order
(unit prices, hourly rates, sub-contractor's costs and breakdowns ■ cost of materials
and equipment, wage rates, etc.). This breakdown information shall be submitted by
contractor as a basis for the price of the change order.
A-45 As -Built Dimensions and Drawings (7/5/00)
(a) Contractor shall make appropriate daily measurements of facilities
constructed and keep accurate records of location (horizontal and
vertical) of all facilities.
(b) Upon completion of each facility, the Contractor shall furnish owner with
one set of direct prints, marked with red pencil, to show as-built
dimensions and locations of all work constructed. As a minimum, the final
drawings shall include the following:
(1) Horizontal and vertical dimensions due to substitutions /field
changes.
(2)
Changes in equipment and dimensions due to substitutions.
"Nameplate" data on all installed equipment.
Deletions, additions, and changes to scope of work.
Any other changes made.
A -48 Overhead Electrical Wires (7/5/00)
Contractor shall comply with all OSHA safety requirements with regard to proximity
of construction equipment beneath overhead electrical wires. There are many overhead
wires crossing the construction route and along the construction route. Contractor
shall use all due diligence, precautions, etc., to ensure that adequate safety is
provided for all of his employees and operators of equipment and with regard to
ensuring that no damage to existing overhead electrical wires or facilities occurs.
Contractor shall coordinate his work with AEP/CP&L and inform AEP/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 "Maintenance Guaranty" (8/24/00)
Under "General Provisions and Requirements for Municipal Construction Contracts ", B-
8-11 Maintenance Guaranty, add the following:
"The Contractor's guarantee is a separate, additional remedy available to
benefit the City 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."
SUBMITTAL TRANSMITTAL FORM
PROJECT: Oso Waste Water Treatment Plant Admin, Office Roof Replacement 2009
OWNER: CITY OF CORPUS CHRISTI
PROJECT MANAGER:
CONTRACTOR:
SUBMITTAL DATE:
Gabrielle Escamilla
SUBMITTAL NUMBER:
:
APPLICABLE SPECIFICATION
OR DRAWING SUBMITTAL
A G R E E M E N T
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS AGREEMENT is entered into this 2.... T day of JULY, 2009, 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 Alpha Building
Corporation termed in the Contract Documents as "Contractor," upon
these terms, performable in Nueces County, Texas:
In consideration of the payment of $76,589.23 by City and
other obligations of City as set out herein, Contractor will
construct and complete certain improvements described as follows:
OSO WASTE WATER TREATMENT PLANT
ADMINISTRATION OFFICE ROOF REPLACEMENT
JOB ORDER CONTRACT - PROJECT NO. 7448
(TOTAL AWARD: $76,589.23)
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
_1A LPH A
BUILDING CORPORATION
First Choice For Facilities Renovation- & Construction
Mr. Billy Delgado
City of C.C. Engineering Services
1317 Mestina
Corpus Christi, TX 78401
23 June 2009
We are pleased to present our proposal for the Oso Waste Water Plant Office repairs and
renovations as outlined below:
Scope of Work:
1. Demo approximately 3,762.9 sq ft of existing gravel roof down to concrete deck.
2. Lift HVAC unit located on 2 "d tier (see drawings) to ensure proper roof renovations.
3. Remove and replace (4) exhaust fans to match existing.
4. Install approximately 38 squares of foam board insulation to roof.
5. Install approximately 38 squares of modified bitumen roofing.
6. Demo approximately 145 if of gutter and downspouts.
7. Instiall approximately 145 if of new gutter and downspouts.
8. Epoxy grout/fill all loose roof ledge ceramic tiles.
9. Demo plywood siding at (2) window locations and replace with felt paper and
cement fiber lap siding to match existing.
10. Hand scrub, using brushes and cleansing chemicals, (8) exterior brick face walls to
remove all mildew.
11. Remove loose or damaged mortar joints, grind exposed rusted anchors, re -fill with
mortar to match existing, and replace missing brick around entire building, (8) walls
12' in height total.
Total Project Cost: $76,589.23
Exclusions: Anything not listed above. Unforeseen conditions not included in bid price.
Schedule: Mobilization within 10 days of N.T.P. with 60 days to complete (total of 70
days)
Sincerely,
ruz E ar
Asst. Project Manager /Estimator
Alpha Building Corporation
Corpus Christi Area Office
5541 Bear Lane, Suite 201
Corpus Christi, Texas 78405
P 361- 299 -6292 F 361- 299 -6374 www.aiphabuilding.com
CREATING ENVIRONMENTS WHERE GREAT THINGS CAN HAPPEN
The Contractor will commence work within ten (10) calendar
days from date they receive written work order and will complete
same within 70 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.
City Secretary
APPRDV3 AS TO LEGAL FO
Asst. City Attorney
CITY OF CORPUS CHRISTI
By: (/2( ft)7
Oscar Martinez, Asst. City Mgr.
of Public Works and Utilities
By:
Pete Anaya, P.E.
Director of Engineering Services
CONTRACTOR
ATTEST: (I If Co r •oration) Alpha Building Corpo ation
(Note: If Person signing for
corporation is not President,
attach copy of authorization
to sign)
Kathleen Acock, President
5541 BEAR LANE, SUITE 201
(Address)
CORPUS CHRISTI, TX 78405
(City) (State) (ZIP)
361/299-6292 * 361/299 -6374
(Phone) (Fax)
Agreement
Page 2 of 2
o3AUTHORIZEi,
11 COUNCIL
SECRETARY 04.
PAYMENT BOND
P_)olo b ., � �t � ��q'7
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT Alpha Building Corporation of BEXAR County, Texas,
h ereinafter called "Principal", and � At.ificibd Xmc .7twcareive &pie/NO--
a corporation organized under the laws of the State o /Y. .
and duly authorized to do business in the State of Texas,
hereinafter called "Surety ", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City ", and unto all persons, firms and
corporations supplying labor and materials in prosecution of the
work referred to in the attached contract, in the penal sum
of SEVENTY -SIX THOUSAND, FIVE HUNDRED EIGHTY-NINE AND
23/100076,589.23) 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 21ST day JULY , 20 09 ■ a copy of which is
hereto attached and made a part hereof, for the construction of:
OSO WASTE WATER TREATMENT PLANT
ADMINISTRATION OFFICE ROOF REPLACEMENT
JOB ORDER CONTRACT - PROJECT NO. 7448
(TOTAL AWARD: $76,589.23)
NOW, THEREFORE, if the principal shall faithfully perform its
duties and make prompt payment to all persons, firms,
subcontractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
contract that may hereinafter be made, notice of which modification
to the surety is hereby expressly waived, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Payment Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas. The terms "Claimant ", "Labor" and "Material ",
as used herein are in accordance with and as defined in said
Article.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19 -1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the SRP •
day of Atgasr , 200 .
PRINCIPAL
Bv:
4,4/4,4„/L
Kathleen Acock, President
(Print Name & Title)
Richard Bar, Exequtive Vice President
(Print Name & Title)
SUFETY
tle7Fi
#vWeIcibiJ J;)ec/d'-Lp loistietbtle:
At ey -in -fact
allywdeE )L. ,Q1i-JaPeS
(Print Name)
The Resident Agent of the Surety in Nueces County, Texas, for
delivery of notice and service of process is:
Agency:
Contact Person : owazi ] a4 L - i
Address : 1 1 IV. CrkiehticiivA C icr )ks7/
lw
tOrn. RIO
Phone Number:
.36/- P /3- X99(0
(NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08)
Payment Bond
Page 2 of 2
P E R F O R M A N C E B O N D p)-0101a_106u9-7
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT Alpha Building Corporation of BEXAR County, Texas„_,
hereinafter calle d "Principal", and ��� dm/mos) �C�. � sctgnAz'
corporation organized under the laws of the State of 'Mg.
.
and duly authorized to do business in the State of Texas,
hereinafter called "Surety ", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City ", in the penal sum of SEVENTY -SIX
THOUSAND, FIVE HUNDRED EIGHTY -NINE AND 23/100 ($76,589.23) 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 21ST of JULY , 20 09 , a copy of which is
hereto attached and made a part hereof, for the construction of:
oSO WASTE WATER TREATMENT PLANT
ADMINISTRATION OFFICE ROOF REPLACEMENT
JOB ORDER CONTRACT - PROJECT NO. 7448
(TOTAL AWARD: $76,589.23)
NOW, THEREFORE, if the principal shall faithfully perform said
work in accordance with the plans, specifications and contract
documents, including any changes, extensions, or guaranties, and if
the principal shall repair and /or replace all defects due to faulty
materials and /or workmanship that appear within a period of one (1)
year from the date of completion and acceptance of improvements by
the City, then this obligation shall be void; otherwise to remain
in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Performance Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19 -1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each on of which shall be deemed an original, this the 3,P
day of /;ki6J1s-:r , 2 0 p .
PRINCIPAL
Kathleen Acock, President
(Print Name & Title)
Richard Booker, Executive Vice President
(Print Name & Title)
SURETY
A ► •/41 I' sir
(Print Name)
In /11A/6—,
The Resident Agent of the Surety in Nueces County, Texas, for
delivery of notice and service of process is
n -VIC Age cy. IOm. G
Q4.
Jjt!j/C/
Contact Person :
#ipiJ
Address: L51
I
Phone Number: m, 3 C 1 - /3-
(NOTE: Date of Performance Bond must not be prior to date of con tract) (Revised 3/08)
Performance Bond
Page 2 of 2
CITY OF CORPUS CHRISTI
DEPARTMENT OF ENGINEERING SERVICES
P.O. BOX 9277
CORPUS CHRISTI, TEXAS 78469 -9277
RE: Certification of Power of Attorney for Performance and Payment Bonds
Project Name /No.: Various . Projects
Surety Company: , North American Specialty Insurance Co.
Ladies /Gentlemen:
1, Paul A. YasiIli, Jr,, hereby certify that the facsimile power of attorney submitted
by Lawrence L. Rhodes for Alpha Building Corporation , a copy of
which is attached to this certificate, is a true and correct copy of the original power of
attorney on file in the records of the surety company in its home office, has not been
amended or abridged, is still in full force and effect, and said designated agent is
currently in good standing with the surety. In the event of cancellation of this power of
attorney, the City of Corpus Christi shall be notified in writing by certified mail within
seven (7) days thereof at the following address:
City of Corpus Christi
Department of Engineering Services
Attn: Contract Administrator
P.O. Box 9277
Corpus Christi, TX 78469 -9277
day Signed this da of ,, 2008.
g .
PaktfLa- 0,/k
Name: ek44 14, ymg_L( ,c7k.
Title: V C
Sworn and subscribed to before me on this
2008.
■
$1Y'% SHARON GRANT
. Notary Public, State of Texas
My Commission Expires
4:14e; ; } ♦,. March 30, 2011
(Revised 9/03)
day of
z/0-414,K
Notary Public
State of ���
My Commission Expires:,
3 ~ a o
ATTACHMENT 1
1 OF 1
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Itasca, Illinois, each does hereby make, constitute and appoint:
LAWRENCE L. RHODES, BRADLEY D. JOHNSON,
MARILYN CALHOUN and STEVEN E. WHITE
JOINTLY OR SEVERALLY
Its true and lawful Attorneys )-in Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24 t of March, 2000:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
By
Steven P. Anderson, President & Chief Executive officer of Washington International Insurance Company
& Senior Vice President of North American Specialty Insurance Company
By
David M. Layman, Senior Vice President of Washington International Insurance Company
& Vice President of North American Specialty Insurance Company
doeirteir;
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 34th day of September , 20 0$ .
State of Illinois
County of Du Page
On this 30th day of September , 20 08 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman ,
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
ss:
North American Specialty Insurance Company
Washington International Insurance Company
Donna D. Sklens, Notary Public
I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect
I N WITNESS W H E R E O F , I h a v e set m y h a n d a n d a f f i x e d t h e seals of t h e Companies this 3rd d a y of August } 20 O 9
c"'>4-y6
James A. Carpenter, vice President & Assistant secretary of Washington International Insurance Company &
North American Specialty Insurance Company
IMPORTANT NOTICE
In order to obtain information or make a complaint:
You may contact Jim Carpenter, Vice President -
Claims, at 1 -800 -338 -0753.
You may call Washington International Insurance
Company and/or North American Specialty
Insurance Company's toll -free number for
information or to make a complaint at:
1 -800- 338 -0753
You may also write to Washington International
Insurance Company and /or North American
Specialty Insurance Company at the following
address:
1200 Arlington Heights Road #400
Itasca, IL 60143
You may contact the Texas Department of Insurance
to obtain information on companies, coverages, rights
or complaints at:
1- 800- 252 -3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, Tx 78714 -9104
Fax: (512) 475 -1771
Web: http: / /www.tdi.state.tx.us
E -mail:
Consu m erP rotection tdi. st ate.tx.0 s
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or
about a claim you should first contact the Washington
International Insurance Company and/or North
American Specialty Insurance Company. If the
dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become
a part or condition of the attached document.
AVISO IMPORTANTE
Para obtener informacion o para someter un queja:
Puede comunicarse con Jim Carpenter, Vice
President - Claims, al 1 -800- 338 -0753.
Usted puede llamr al numero de telefono gratis de
Washington International Insurance Company
and/or North American Specialty Insurance
Company's para informacion o para someter una queja
al:
1 -800- 338 -0753
Usted tambien puede escribir a Washington
International Insurance Company and/or North
American Specialty Insurance Company al:
1200 Arlington Heights Road #400
Itasca, IL 60143
Puede escribir al Department° de Seguros de Texas
para obtener informacion acerca de cornpanias,
coberturas, derechos o quejas al:
1- 800 -252 -3439
Puede escribir al Department° de Seguros de Texas:
P.O. Box 149104
Austin, TX 78714 -9104
Fax: (512) 475 -1771
Web: http: / /www.tdi.state.tx.us
E -mail:
ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Si tiene una disputa concemiente a su prima o a un
reclamo, debe comunicarse con el Washington
International Insurance Company and/or North
American Specialty Insurance Company primero. Si
no se resuelve la disputa, puede entonces comunicarse
con el Department° de Seguros de Texas.
UNA ESTE AVISO A SU POLIZA:
Este aviso es solo para proposito de infromacion y no se
converte en parte o condition del documento adjunto.
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
,qty
:i of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
rP applicable, the following information. Every question must be answered. if the q uestion is not pP livable, answer with "NA ".
�IRIIA NAME rats on
• 24850 Blanco Rd. - _ CITY: San Antonio. Texas ZIP: 78258
,TREET. , '•
IR P
M Is: 1. Corporation X 2. Partnership 3. Sole Owner , 4. Association .
5. Other
DISCLOSURE QUESTIONS
f additional space is necessary, please use the reverse side of this page or attach separate sheet.
. State i
ate the names of each "employee" of the City of Corpus Christ having an "ownership interest"
1
constituting 3% or more of the ownership in the above named "firm ".
Name Job Title and City Department (if known)
None
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm".
Name Title
None
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm ".
Name Board, Commission or Committee
None
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on
any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of
the ownership in the above named `firm "..
Name Consultant
None
CERTIFICATE
1 certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City
of Corpus Christi, Texas as changes occur.
Certifying in Person: Kathleen Acock Title: Pres i dent
(Type or Print)
eisntti ore, of reirfifvinn Parcnn• ate: 113 112007
• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOII
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OF
REPRESENTATIVES.
ACORD,; CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
HUB International Rigg
10777 Westheimer
Suite 300
Houston, TX 77042 -3454
Larry Rhodes
1- 713 -978 -6668
DATE (MMIDD/YYYY)
03/04/09
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Alpha Building Corporation
24850 Blanco Road
Suite 200
San Antonio, TX 78258
INSURER A: Travelers Lloyds Insurance Company
INSURER B: Charter Oak Fire Insurance Company
INSURER C: Travelers Indemnity Company of CT
INSURER D: The Travelers Indemnity Company
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
AWL
WIZ
TYPE OF IiNSRANQ
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDDJYY)
POLICY EXPIRATION
DATE [MMIDD YY1
LIMITS
A
GENERAL
LIABILITY 7
COMMERCIAL GENERAL LIABILITY
C00324L158
03/06/09
03/06/10
EACH OCCURRENCE
$1,000,000
X
DAMAGE TO RENTED PREMISES
PREMISES (Ea occurence)
300,000
$
CLAIMS MADE X OCCUR
MED EXP (Any one person)
$ 5 , 0 00
X
EBL $1,000,000
PERSONAL 8ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GE 'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
$2, 0 0 v , 0 0 0
POLICY X m LOC
B
AUTOMOBILE
LIABILITY/
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BA9994E612
03/06/09
03/06/10 Y
f
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
X
BODILY INJURY
(Per person)
$
X1
X
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
C
EXCESS /UMBRELLA LIABILITY-
CUP5461B367
03/06/09
03/06/10
EACH OCCURRENCE
$3,000,000
X
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $ 10,000
AGGREGATE
$3,000,000
$
$
X
$
D
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY `
ANY PROPRIETOR /PARTNER /EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
UB9834C372
03/06/09
03/06/10
WC STATU-
TORY TORYLIMITS OTH -
ER
E.L. EACH ACCIDENT
$1, 000 , 000
E.L. DISEASE - EA EMPLOYEE
$1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
A
A
OTHER
BUILDERS RISK /
EQUIPMENT FLOATER
QT6604543L912
QT6604543L912 7
03/06/09
.43/06/09
03/06/10
03/06/10
Any One Project 3,000,000
LEASED & RENTED 100,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS
MISC PROJECTS AS REQUIRED.
The City of Corpus Christi is named Additional Insured on all General Liability and Auto Liability policies where
required by written contract.
CERTIFICATE HOLDER
CANCELLATION 10 DAYS NOC FOR NON - PAYMENT OF- PREMIUM
City of Corpus Christi
Engineering Services
Attn: Sylvia Arriaga
PO Box 9277
Corpus Christi, TX 78469
USA
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08) Janetle
11271516
C�3 ACORD CORPORATION 198
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 endorsements).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
03/04/09
NAME OF INSURED: Alpha Building Corporation
SU PP (10/00)
POLICY NUMBER: CO03240 59 ISSUE DATE: 3106109 - 3/06/10 ,s/
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
� BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED -- (Section 11) is amended
to include any person or organization that you
agree in a "wntten contract requinng insurance"
to include as an additional insured on this Cover-
age Part, but
a) Only with respect to liability for "bodily injury",
"property damage" or "personal injury", and
b) If, and only to the extent that, the mtury or
damage is caused by acts or omissions of
you or your subcontractor #n the performance
of "your work" to which the "written contract
requiring insurance" applies The person or
organization does not qualdy as an additional
insured yarn respect to the independent acts
or orrn wars of such person or organization
2, The insurance provided to the additional insured
by this endorsement is limited as follows
a) In the event that the Limns of Insurance of
this Coverage Part shown m the Declarations
exceed the limits of liebddy required by the
"written contract requinng insu ante ; the in-
surance provided to the additional insured
shall be landed to the limits of babildy re-
quired by that "wntten contract requiring in-
surance" Thus endorsement shall not in-
crease the limits of insurance described in
Section lfl -- Limits Ot Insurance
by The insurance provided to the additional in-
sured does not apply to "bodily injury ", "prop-
erty damage" or "personal injury" ansing out
of the rendering of, or failure to render, any
professional architectural, engineenng or sur-
veying servers, including
1. The preparing, approving, or fading to
prepare or approve, maps, shop draw -
ings, opinions, reports, surveys, field or-
ders or change orders. or the prepanng,
approving, or failing to prepare or ap-
prove, drawings and specifications, and
ii. Supeivisory, inspection, architectural or
engineering activities
CGD -48 0885
ao•oe2
c) The insurance provided to the additional in-
sured does not apply to "bodily injury" or
"property damage" caused by "your work"
and included in the "products completed op-
erations hazard" unless the "wntten contract
requinng insurance" specifically requires you
to provide such coves for that additional
insured. and then the insurance provided to
the additional insured applies only to such
"bodily injury* or *property pert that oc-
curs before the end of the penod of time for
which the °wr tten contract requinng insur-
ance" requires you to provide such coverage
or the end of the policy penod, whichever is
earlier
3. The insurance provided to the additional insured
by this endorsement is excess over any valid and
collectible 'other insurance", whether primary,
excess, contingent or on any other base, that is
available to the addution sl insured for a lost we
cover under this endorsement However, if the
*wren contract ring insurance" speafically
requires that Vas insurance apply on a primary
bass or a primary and non-contnbutory basis,
this in suranCe s pnmary to "Other insurance"
available to the addumnal insured %silsch covers
ttiat person or orgti iizabon as a named insured
for such loss, and we wdl not shale with that
"other insurance" But the insurance provided to
the additional insured by this endorsement stall is
excess over any valid and collectible 'other in-
surance", whether primary, excess, continent or
on any other basis, that is available to the addr-
tuonal insured when that person or organization us
an additional insured under such "other insur-
ance"
4. As a condition of coverage provided to the
additional ursured by this endorsement
a) The additional insured must give us written
notice as soon as practicable of an *occur-
rence" or an offense which may result in a
claim To the extent possible, such notice
should include
_o 2005 The St Paul Travelers Companies, Inc
Page % of 2
POLICY NUMBER: CO0324L158
COMMERCIAL GENERAL LIABILITY
1 How, when and where the "occurrence"
or offense took place,
11 The names and addresses of any injured
persons and vwtnesses, and
111 The nature and location of any injury or
damage ansing out of the "occurrence" or
offense
b) If a claim is made or "suit" is brought against
the additional insured, the additional insured
must
i. Immediately record the specifics of the
claim or "suit" and the date received, and
11. Notify us as soon as practicable
The additional insured must see to S that we
receive written notice of the claim or "suit" as
soon es practicable
c) The additional insured must immediately
send us copies of all legal papers received in
connection with the claim or "aid", cooperate
with us in the investigation or settlement of
the serum or defense against the "suit", and
otherwise comply with all policy conditions
d) The additional insured must tender the de.
fence and indemnity of any claim or "suit" to
ISSUE DATE: 3/06/09 - 3/06110
any provider of "other insurance" rich would
cover the additional insured for a toss we
cover cinder this endorsement However, this
condition does not affect %rhether the insur-
ance provided to the additianal insured by
this endorsement is pnmary to "other insur-
ance" available to the additional insured
which covers that person or organization as a
named insured as descnbed in paragraph 3.
above
5 The following definition is added to SECTION V
D FINMONS
'Written contract requinng insurance" means
that part of any wntten contract or agreement
under which you are required to include a
person or organization as an additional in-
sured on this Coverage Part, provided that
the "bodily intu+ " and 'property damage" oc
curs and the "personal mlur y" rs caused by an
offense committed
a. After the signing and execu on of the
contract or agreement by you,
b. While that part of the contract or
agreemerd is m effect, and
c. Before the end of the policy period
Bradley D. Johnson
Vice President
Page-.2 of 2 .2005 The St Paul Travelers Companies, Inc CG D2 46 01 OS
OW
COMMERCIAL AUTO
POUcY NUMBER BA- BN4861 ISSUE DATE 3.08 - 2009/2010
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY.
DESIGNATED INSURED
This endorsement moddles iruurance provided under the following
1 BUSINESS AUTO COVERAGE FORM
J GARAGE covey FORM
MOTOR CARRIER COVERAGE FORM
TRllCKER8 COVERAGE FORM
With rasped to coverage prowled by this endorsement. the provisions of the Coverage fang apply unless modi-
fied by the endorsement
This endorsement identities person(s) or orpanaatwn(s) who are "mks" under the Who Is An Insured Prov&
aion of the Carap* Form This endorsement does not der coverage provided in the Coverage Form
SCHEDULE
Name of Parson(*) or Organizalian(s).
ANY PERSON DR ORGANIZATION THAT YOU ARE
REQUIRED TO INCLUDE AS AN ADDITIONAL
INSURED ON THIS COVERAGE FORM IN A
'WRITTEN CONTRACT OR AGREEMENT THAT IS
SIEED AND EXECUTED BY YOU BEFORE THE
'BaDI LY INJURY' OR "PROPERTY DAMAGE'
OCCURS AND THAT IS IN EFFECT DURING TIE
POLICY PERICD
of no entry appears above, m(omybon required to complete this endorsement wall be sham on the D.dtrabons
as applicable tothe endorsement
Each person or aganae6on ghoul m the Schedule is .n mmimd' for Liability Coverage, but or to the extent
that parson or apanizalwn qualifies as an hared" under the VIMo Is An Insured Prowion contained m Section
M
of the Coverage Form
CA 20 48 0219 Copyright, Insurance Services Office, Inc .1 995
Bradley D. Johnson
Vice President
Page 1 of 1
111kktWti
1154841
POLICY NUMBER.. pT- co -DaAUI W / ISSUE DATE: 3.08. 20092070
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EARLIER NOTICE OF CANCELLATION/NONRENEWAL
PROVIDED BY US -TEXAS
This endorsement modifies Insurance provided anderthe following:
BOILER AND MACHINERY' COVERAGE PART
BURIN RS POLICY
COMMERCIAL EXCESS INSURANCE
COMMERCIAL GENERAL UABIUTY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART - CONTRACTORS
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME COVERAGE PART
DELUXE PROPERTY COVERAGE FORM
EMPLOYEE BENEFITS LIABILITY COVERAGE PART
EXCESS (FOLLOWING FORM) 11ABIITY DURANCE
FARM COVERAGE PART
UQUOR LIABILITY COVERAGE PART
PROD UCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABIUTY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SCHEDULE
CANCELLATION: , Number of Days Notice: 3•
WHEN WE 00 NOT RENEW (Nonnrnswalj: Number of Days . €o
City of Corpus Christi
Engineering Services
Attn: Contract Administrator
PO Box 9277
Claus Christi, TIC 78469-9277
PROVISIONS:
A. For any statutorily permitted meson other Mum
nonpayrnant of premium. the number of days re.
quired for notice of cancellation, as provided In the
CONDITIONS of this insurance. or as
amended by any applicable state ration ei
dammed as to this Insurasce. Is In
creased to the number of days shown In the
SCHEDULE above.
B. For any slatutodly permitted reason other than
nonpayment of premium. the of days re-
quired for notice of iMian We Da Not Rsnsw
(Wonreneval), as provided In the CONDITIONS
Section of this Insurence, or as emended by any
applicable state Hann We Do Nat Renew (Nome-
naval) endorsement applicable VI thN insuranoe.
la increased to the number W days sliovin in the
SCHEDULE above.
IL FO Z5 01 9S Copyright, The Travelers lndernn ty Company, 1 8
Bradley D. Johnson
Vice President
Pao 1oft
/ COMMERCIAL AUTO
POLICY NUMBER BA-99BA-99949612 BZ J ISSUE DATE 3-06-2009/2010
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY.
TEXAS CANCELLATION PROVISION OR
/ COVERAGE CHANGE ENDORSEMENT
This endorsement modifies insurance provided under the following
BUSINESS AUTO COVERAGE FORM
' GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS tO'VERAGE FORM
WMh :aspect to coverage provided by the indorsement, the provisions of the Coverage Form apply unless moth.
fad by the endorsement
SCHEDULE
Number of Days' Notice 30
Name Of Person Or Organization ALPHA BUILDING CORPORATION
Addmss 24850 BLANCO ROAD
SAN ANTONIO TX 78258
If this policy is angled or materially chirped to reduce or restrict aovera0e, we wail mid naUcs of anaMGon or
dump to the person or orpenvadon named in the Schedule We NI give the number d day's notice indicted in
the Schedule
CA02440i84
Bradley D. Johnson
Vice President
0 ISO Properties, Inc , 2003 Pepe 1 of 1
TRAVELERS
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 42 06 01 (00) — art
POLICY NUMBER (flTKU6- 9834C37-2-08) V
TEXAS N0710E OF MATERIAL CHANGE ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is Shawn in rtam 3 A of the
information Page
In the event d omelet= or other material change of the po1iCy, we will nil advance notice to the person or
organization named in the Schedule The number of days advance notice Is shown m the Schedule
This endorsement shag not operate directly or indirectly to benefit anyone not named in the Schedule
SCHEDULE
1 NUMBER OF DAYS ADVANCE NOTICE 3o (or * *)
2. NOTICE WILL BE MAILED TO
City of Corpus Christi
Dept of Engineering Services
Attn: Contract Administrator •V /
PO Box 9277
Corpus Christi, TX 78469-9277
1
** Number v3 days Notice specified in the Certificate of Insurance to all holders of such certificates
DATE OP ISSUE 3-06-2009/2010 ST ASSIGN
Bradley D. Johnson
Vice President
GENERAL
ENDORSE/43NT
Name ofpenson or organization insured Alp
Date this aidorsematt takes effect _14&,2E/EL_ Endorsemag Number
Pact), Number —0.6M54222--- Polk)! Period 1Q09LHELQ,_
_Ili* 1 Installation Floater
Name of Company iamb* this endorsement o.
(we Tim ad fill is the Acne odes we ism endorsenieut utter we issue your policy)
In consideration of no change in premium, add the following as an additional insured:
city of Corpus anis* Department oflingineerhe Services
P.O. Box 9277; Attn: Contract Administrator
Corpus Christi, TX 784694277
Should the aims described policy be cancelled or materially changed Wore the aviation date thereat
the issuing company will mail 30 days written notice to the shove named.
Signsturs:
Authorized Agent
Bradley D. Johnson
Vice President
KK-GLOO
ArrACHNIENT
•1 of I •