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HomeMy WebLinkAboutC2009-430 - 9/8/2009 - Approved2009-430 ` M2009-251 09/08/09 Bay Area Contracting & Constr. 5 `P S C I Ih L i' x: ~J ~J I S 1. O N S S P E ~~ I r' I C A T T v TJ S ~ i~1 x r, ~ R I~ S O~ C O N T R~ C T S A i~1 D L3 C N D S F O rt Prepared By: ~. ~~ ~,,.~ SolkaNavaTorno, LLC Y ~'~~~'~'~. 6262 Weber Road,• Su~_t~ 310 ~' i Corpus. Christi,` Texas.. 7413 ~,~ ~ ~ -1F~ phone: 36if~,'`~4-7.471 Eax: 361/05-1470 ~~ ~ 7 ~`~`~~ O~ FCJR ~~ DEPARTMF.uT -0F ENGINEERIi1G SERVICES CITY QF CORPUS CHRISTI, TEXaS Phone: 361/8h0-35(70 Fax: 361/880-3507_ PROJE~'T No: X278 w Dr`t71P~ING N0. PBG 74'] S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R HEALTH DEPARTMENT LABORATORY REMODEL 2009 Prepared By: SolkaNavaTorno, LLC 6262 Weber Road, .Suite 310 Corpus Christi, Texas 78413 Phone: 361/854-1471 Fax: 361/854-1470 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PROJECT NO: 5278 WING NO: PBG 747 {Revised 7/5/00) HEALTH DEPARTMENT LABORATORY REMODEL 2009 PROJECT NO. 5278 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised x/5/00) Worker's Compensation Coverage for Building or Construction Projects for Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials ~7 ~- --, a nF~; ~, (Not Used) A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised 7/5/00) A-24 Surety Bonds ~c-z5 " sc m n ~- • wrn r nw+ns+o an . ~ ~ (NOt USed) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents A 35 C}~y-titi*ate~ ~_,.; , ; ~;_ N ,~ (Not Used} A-36 Other Submittals (Revised 9/18/00) (Not Used) A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates (Not Used) A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders {4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) ~ mow, ~r.~., ..~ • ~ ~,.a T,.. ~„ --T~~i'-~T (Not Used} ~-4~~~~ 9~~ 6~ $~ rx" cxzxvxxz:&ccc-~rcrccx a a~ n.... _..,. ,.~.,. ..~_ n r, ,- r ~ ~ ~-, i~ i,,.,~ (Not Used) A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution & Progress Attachment I - Project sign Attachment II - Asbestos/Demolition Notification Form PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 070 THERMAL AND MOISTURE PROTECTION 070020 Asbestos Removal (S-1} Asbestos Materials Identification Survey PART T - TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 01100 Summary 01200 Price and Payment Procedures 01300 Administrative Requirements 01330 Submittal Procedures 01400 Quality Requirements 01500 Temporary Facilities and Controls 01600 Product Requirements 01700 Execution Requirements DIVISION 2 SITEWORK 02225 Demolition DIVISION 6 WOOD AND PLASTIC 06100 Rough Carpentry 06410 Custom Cabinets DIVISION 7 THERMAL AND MOISTURE PROTECTION 07900 Joint Sealants DIVISION 8 DOORS AND WINDOWS 08110 Steel Frames 08210 Flush Wood Doors 08710 Door Hardware DIVISION 9 FINISHES 09260 Gypsum Board Assemblies 09511 Suspended Acoustical Ceilings 09626 Breathable Floor Coating System 09650 Resilient Flooring 09900 Paints and Coatings DIVISION 10 SPECIALTIES 10800 Toilet, Bath, and Laundry Accessories DIVISION 15 MECHANICAL 15050 Basic Material and Methods 15060 Mechanical Demolition for Remodeling 15140 Supports and Anchors 15260 Piping Insulation 15410 Plumbing Piping and Valves 15440 Plumbing Fixtures 15860. Power Ventilators. 15881 Air Distribution Devices DIVISION 16 ELECTRICAL 16050 Electrical Specifications 16060 Electrical Demolition for Remodeling LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: HEALTH DEPARTMENT LABORATORY RBrIOD$L 2009; PROJECT NO. 5278; consists of: 1. Renovation of existing restrooms to create two unisex restrooms, one with new, easily decontaminated shower to serve the BSL-3 Lab. 2. Removal of vCT flooring and installation of new sheet vinyl flooring and wall paint in all areas except BSL-3 lab and Ante Room. 3. Demolition of casework in Rooms 48-52. 4. Demolition of ceiling system, lighting and air devices and reinstallation of new suspended ceiling system, light fixtures and air devices in Rooms 48-52 and restrooms. in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on August 19, 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 2:00 p.m., Wednesday, August 12, 2009 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Later proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent/representative, U.S. Mail, or other delivery service, to any City address or office other than the City. Secretary's Office will be deemed non-responsive if not in possession of the City Secretary's Office prior to the date and time of the bid opening. A bid bond in the amount of 5~ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5°s bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no/100 Dollars $50.00) as a guarantee of their return in good condition within two. weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A 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 MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PSR OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED .$1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND-PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term X NOT REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements X REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements _ ^ REQUIRED X NOT REQUIRED r -, ^The City of Corpus Christi must be named as an additioaal insured on all coverages except worker's compensation liability coverage. ^The same of the project must be listed under "description of operations" on each certificate of insurance. ^For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days .prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract. Administrator at 88A-350-0. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS `-s' Page 1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 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 (certificatte)--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 orconstruction--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. ('n Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes alI 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 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. (8) 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 project 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 been filed with the appropriate insurance carrier or, in the case of aself-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 materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (I) include in the bid specifications, all the provisions of paragraph (1) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part 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 (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5} retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any 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 Gra hic ., Page 3 of I 1 (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 (8) contractually require each person with whom it contracts to provide services on a project 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 the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language th 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: (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 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 (Ii) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(I~ 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: (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 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 aself-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 11 (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 (I~ 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. (t) 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, 1994. 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 571 S; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 1 I0.110(d)(7) "REQUIRED YYORKERS' 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 verb 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 ("certificate')- Acopy of a certificate of insurance, a certificate of authority to setinsure 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 X406.096) -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, off ce supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing 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, if the 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 any 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 verify 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 any 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 cert~cate of coverage showing extension of coverage, if the coverage period shown on the current certificate 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, if the 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 aself-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 if the 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 HEALTH DEPARTMENT LABORATORY REMODEL 2009 PROJECT NO. 5278 SBCTION A - SPECIAL PROVISIONS A 1 Time and Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2.00 p m Wednesday, August 19, 2009. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - HEALTH DEPARTMENT LABORATORY RffidODEL 2009; PROJECT NO. 5278 Aay proposals not physically in possession of the City Secretary's_Office at the time and date of bid opening will be deemed late and nonresponss.ve. Later proposals will be returned unopened to the proposer. The proposer zs solely responsible for delivery to the City Secretary's Office. Dels.ver~_of any proposal, by the proposer, their agent/representative, II.S. Maa.l, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed aoa-responsive if not in possession of the City Secretary's Office prior to the date sad time of the ba.d opening. A pre-bid meeting will be held on Wednesday, August 12, 2009, beginning at 2:00 p.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall,. 1201 Leopard Street, Corpus Christi, TX. and will. include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A-2 Definitions sad Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project This Project Consists of: 1. Renovation of existing restrooms to create two unisex restrooms, one with new, easily decontaminated shower to serve the BSL-3 Lab. 2. Removal of VCT flooring and installation of new sheet vinyl flooring and wall paint in all areas except BSL-3 lab and Ante Room. 3. Demolition of casework in Rooms 48-52. 4. Demolition of ceiling system, lighting and air devices and reinstallation of new suspended ceiling system, light fixtures and air devices in Rooms 48-52 and restrooms. _. All work shall meet the current requirements/standards of the American with Disabilities Act (ADA) and the Texas Department of Licensing and Regulation (TDLR) and shall be in accordance with the plans, specifications and contract documents. Section A - SP (Revised 12/15/04) Page 1 of 22 A-4 Method of Award The bids will be evaluated based on the Total Base Bid, subject to the availability of funding. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is mast advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5~s Bid Bond Must reference HEALTH DEPARTMENT LABORATORY REMODEL 2009; PROJECT NO. 5278 as identified in the Proposal} (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement 3. Statement of Qualification and Contract Information as Required by A- 28, A-29 and A-30. 4. Qualifications of Asbestos Abatement Contractor: All bidders shall submit a resume. The resume may include as much evidence as deemed necessary to establish qualifications for asbestos related work. The resume shall be submitted with this proposal. Non- submission of resume -with proposal shall be considered grounds for rejection of bid. A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 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, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. 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. Section A - SP (Revised 12/15/04) Page 2 of 22 Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Ackaowledgmeat of Addeada The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Building Constructioa. I~ ea~€ ee~€1 ie t ~ ~ ,. ~. , , ~- -K. Mininnun Prevailing Wage Scales The Coypus Christi City Crnmcil has determined the general prevailing millim~un hourly wage rates for Nueces County, Texas aS set out in Part C • The Contractor and arty subcontractor must mt pay less than the specified wage rates to all laborexs, workmen, and mechanics employed by them in the execution of the Ccaztract. The Contractor or subcontractor shall forfeit sixty cellars ($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 then 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 Cantractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project . These docianerits will also be sulxnitted to the City Engineer bi-weekly. (See section for Mirx~rity/M-uwrity Business Enterprise Participation R~licy for additional requir~nents concerning the proper form and content of the payroll submittals.) One and one-half (1~/z) 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 an Sundays or holidays. -(See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) Seotion A - SP (Revised 12/15/04) Page 3 of 22 A-11 Coaperaticn with Public Agencies (Revised 7/5/00) The Contractor shall coapezate 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 the Texas One-Call System 1-800-245-4545, the Lone Star Notification Ccxrg•~ariy at 1-800-669-8344, and the Veri2.on Dig Alert at 1-800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. City IIzgineer Project Architect SolkaNavaTorno, TT.(' Traffic Engineering Fblice Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreatian Department Streets & Solid Waste Services A E P S B C City Street Div. for Traffic Signal/Fiber Optic Irxate Cablevisiari ACSI (Fiber Optic) KMC (Fiber Optic) CLwiceCom (Fiber Optic) C'APROCK (Fiber Optic) Brooks Fiber Optic (MAN) 826-3500 854-1471 826-3540 882-1911 826-1880 (826-3140 after hours) 826-1818 .(826-3140 after hours} 885-6900 (885-6900 after hours) 826-1881 (826-3140 after hours) 826-3461 826-1970 299-4833 (693-9444 after hours) 881-2511 (1-800-824-4424, after hours) 826-1946 826-1960 85?-5000 (857-5060 after hours} 887-9200 (Pager 800-724-3624) 813-1124 (Pager 888-204-1679) 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, 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, Section A - SP (Revised 12/25/04) Page 4 of 22 relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A-14 Coastructioa Equipment Spillage sad 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-15 Excavatioa sad Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free. of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be - removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. 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. Section A - SP (Revised 12/15j04? Page 5 of 22 A-17 Field Office NOT USED A-18 Schedule and Sequence of Constructioa The Contractor shall submit to the City Engineer a work plan based only on CAL&NDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Constructioa Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two {2} bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. Section A - SP (Revised 12/15/04) Page 6 of 22 The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. ~~J -----vcr cc c ~ r i ~ i.. ~e•~tt~'~39 at-p9int c `' . l,., +- F 2 i ------~-a~^~ ~ } } • ~' cx elm},-ci~w339 A~3 ~ ~ ~'0 • } ~ ~ T '1 l } ~ } y l ~ L...l .., ~. i A-20 Testing. and Certification All tests required under this laboratory selected by the City will be borne by the City. In be done over after corrective retesting will be borne by th the Contractor. item must be done by a recognized testing Engineer. The cost of the laboratory testing the event that any test fails, that test must measures have been taken, and .the cost of e Contractor and deducted from the payment to The Contractor must provide Engineer. A-21 Project Signs all applicable certifications to the City The Contractor must install 1 Project sign furnished by the City as indicated on the following drawing (Attachment I). The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the sign will be determined in the field by the City Engineer. Section A - SP (Revised 12/15/04) Page 7 of 22 A-22 Minority/Minority Business Enterprise Partici ation Policy (Revised 1o/9a) 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 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, Section A - SP (Revised 12/15/04) Page 8 of 22 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. 3. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 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 gaid 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. Section A - SP (Revised 12/15/04) Page 9 of 22 A-23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other 'City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Boars 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 (lOs) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will. be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and .admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County,. Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the .Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemptioa (I3OT USED) E,.i i ,. .t-,..~: ~..~...a ~ mot, c i i ~ i i r--^^•••~ ~a.~ad ka~~hc1''emg~rsller 9~ ~t7~~~ 6 34P(sGltt~t~9 6~ ~'exas Sectioa A - SP (Revised 12/15/04) Page 10 of 22 a resale-eerti€ieate '- '~~ ,' 'rr 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. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor. shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. 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: Section A - SP (Revised 12/15J04) Page li of 22 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 amended to include: Contractor must provide Builder's Risk insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk coverage must be an "All Risk° form. Contractor must pay all costs necessary to procure such Builder's Risk insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A-28 Considerations for Contract Award sad Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, all bidders are required to provide with their proposal documeatation concerniag: 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 Contractors 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 receat experience in field management and oversight of projects of a similar size and complexity to this Section A - SP (Revised 12/15/Oh) Page 12 of 22 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 must be provided with the proposal form. 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 ffigiaeer'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: All bidders must submit the following information with their bid: 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. J 5. The names. and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet .the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. Section A - SP (Revised 12/15/04) Page 13 of 22 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. All bidders must submit (with their bid) in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Policy orn Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and. Chan e 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" R~g+~;+"p+"pr+ts Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in cial Provision A-1. Section A - SP (Revised 12/15/04) Page 14 of 22 A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications,. Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements (NOT IISSD) n ~ ~ ~lc'TT~C'-03~ t-~3@~~' , ' ,a ..,a ...~- ~ ~~ a. i., ~+. a y r ~~~e~~~Ee~t~ae~e~' ~ airti te-~e~€e~m any--vrerle~ '.~-~~--r'}t'r-daate~ ~..,,: , ; ~i. i et'cs cv Tie-~~ac~e~ e~all $et e~a~t~ ePe~~te-, , a .. n • a. Vi~e~-€aei~it~at~-~=~_. r, , t.. : a-.,..,8 lFl1~B~~2 p---~=o~~~~ 34~TS~~-~TS All mate~tals aid eq t~}p~te~~ ~Qed ~~, . r -w,.. l Sta~da~de ,- ..~, ~,.~.. /..,..} ~T t~ : ,. .., ea~r€er~ ~e--~,~~}G~~ } e~a a t APTSI~ ~d8~'T-Sta~da~d-~l-as~~gerihea-}e ~'^^ ems-- Sa~i~azier3-F-eaada~ a. , , a ~ , , , .. ., .., ., e , i.. .~~.. ,- .. ~ ,_,.~,. ~ ~ d !#Sg--S __a.,_a ~ -eeu€c~~ `rtt~~-AATS3 t~e , t~s ee a~s~~~e-t~ae ~ T e Bless--ette~ ite:se awe Section A - SP (Revised 12/15/04) Page 15 of 22 ~~ } '~ ~ ~e~--~~--€~e Eea~~a~~e~ e~ ~~s e~tp~e~eee, age~t~s, s~ ,•}'•"~~'~"'~"~a ciiQS~~e ee~~a}ae~ az a~~~€~tes a€ $~3e w=r~2~' f'~t~-i 1 i t jr ~'-a D2~91f=IZC•'J-GSa~~3 6a~~~ ~6~ ~3e a~~ebae~ ~'~te ~'ezaiz-~e~~l~ ~ g~oro,.r.,.,, .. a~€€e~nt ev-P~a~~s e-~~~~ ^•"'~'^~"}`"~~ vxu:cxiia'.a"o aaea~ ee'~A~e~ ~~aa e~aage, ~~tte, e~ w~a~€e $ae~ e~g~eTee ~€e~ ~~e~~~ev~~e l i ~a=:~~~e~~e~e-e-awe-~re~ a~a-~a~~e--€e~e~~e~e~,Se iiF L--°F.. ,.a ^, t, a~€€€e~ € ~ € ~ } ~ ' i Z ~ ee 3 ea a~3E s-tfge~o e 1 r , ~rE,r.]c ;~~~uaAa bu t €s = e€ ==t[ t}€ ~ fi ~€€} € , ~~a~~es se~ee~ : ~c~s €t € e e, nte ~€ } ea€ 0a9, a~} ~ ~ ~€eas; , , t~a s ag; a s-€a ~ ag, ee~re e-t-~rg; €~ese .; .~; ,...~, .. ~~~ ee~~e~-s s~a~~~s€aess € ~~ ~ } ~ ~~~ e~ ~t~e~€}~~ Fast-~~-~a~ daas~eFaa~e~ €a~t~s€ a ~as a~ ~- e~ €e €~te and ,..,...r, ~...:-~ as =e a€~'e~ } €~€ E € ~ g a e -~~~ee C~~3 ~ae~ e a a€ ~ea~ ~e~e€a €e~ a~ ~eas~~ea~: 3~r ~s~e~e~ ~ € ~ ~ ~ ~ ~ ~e ees e~ ~~gt-PtFts ~'~3f }}}Pei' ei`' a~ ~~Pe~~} t ~ a ~g aee~, € a Ee~z~e~ _ ,~ , ea €,a~€e~t €~e vac~~'~~ ~e~}~e~~~€~€s ~tg ~3ee~ ~e S ' ~' '-' l~~e~*€se-6~ ~eRt~~a~e~ a ~ta~}t€~ae€~~e~-~-s €~a€ ~ } a aQ ~~~ "'r'" r''~a -€~te s ee}€€e ee~t~se ~ € ee~€=wag ' L ~ F e se€€`aa~e~~e~ese~ €e~ €~ e~ga e~s, ~~ HS- S, Qa~ Section A - SP (Revised 12/15/04) Page 16 of 22 •~•e-ma€~a€~ts-~-Fe rmane~tt, €t~ll~sta€€ed ands ~r _=~_ - ~, „ -~-- ----~ ., ~ t vah€-eli is ~,~^ „a. ,... ^F e i ~-eq e T atantr€ae-€urer to th pmen u - ~lai~--w}11 be t~sed ~-evaluat}n l h ee all ~~ , , ^'' „~ d l a 9 she 8entrae-ter s ' -g~e t~ y to = - '' '' a h ed to blac=ks-~qt~}~ te--F oy= ~ eva s a ~ ...,, ~ • ~ ~~ 39 nez-~-tended te- ~~teva all e€ t~te~=e: ^`'^"''^ m'~^ "„ treneb}ng €er~h}s-~re~eet at the-~-~d Steve~ts ~Tater '"~^,~m^^'' ns= =1ar~shall be-~~~~g a bae)ehee er~~-ui~}nQ dtte-~-tne shall be allevaed en the-~r-ejc-mot- 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 "Attachment A"; 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. Section A - SP (Revised 12/15/04) Page 17 of 22 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. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and. repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be ap roved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" NOT IISBD ' - A-38 Worker's Compensation Coverage for Buildia or Construction Projects for Government Batities The requirements of "Notice to Contractors 'B "' 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. Section A - SP (Revised 12/15/04) Page 18 of 22 A-41 Ozone Advisory NOT IISED e~ex~^nsated a~the unit--price-==~-~~~d }n the~aR, 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 Contracts" 8-6-27 entirety and the Provisions and Requirements for Municipal Construction Indemnification & Hold Harmless, text is deleted in its following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys,. and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials,. employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-~4 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. Section A - SP (Revised 12/15/04) Page 19 of 22 (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (,5) Any other changes made. A-46 Disposal of Highly Chloriaated water (7/5/00) NOT USED _......_.." ..~.».~a..~ in the -wa~e~--par~iP~tlarly h}9h ravels Q€-~hleri~te, baill b~-used €er 'FAY f~i n,~.......1 C a a ~ a r A-47 Pre-Construction loratory Excavations (7/5/00) NOT USED „~. ~'e~ ex=etinci--k~}dal}nes wh}eh--~ar~~el~~td--~~e-w}th}n tee feet-F1~-i-et 3 A A-~ee~a~~}mam--A: E . A~e-Ya~~6}}9-6f ~~ke ~~f e3c=~cxxxg~xpc=~}3e9 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. Section A - SP (Revised 12/15/04) Page 20 of 22 Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "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." A-50 Amended Prosecutioa and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request. payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract." Section A - SP (Revised 12/15/04) Page 21 of 22 SiTBMITTAL TRANSMITTAL FORM PROJECT: HEALTH DEPARTMENT LABORATORY REMODEL 2009; PROJECT No. 5278 OAINER: CITY OF CORPUS CHRISTI ARCHITECT: SolkaNavaTorno, LLC CONTRACTOR: SIIBMITTAL DATE: SITBMITTAL NIIMBSR: APPLICABLE SPECIFICATION OR DRAWING SBBMITTAL Section A - SP Revised 12/15/04) Page 22 of 22 .~ o ° c y .- ~~ ~v \ ----- 4 ----~ ..._ ~ ~ U Q W ~~ ~ p ~ U~ 4 bA m x fi ° D ~ - ~~ CD d : ~ ~ ~~ l~ ~` k ~ •~ ~ 4 ,'~ \ ~ ~c Q U ~~ ~ o ~ ~ ~~a,_~_~ ± U O •~, U 4'-0" ATTACHMENT NO. 1 f , *~ ~ ~~ , ~ TEXAS Department of State Health Services ASBESTOS/DEMOLITION NOTIFICATION FORM (x) Below if Amended TYPE OF NOTIFICATION: (Select one and fill in tl:e requested information) ^ ORIGINAL ^ AMENDMENT No. _ ^ CANCELLATION ^ EMERGENCY •Was emergency request made to the Regional Office or Environmental Health Notifications Group (EHNG) by phone? ^Yes ^No •If yes, the DSHS reference #: and name of the Regional or EHNG representative with whom you spoke? Date: / / Time: ^a.m. ^p.m. •Describe the reason for Emergency: ^ ORDERED: (For structurally unsound facilities, attach copy of demolition order and identify Governmental Official) Name: Registration No. Title: Hate of order (MMlDD/YY): / / Date order to begin (MM/DD/YY): / / AMENDMENTS: Yott must complete the entire form and mark tl:e appropriate check box(es) along the left-hand side of this form to indicate amended information. TYPE OF WORK ^ Asbestos Abatement ^ Demolition ^ Annual Consolidated O&M ^ Abatement/Demolition Is this a phased project? ^Yes ^ No FACILITY INFORMATION 1. Facility Location ^....... Description or Facility Name: ^....... Physical Address: ^....... County: City: Zip: ^....... Facility Contact: Phone #: ( 1 - 2. Type of Facility (Select one) ^ Public ^ Federal ^ Industrial/Manufacturing ^ NESHAP-Only ^ Public School K-12 3. Facility Details ^...... Description of Area/Room Number: ^...... Age of Building: Size: Number of Floors: - ^...... Is this building occupied? ^Yes ^ No ^...... Prior Use: ^...... Future Use: ^...... Date of Asbestos Survey/NESHAP Inspection: / / ^...... DSHS Inspector License #: ^...... Analytical Method: ^ PLM ^ TEM ^ Assumed Asbestos ^ No Suspect Material. ^...... DSHS Laboratory License #: WORK SCHEDULE/ASBESTOS AMOUNTS (Note: ijthe start date(s) entered below cannot be met, the DSHS Repiona[ or Local Program office must be notified prior to the scl:eduled start date Failure to do so is a violation ojTAHPA Section 29S 61.) 1. Asbestos Abatement Work Schedule: ^...... Start date: / / and End date: / / ^...... Work days: ^Mon. ^Tues. ^Wed. ^Thurs. ^Fri. ^Sat. ^Sun. ^...... Working hours: ^ a.m. ^ p.m. to ^a.m. ^p.m. 2. Demolition Work Schedule: ^ ...... Start date: / / and End date: / I ^...... Work days: ^Mon. ^Tues. ^Wed. ^Thurs. ^Fri. ^Sat. ^Sun. ^...... Working hours: ^ a.m. ^ p.m. to ^a.m. ^p.m. ATTACHMENT II FORM APB #5, REV 5/07 (x) Below if ~-mended C. ASBESTOS AMOUNTS ^...... Is Asbestos Present? ^ Yes ^ No (Complete the table below if asbestos is present) Asbestos-Containing Building Material Type Approximate amount of Asbestos *Only mark the boxes below on this c/:art if t/iey are being amended Pipes Ln Ln Surface Area SQ SQ Cu Ft M Ft M Ft ^RACM to be removed ^ ^ ^ ^ ^RACM left in lace durin demolition ^ ^ ^ ^ ^Interior Cate o Inon-friable removed d ^ ^ ^ ^ ^Exterior Cate ory Inon-friable remove li i ^ ^ ^ ^ on t ^Cat o Inon-friable left in lace durin demo ^ ^ ^ ^ - Interior Cate o II non-friable removed d ^ ^ ^ ^ ^Exterior Cate ory II non-friable remove i i d ^ ^ ^ ^ `~ on t uring demol ^Cate or II-non-friable left in lace ^RACM Off-Facility Com onent - DESCRIPTION OF WORK PRACTICES AND PROCEDURES ^...... 1. Description of procedures to be followed in the event that unexpected asbestos is found or previously non-friable asbestos - material becomes crumbled, pulverized, or reduced to powder: ^...... 2. Description of planned demolition or abatement work, type of material, and method(s) to be used: ^....... 3. Description of work practices and engineering controls to be used to prevent emissions of asbestos at the demolition site: PROJECT INFORMATION ^...... A. FACILITY OWNER Facility Owner Name: Phone #: ( ) Attention: Mailing Address: City: State: Zip: ^...... B. ASBESTOS ABATEMENT CONTRACTOR #1 DSHS Asbestos Contractor License #: Contractor Name: Address: City: State: Zip: Office Phone #: f ) - Job-Site Phone #: ~ ) - ^...... C. ASBESTOS ABATEMENT CONTRACTOR #2 (Only if t/:ere is more than one Contractor) .. DSHS Asbestos Contractor License #: Contractor Name: Address: City: State: Zip: Office Phone #: ( ) - Job-Site Phone #: ~, ) - D. ASBESTOS SUPERVISOR ^...... DSHS Supervisor License #: Site Supervisor: ^...... DSHS Supervisor License #: Site Supervisor: FORM APB #5, REV 5/07 (X~ Below iC Amended E. NESHAP TRAINED INDIVIDUAL ^...... NESHAP Trained Individual: Certification Date: / / ^...... F. DEMOLITION CONTRACTOR Demolition Contractor: Address: City: State: Zip: Phone #: ( ) - ^......G. PROJECT CONSULTANT OR OPERATOR DSHS License No.: Project Consultant or Operator: Address: City: State: Zip: Phone #: ( ) - ^...... H. Waste Transporter DSHS Waste Transporter License #: Waste Transporter: Address: City: State: Zip: Contact Person: Phone #: ( ) - ^......I. Waste Disposal Site TCEQ Permit #: Waste Disposal Site: Address: City: State: Zip: Phone #: ( T CERTIFICATION STATEMENT I hereby declare that I have examined this notification and, to the best of my knowledge and belief, all information provided is complete, true, and correct. I affirm that I am the owner, operator, or delegated agent and that I am responsible for the fee associated with this notification. I also understand that the owner, operator, or delegated agent is responsible for notification to the department. (Signature of Owner, Operator or Delegated Agent) (Printed Name & Title) E-mail Address: Phone #: ( ) Date: / / IlVIPORTANT INFORMATION NOTIFICATION TIlVIELINESS REQUIIZEMENT: Your Asbestos/Demolition Notification form must be postmarked no less than ten working days (not calendar days) prior to the start of any asbestos abatement or demolition. FILING FEE: An invoice will be mailed to the facility owner upon completion of the project. CALL FOR ASSISTANCE: (512) 834-6747 or (888) 778-9440 (toll free in Texas) MAIL FORM TO: ENVIlZONMENTAL HEALTH NOTIFICATIONS GROUP TEXAS DEPARTMENT OF STATE HEALTH SERVICES PO BOX 143538 AUSTIN, TX 78714-3538 FORM APB t15, REV 5/07 A G R E E M E N T THE STATE OF TERAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 8T8 day of SEPTEMBER, 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 Bay Area Contracting ~ Construction, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $118,000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: HEALTH DEPARTMENT LABORATORY REMODEL 2009 PROJECT NO. 5278 (TOTAL BASE BID: $118,000.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 P R O P O S A L Place: ~ r ~U/T 1'~'l Date : /~ G/~ - P ropo s a 1 o f ~ ~ ~ ~ ~~' t..0 /~(1/2~4~G / / ~~~5 ~ l..o ~ S ~• ~~~G a Corporation .-organized and existing under the laws of the State of 1 ~X 1~5 OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: HEALTH DEPARTMENT LABORATORY REMODEL 2009 PROJECT NO. 5278 at the locations set out by the Drawings and Specifications and in strict accordance with the Contract Documents for the following prices, to-wit: 6 LUMP SUM BASE BID: $ // ~ ~~4• -r PROPOSAL FORM PAGE 2 OF 5 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. ATTE City Secretary CITY O~F~'C~ORPUS CHRISTI Oscar Martinez, sst. City Mgr. of Public Works an Utilities APPROVED AS TO LEGAL ~! O i r ~ By: Asst. City Attor y B ~~~~~ Y' Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Bay Area Coatracting & CO Ct~ C. By: Title: ~~c~a:Y (Address) CORPUS CHRISTI, TX 78415 (City) (State)(ZIP) .361/814-5961. * 361/814-5962 3902 SO. PORT (Phone) (Fax) / v ~-~.~~ ~~5~ . AUTHUItt~tD ~r c-oti~c~~ ...(~ d•`.~- ~0~1 Agreement SECRETARY Page 2 of 2 ~~ _._ n. ... P R O P O S A L F O R M F O R HEALTH DEPARTMENT LABORATORY REMODEL 2009 PROJECT NO. 5278 DEPARTMENT OF ENGINEERING SERVICES' CITY OF CORPUS CHRISTI, TEXAS PROPOSAL, FORM PAGE 1 OF 5 P R O P O S A L Place: el ~ ~U Date : /~ G~~ - p ~~ ~ J~ (LL~~- C' o ~c! Ti2A•~7~i<~!s ~ ~ ~ s ~.1~~t/G , Pro osal of ~-- a Corporation organized and existing under the laws of the State of ~TEX /~5 OR a Partnership or Individual doing business. as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: HEALTH DEPARTMENT LABORATORY REMODEL 2009 PROJECT NO. 5278 at the locations set out by the Drawings and Specifications and in strict accordance with the Contract Documents for the following prices, to-wit: a LUMP SUM BASE BID: $ ~/ ~ ~~u• -- PROPOSAL FORM PAGE 2 OF 5 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10} calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond {as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5~ of-the highest amount bid, is to become the property of the City of Corpus Christi in the event. the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MB£ firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 70 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. , Receipt of the following addenda is acknowledged (addenda number): (SEAL - IF Ba~~7ER IS a Corporation) NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Respectf s bmitte Name : y -~ By. (SI nTURE) Address : ~j~'QZ 5,~4.y .O. Box (Street) p (Ci y) (State)~~~ (Zip) Tele hone: ?ale I - g¢I ~ 5 (Revised August 2000) PROPOSAL FORM .PAGE 3 OF 5 Bond No. 09-8884-PP P A Y M E N T B O N D STATE OF TEXAS ~ RN1Dp7 AI,L BY TBS SE PR8 SENTS COUNTY OF NUSC.ES ~ THAT Ba Area Contractin Construction Ina_ of NIIECES County, Texas, hereinafter called "Principal", and First Sealord Surety, inc. , a corporation organized under the laws of the State of Pennsylvania 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 I3ueces 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 ~E HCTFIDRED ETGHTEBN THOIISAND AHI3 NOJ1D0 {$318 000.00 DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for _ the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: T8E C0a4DITION OF THIS OBLIC~TI~' IS SIICH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH day SEPTEt~ER 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: HEALTH DEPARTMENT LABORATORY REMODEL 2009 PROJECT NO. 5278 {TOIL $~sE ern : 5338, 000 . oo~ NOW, TSEREFORE, 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. PRA~V2DED FURTSBR, 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. P~ Jrmant Bond Page 1. of 2 This bond is given to meet the requizements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claim,ant", "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• oat of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. - IN WITNESS WSf3REOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 23rd day of September , 20 09 PRINCIPAL - - - Bay .Ase~C trading & Construction, Inc. S r""' ~~~ (Print Name S Title) ATTEST (Print Name & Title) _ SIIRETY First Sealord Surety, Inc. - 789 E. Lancaster Ave., Suite 200, Villanova, PA 19085 8y: - Attorney-in-fact John W. Schuler (Print Name) The Resident Agent of the Surety in Nieces Caaz=tp, Texas, for ~p'xvesg 4f notice aIId $+1?SYic@ Of pxaL'4'SS is: ~~a~~y; IBC Insurance Agency - Coatact Pezsori: Jim Stegall AddL'e88: 5444 South Staples, Suite100 Corpus Christi, TX 78411 - Phone N`t~aher: 361--985-1900 (NOTE: Date of Fayment Bond must not be prior to date of cantrzct) (Revised 3/087 ... ji^..-.. Page 2 of 2 Bond No. 09-8884-PP P E R B O R M A N C E B O N D STATE OF TSXA.S § IQ~f3T~T ALL BY THESE PRESENTS CdIINT1C 4F NETSCES § THAT Ham Area Contractiaq ~ COnatruatian, Inc. of NUECS3 County, Texas, .hereinafter called ~ "Principal", and First Sealord Surety, Inc. - , a corporation organized under the laws of the State of Pennsylvania and duly authorized to do business in the State of Texas, hereinafter called _ "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of ONE HUbIDRBD SIGHTSEIS _ TSpU$AND AND NO/1U0($118,004,04) DOLLARS, lawful money of the United States, to Jae paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCK THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TS of S73PTF.MHSR , 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: HEALTH DBPARTl~NT I~l~IBORATORY RE2~OD$L 2449 PROJECT NO. b278 {TOTAL Bi1S.E BID: $IS8, Q00 .0{)) NOIi+T, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if '- the principal shall repair and/or replace all defects due to faulty materials and/ar workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect . ~- PRAIYIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas_ _ And that said surety far value received hereby stipulates that no change, extension of time, alteration or addition to the texins of the contract, or to the work performed thereunder, or the plans, ... specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or __ addition to the teams of the contract, or to the work to be performed thereunder_ Performance Bond Page 1 of 2 This bond i.s given to meet the requirements of Article 5160, SJernon's Ciuii Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to wham any requisite notices may be delivered and on whom service Of proCeSS may be lead _ in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Cade,. 3N 3~TN8SS.pfiER$OF, this instrument is executed in 9 copies, each one of which ~~ shall be deemed an original, this the 23rd day Of September , 20 09 - PRINCIPAL, Bay acting & 'on, Inc. • B __ vJ ~ ~, 110- (P int Name 5 Title) ATTEST (Print Name E Title) St1R8TY First Sealord Surety, Inc. 789 E. Lancaster Ave., Suite 200, Villanova, PA 19085 ' - By. ~~ °~ Attorney-in-fact John W. Schuler ~ ° (Print 23ame) - The Resident Agent of the Surety in Nnecea County, T+s~tas, for deZi.v'~rp of uot3ce aa,a servi.ae of gr+ocess is: . - ~a~: IBC Insurance Agency Contact Fessozt: Jim Stegall AG~reBS : 5444 South Staples, Suite100 Corpus Christi, TX 78411 Fhane Nt>atber: 361--985-1900 (N02'E: Date of Performance Bond must not be prior to date of contract){Revised 3108) Performance Bond Pac7e 2 of 2 First Sealord Surety,'nCi. Power No: TX -0714-09-13558 Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That First Sealord Surety, Inc., a corporation of the Commonwealth of Pennsylvania, (hereinafter the "Company") has made, constituted and appointed, and by these presents does make, constitute and appoint John W. Schuler of Austin, Texas its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: ********"* Not To Exceed Five Million Dollars---------------------- -------($5,000,000.00) ***"`****** Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corporation on April 7, 2003 with all Amendments thereto and are still in full force and effect: "Article XI1: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attorney- in-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative. The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, First Sealord Surety, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 20th day of January, 2004. "~~~? ~`` First Sealord Surety, Inc. p~ ~;~ -. (Seal) ~~+~?lsw:"~~ Attest: C BY --,, ~ -~~~ c , .' ~`"'"''°"""~ Gary L. Bragg, Secretary Joel D. Cooperman, Vice President Commonwealth of Pennsylvania County of Montgomery On this 20th day of January, 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sealord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that heWsygn,~d his name thereto as~VicerPresident( of said Corporation by like authority. COMMONWl:AL.TN OF PENNSYLYANtA ~'''ati r. e rF~, G%^~l i~l~ ~`~./ ~~ -~tot~ Seed iF1°/~~w •:gi ~- AnthanyT,Stewart,NotaryPubAc (Seal)~~~ ~~=~~~ -Notary Public LawerMer}on7wp.,Morrtporr+eiyCotmiy :;~ ~: f~lyC,ornmisaionExplresAu¢5,20t0 t, ., ~ ''NS''i~~'~~ Member, Pennsylvania Asaoctetlan of Notarise ' °r4j~; P~,,~~' CERTIFICATE I, the undersig't1'i=d Secretary of First Sealord Surety, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an Attorney-in-Fact as provided in Section 12-1 of the By-Laws of First Sealord Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First Sealord Surety, Inc.: "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made." In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this 2.3rdday of September , 20 09 This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here 09-88B4`-PP ), the bond number is the same number as on the original bcnd, d the b/lon~d num/be'r has been inserted by an officer or employee of the Company or by the agent. (seal) ~~' " s'~' Ga~Bragg, ecretary First Sealord Surety_['On.doc (Cd Ol/~0/3004) CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469-9277 RE: Certification of Power of Attomey for Pertormance and Payment Bonds Project Name/No.: Cif of Corpus Christi Health department lab remodel 2009. Pn~ ject no. 5278 Surety Company: First Sealord Surety, Inc. Ladies/Gentlemen: !, Sam W. Allison as Texas Gafewav Manager of First Sealord Surety. Inc hereby certify that the facsimile power of attomey submitted by John W. Schu/erfor Bav Area Contracting & Construction. Inc.. a copy of which is attached to this certificate, is a true and correct Dopy 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 attomey, 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 / Signed this r' S~ day of r~G~~fI ~~ , 2009. L:-r~/- ' Name: ~2rn ~,~~~s~yl Title: /fit ~~~e ~r¢ ~ ' F%'~f S~.~t~•~~`j~'''~''1 -f-71G . Sworn and subscribed to before me on this _~ day of ~ oha.2T. 2009. o ry Public State of My Commission Expires: ( ( ~ ~'~r:d',wd AMANDA M. SMITH °~ ~'4~'': Notary Public State of Texas `~? My Commission Expires ~='~~~% +'~' December 01, 2010 ACNMENT 1 ,l_ 1 OF 1 j~'' ~:' :,.~~~,s.~; .A~* 1 ..r FIRST SEALORD SURETY, INC. IMPORTANT NOTICE TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 7871.4-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending. it to the following address: First Sealord Surety, Inc. 789 E. Lancaster Avenue, Suite 200 P.O. Box 900 Villanova, PA 19085 You may contact the claim office by telephone at: 610-664-2324 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. PLEASE NOTE: This notice is for information purposes only and does not become part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 Notice of Claim -Texas (Edition 07/23/07) v. • • v• vv. ~. vv v. o ~. ~ DISCLOSURE OF INTERESTS ~~~ City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every cy~estion must be answered If the question is not applicable, answerwith "NA". FIRM NAME STREET: FIRM is: 1. Corporation / 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) I1//A~ 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title ~~~ 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 ~f ~ 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas s changes occur. /~ ~ .ter Certifying Person: ~ L1- Title: / 1~SI1 ~1 ~ (Type or F rifif) Signature of Certifying Person: ~ Date: - D. PROPOSAL FORM PAGE 9 OF 5 DEFINITIONS a. "Board Member". A member of any board,. commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the farm of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Murncipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding orcontrol established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. PROPOSAL FORM PAGE 5 OF 5 lw Vl•CUV7 UO.V/ AC~7Rb' ~.....-- J0101~+7YU4 H I L_wa 11V~UKW`It,,~ CERTIFICATE pF LIABILITY 1!IVSURA~NCE Atlas Insurance Agency Inc ~ 954 3.W. Military dr. Ssn Antonia, TX 76221 210.927-2277 INdUREO Bay Area Contreating & Constru ion, Inc 3942 S. Part Ave. CDrpus Christi, TX 78415 THIS CERTIFIG,~rE rs issUED AS A MATTE#t of= ONLY ANO CnNtlffRS NO RIOMT$ UPON THE MOLDER TH18 :ERTIFICgTE DOES NOT AMWD, iNBiJR>:it! At-F0~1DINp CDVERA6E IIJ~pA: t1~ i11Yk119Iips CV COVEi2AGb _ f'i3UG Ul / UL aATE mellroonYrq 09/22AD9 NAIC A T~ H ANY REQtJIRgMINr TERM ORLCONDn70N 0R ANY CONT~RAC~T W O~TFi~R pO~CUMENf I ~ Ek y a~ D ~ RT FjN C W RE ~ Y 1( j ~,p I 8 E ryIpY BE 9UED OR MAY PERTAIN, •rH! INSURANCE AFfNJRDlp t)Y ThIL P061CIE8 DESORI6ED IigREIN IS eUBJECT T O AI.I TF1E TERM6. EXCLU310P1$ ANO CONDITIONS OF 8UCM rOUCI~, AGGREGATE LIMITS SHOWM (µAY HAVE SEEN REDUdEp BY PAID CLAIkS. L TYPEOFwa OOLlCYNUNrofiR L RS CENHRAL UA9lLITT / COMNIB EACH OCC{lgpEyLY ; 1,000,000 RCIAL QENERAL llAeIUTY D CLAIRISM40E ~ OaCup b i 60,OOG A X 3CY53B7 11!07/ZOOS 11!0712009 MICDO'iAnyem on) = 5.000 PERSONALA,AOVIWURY = r,aoo.oDC 3ENEpAL Ap4REGATE S /a.00D.000 vEN'l aoOREAATa, LIMIT A~PLIEd RlR; PROOOGTS - COMPIDP AGO f 7.000.000 POLICY PROJECT LOG A VTOMOeILE llaYll.f1'Y - ANYMtrO GOMBINWSINCl6LIMIT IESr tlneNOM) S '7,000,000 All OWNEDAUTOS SCII6DULE0 AUTOS ~O~ORY~INAJ~ ~ C k rnREO AuTOa 06788690-4 12!22/2008 1:122/2009 NON-OwNEpA~JTW / eooar wJURr IPMbccRJSnq i I PlttOR'ERT~'DAAIACE ~i~reerr IICCItl9lNI ~ QhRAGE WABILITY AUTO ONLY-LEA ACCIDEIJr S ANY AUTO EA ACC QQYTN~ ~~}11~ Al1TO OtJIY-N A00 3 87IRE7'AIMBRlLLA LIAE1LttY z ac ~ EACH CCWRRENGE S 1,000,000 C cuR ~ cLal~rcNAOe ~ AGGR40/1TE $ 1,000.000 CUP2113411 01108/2009 f)1/08/Z010 s osoucrlal,E ,/ _ . ENTiON S 6 y~p~~{I~y H!MPLOY6RCrOIIWENi1l1T10N ANO LLII LL RRYY TORY L MITS B ~~ A MlYPROPRI6 RTNE~xIFCVT~vs oPPICE1tlMEM 4XCLUD@07 E,LEAQIACgDENr 4 1.00O.OOD WC10622 11J~1e•2008 1'1!01!2049 ' 1 OVO O IIy~e, 0l611Et rn0ilr fLOINe4aE•EneNPIGI EE . ,O o : BPEOIAL I'hOYIeNfNe baler. EL. DISEASE • POLICY LMAR S 1.OOOA00 OYMq! City of Corpus ChristiMe2lnh Oept. i.aboratory Remodsl 2009 Project Namv #5278 ~ City a1 Corpus ChrtstlMeatth Dept. Laboratory is listed as Addtionai Insured on all general Liability and all Auto Liability policies City of Corpus Christi Enginesring Services Attn: Contract Administrator PO Box 9277 Corpus Christi, T7C 78469 25 ®ACORD C~RPaitATIDN fitIOULD ANY OF THE AYWE WlSCRRIEO PDLICtfS 0E CANCELLED 9EPO7tE Tii! e%-IRAT~dN DATE TNEReOF, TlIE 19JUINa tMyYRBR WILL ENDEAYCR TD MAH. 30 Y0 MtmEN NOTIpE TO THE CERT IFlCATE NOlOER NAMED TD THE LEFT, fUT FAS.URE 'r0 OO /G ENALL IMPOeot NOOfLNiAlTal OR UAe1LRY OF ANY KT~ID UPON THE INSURER, n3 AGE9YTd OR j REPREifiNTAfIYEd. - ~t rtunavvs»eeseQ aur..n.e ~- ~-~ ~~• ~-~ ~.+. v -. vvi yea ti.i-~v-r H I LH~ 1IVO{JKHIVI.C r(a(jt b1/ b'J ~~ C'OMMSRCIAL GENERAL I+~BxLITY THIS ENDOR$EMSNT CEiANGES TAE POLxCY - ~~LEA.aE READ IT CAREFLII~LY ADD~ONAL LNS~7RED _ OVV1~tER;~~ ~.~.gSEES OR V CONTRACTORS ~FOR~I H) This eztidorsemeat modifies insurance pravidewl under the follc~w9,z~g; ~QMMFRCTAL GENERAL L?AB~ILITX i_aVERAGE PART e\\\(((/ SCfIEDLTi,g ~ of Peraan or ~'4onsi.zaCioa, City of Cpxpas Chrd.sti DepaxtmextC o! ~gi:necring 6ervices ATTDie Coa,tzset AdRtiniatzator p • o . 84ac 8279 coxpua Christi, Texas 98469-g277 (IE no eritxy appears abavp,, iafcrn~ation requizad to G'omplete this endorsement w3I1 be ezaown is the Dec1E-x'aCion as applicable to tkis endoz~ueme~xc , y WIdO z9 AN =1vSUR8n {Seetipocs t2) As ameades3 to inclt~tlg ga axf. insured the arga;nixatioa, shown in the Seheds~3e, but only. with re.~~ Perms or "your wQZk" fax that insured by or for yott, pest to la.a~bility arising cut of S V Named x~surede Bay area Contracting & Gan~struction Inc policy NumbEr. 3CY5367 Sf festive Date of This Endaxaemant : ~ 9 / ~ ~ / D 9 ~~_~~ Authorized RaPre~+e~tativea 9 r „--~-~„ wane (Frir~ted) ; Pauline Rodriguez Title (Printed) ~ A9ent . ca Zo io 1Z 85 Z'd Z969-b68'L9E-l J A A~.•J ~r i aF z ea~e~ e~uuoa d60~50 60 L 6 d@S 09/28/2009 11:41 3618149404 ATLAS INSURANCE PAGE 03/07 P,I~OGRE.f1/~/E~ ATLAS INSURANCE AGCY 5110 W16KINSON DR CORPUS CHRISTI, TX 78415 361.814.9400 Cer~i~~cate a# Insurance GcrlrfieaM Holder Insured ~'""" ~~~~~ ~~~~~~ BAYAREA CONTRACTING & CO Additional Insured CITY OF CORPUS CI•IRI e / 3907, S. PORT PO 80X 9277 v CORPUS CHRISTI, TX 78415 CORPUS CHRIST, TX 78469 Policy number: 06798690-0 Underwritten by; PROGRESSIVE COUNTY MUTUAL INS CO SE~ptember ZB, 2009 Paye 1 of Z A~e~ ATIA51NSl,IRANCE AGCY 5110 WIIKINSON DR CORPUS CHRISTI, TX 78415 This document certifies that insurance policies identified below have teen issued by the designated insurer to the insured named above for-the per':od(s) indicated. this Certificate is issued for information purposes only. h confers no rights upon the cefl;i~ficate holder and does not change, alter, modify, car extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are ;;uiojea to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy ETfeaive Date: Dec 22, Z008~~~ ~~~~~~~~~~~~~ ~Pollcy Expiration Data: Dec 22, 2009 ~~~ ~~~~ ~~~~ ~~~ ~~~~~~~~~~~~~~~~~~. ~.~.~~.. ~~ Irye4rence coveri~BtS) .................. I.ig11tS ..,,.., .........................,,.,.,....,,,,,,, BODILY INIURYlPROPERTY DAMAGE $1,000,000 COMBINEC SINGLE LIMIT UNINSURED/UNDERINSURED MOTORIST $25,000%$50,000 .. UNINSURED MOTORIST PROPERTY DAMAGE $25,000 W!$250 DEO Description of LocatiollVVehicles/Special Items Scheduled autos only 1997 FORD ECONOLlNE E250 1FTHEZ4L5VHA5427b PERSONAL INJURY PROTECTION $2,500 2008 FORD F250 SUPER DUTY 1 FTSWZ 1508E8117.69 PERSONAL INJURY PROTECTION $2,500 COMPREIIENSIVE $500 DEO COULISION $500 Df:D ROADSIDE ASSISTANCE SELECTED 2002 FORD F250 SUPER DUTY 3fTNW211.52MA1983 2 PERSONAL INJURY PROTECTION $2,500 COMPREFIFNSIVE $500 DED COLLISION $500 DED Stated Amount $25,000 Stated Amount $10,000 cnnam~ed 09/28/2009 11:41 3618149404 ATLAS INSURANCE PAGE 04/07 Policy number; 06798694-0 Page Z of Z Cerc~cate number z7109NET690 Please be advised that additional insureds and loss payees wi11 be notified in the event of d mid term cancellation. ~~ Fnrm 52Ai (tON121 18/82/2989 11:24 3618149404 ATLAS IiVSURANCE PAGE ai~a1 . ---------'-' pdiCy No: 3CY5367 , /. eyy Area Connadlnp 8~ eytlon, rite - i ,% In consideradan of the paymraM of the Premium, in reAerrcD upon thB Stett'rttattts mrtde 10 StE Company by appltcatian tmd subject to the leans set forth tteFein, fhe Gbrtipany desi8nlltad on the pecleralfar~ Pa4Je ~fl ~~ Sltttdt ~0~~~' herein oeJlsd the Company, AGRt:ES wlththe lnt:ured~ coniwuiaN pa.icYCO~mo~s All Cvvr:rgge Parts inducted fn this polity are subject tD the io~owinq oondidorts. A. CA'NCELi.ATtCAt 1. Th>' first Named Ir>sured sirtiwn in the ADtlaragons n+ay tarrcvi this poky fry msging or delivering to us adv$nce written nvlios o6 caned. 2. We nKay cancer l4yls pvkoY b'Y malting or dd'wedn9 to the lir8t Named tnsuaed wrtller+ malice of cantelatton at least: a. 14 days before the effodkre. dale Of eanorl8tfort d we camel for nonpayment d prdhiurn; or b. 31) degrs bdfora de elleelfaD dace d cartoepaHon it yarn Cancel for any ofller seasor-- 3. W~e will mas or def ~o~ i ~ tbst Named insurred's leas meding. B. C, t). a. Na1~ d cancanetion will tb~ill end riser aRe. ~ caneelmllon. Ttrg pollci- Pe g, Y this' PptlGy Is ddncetiad. wv wNi sand the lilsl Alsprod insured sny Prernrum rraFund due. R we rarscoi. u,a rdUnd will be pro rata. tt Ilse iiril Named kssuted canceta, the seWnd meY bs lose than Pro ram- Tho c3noclietion win be eitect'n<a even ti we have not made or oMenad a refund. 6. 11 iwtlae k maiUd prod or rnsling wbi be .,rulReiant proaF Df nvtka. CHANGES This peYy+ cont>rltrs ail tk-e $preerrretRS between You and ua costcaning rho insurance atlorded. The Gral Ntlirred ln5ured ahOvrr- in ihD peclorations T$ Authorised tv mR~ dnsl~ng~ in the trims o1 this poiiry with our oonsaAt. 71ri9 poilcys uerms can b us rand rt~reede partaof M+is pd~'r~ by endorsemslrt isEUed try EXAMINA71O1't OF YOt3R BOOKS ANfD R~ORDS UUe srroy esramirte and audidl~ d~ngthc Porky period and n:laseto this Poite',y d'~ up to IMS1C yWrs adarawtd. INSPECTfONS ANO SURVEYS INe have the rigtA but mind aurvey5 at any Gnse; 1. inspeOQvrta~ ~ aondldons we find: and 2. Gtwr yeu reports 3. Reconarrsnd dhenpes. d, ar recommandatbns Ark IrtSP surveys. P rereiutns ro be charged. carafe only to tnsurabililyl> ~n~. ~ ~ not undcrteke JHa da rrot metre:etely n>N or i~rllon to provide to prlrfonn the d uty of sny person orgy CtN rite hC>allhvr savory otworkars or ttse public. Anti we do not warr»nt that ~ondiUcrss: ,. ~ 'f . Ate De~fe of fiaaUMui; or orstlsndaRFs. ~. Corrrpfy wNh laws. ragulal~ns, oodeo This ~'rRptr appbss not orny to us. but ttlsD to rJny rating aduinory. rasa stmice or similerr wgenlsoAan whk:h rre-ke9 inePii~-~• surveys, nDporls or insurence~ raconnne+ideGw+sr. E. pREMlfufiS 1'he i'rtst hlSmad Insared sAown'ontoF A p~ uma; and ~. tr respotetlble far 117e P premiams vyo pelt• Z, tNU fie the payee far s++y 3, Ptoanium tsttorlrl in 1ttC DeGaralipns vane computed besrsi on retao in stied M the 11n~ the potlcy was issued. On e®Cir rr:nawai, mntinuatitxt or arrnivmsnry of lfgn• eNetttvo drdN W this p~Y• yre vnriil compete Ih! pternWm i:+ eoc~rdenaa wlttt our talcs erld rules#hen in etkacl. F. pRt=rl1ltf M$~ t~gb/11M DEPDSIT AND AUd17 Alt eetanmees ip thk potiey to rtllnlmttm o*sdlor deposit ptemiuma and pKmium audits k rrrpl'aced by the idowing, as resperslecasuslty: Premlunr shown rc adr>lnced ~renrrturn is both n deposit prsmlrms and a miniDtum premsnrr tar the pollry term. At tits C1ot+sr at eoch audit period wa will compute eam~i prernfuM Tor Thal period- ti craned le More Than edaanoa ptpmivar than the amount by which d orrceDds edvanee pternkirn is dsra and payable on ~ t1~o ~mh+~imueri premium IDSS, ad,,vona¢ premium apphres vrntls no return paya4le loyou. li ItsiS ysrrry K wnoelled 1ho Pm rasa or ahuA teEG of tiw minlmunn and depose Pn,enlun- wiy apply for lho policy term. sabjaet to An absolute minimum Ysm~e Sp ~ ~ar~t x544 dR the lalsl advance plemi tn. daaelq>e grCat¢r thsrr ~~ ~ minlmunrbuplem~ thin a~oon&bla businosD, hOwcvCr. beoomr: s rutty eAmad et rho end of your sesa;an. G, 'iit~pplBieER OF YOUR Rlf3FlTS AND Dt1T1ES UNDER TNiS F'OI.ICY Your riihls and duties urtdat ibis policy may not be ttansfetred wlUtout D4f wriiten t~neeat ercetpt in the case of death of an gtdlaiduat Named Ir+sured. a ypy ,~iD, yeur rigirte end doles will bo issnstarrad to your IDgDI alpresenlai'nr8 t>ut dwY while SCdng yalihk- thsrB~pe of drdias as yew latrai rCPn+~n~^'o. Unia you 9 roprasernetivrs is apl~ed• 9~ ~I t>~ernyixrr~~tCS temporary ctstody of yore ~ th~rtPony. and dutlea butorlty vACh tetpeCi VJi LVI LVV,J VJ•VJ JVi ViY JY VY •r~ •~I rHt~t n4i eo j A/ Q~ Q/Yf. CANCELLATYON PROVISION OR COVERAGE; CEIAINGE ENDOBBElY~1T This endoreerinent inodifiee iast,~ra~seo pravxded rustler the follow~.ag: • SOB~~i AD'1'O COVy,~711'iA ir'O~Y ~ COYiJg18F]i FO]tK • ~at8 CO'VlRAfii $iiRtt r Thin eaclotsement chsrrge6 the po7,iey effeetiv+e oa t:he i~aceptica date of the peliey tuslesg anoCher date is inAfnatoel t,~z.~... >~xsdor®ementi t=#eative Policy 1vu~cr 12/22/08 06'79Ei690-0 Kamen xasuxod Hwy Area Contracting 9 Const .. Cotuster:sfgned by ~IhaaLflV,iiSQQ saopre90i1LdL1Ve! .~-.-..,~..,~$1 ~ days before tbi$ po7,.icy ie cancelled or ne-aerially changed Co reduce or restrict caveragre we w311 snail notice of the caacellatioa or rhaaage to SEp_S~SA01 ~ ' Imo. M ^^ ~~. tfiAeer D~atne and Address} i Cl.tx of Carpus Cbriati Dept . of 7:ssg'ineeriag 8ervicee Attn: Contract A~dini.aistx~ator P.O. AaOC 9277 Corpus Chz'isk3. '17C 78469-927'1 Authorized Reprpsearatfve: - ~ - .>_ Name (Printed} : Pauline R~driguea Title (PrSxsted) :'A'gent FORlfI Z'8 OZ OZA - C'A~iiLi1'1'YOlP ~k01R~a21' OS COI/~iR~ tBi1RirB Temas ~3~adard ~bomiobila 7d>d~s:csosezst Preserib.d lrtsnreeba~ ~.. 1987 ~'a Z969'bLB-L9fi-L H 1 LH,'~ 11V.71J1[HIYIiC A7'TACHIV~' 3 Bia:a~j oiuuoZ{ ~ d60:S0 66 l l deS 09/28/2009 11:41 3618149404 ATLAS INSURANCE PAGE 06/07 ...............___......_....__.........~,,...,..~...,.,..,........r,,,~.n~~~,,,,,,,.-n.~~-,...~:7~n%!er•.nwr~~N~we-.anwnrw.r aewre~w^w',:~-ne~xmw~iec^.~rrmenvxwW~rwmnimamrev.+~nnrx-n+.R~•~:~+rz:ree~ w~'"",••,Nw:. TEXAS WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY MO-iNUAL WC 4Z 03 Q4 A 1st Reprint Fftecttve January 1, 2D00 TI~XAS WANER OF OUR RIGHT TO RECOVf~R FROM t)~TFlERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Te~aas is shown in Item 3,A. of the information Page, we have the right to recover our payments from anyone liable for gn 1nJury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described In the Schedule wheirra you are required by a written contract to obtain this waiver from us. This endorsement shall not operate dlreotiy or indirectly to benefit anyone not namw:~~ in the Schedule. The premium for this endorsement is shown In the Sehedute. Sch©dule (x) Specific Waiver Name of person ar organl7atlon - Clty of Corpus Chrlstl, PO Box 927'7', Corpus Christi, TX 78469 x Blanket Waiver Any parson or organization for whom the Named Insured Itas agreed by written contract to famish this waiver, C~peratlons: All Operations 3, Fremlum T'hc premium charge for this gndarsement shall be 2% percent of th~c; premium developed on payrali in conrsection with work performed for the above person(s) ar organization{s) ,arising out of the operations described, Advance Premium Nt7T APPLICA9LE 'this endorsement changes the poticy to which it is attached and Is eff4ctive on the dais issued unless otherwise stated. (The information beiow is required only whop this endorsement is issued subsequent to preparation of the policy,) >;ndorssment Effective 09/12!09 Policy No, WC10li2z ~ Endorsement Na. 1 Premium $ STA irtsured Day Area Contracting & Construction, InC. ' Insurance Company Countersigned By Texas Builders Insurance Go. ,atlas insurance Agency, Inc. 70131120E LCONZA 09/28/2009 11:41 3618149404 ATLAS INSURANCE PAGE 05/07 WC 42 0~ 01 F TEXAS WORKERS' COMPENSATION .AND EMPLOI(ERS' LIABILIITY MANUAL l:ryective January 1, 2000 3rd Reprint PART F{VE -PREMIUM A. Our Martuats is amended by adding the sentence: In this part, "our manuals" means manuals approved or prescribed by the Teas Department of Insurance, C. Renumeratlon Number 2 is amended to read: 2. Alt other persons engaged in work that would make us liable under Part One (Workers' Compensation Insurances) of this policy. This paragraph 2 will not apply if you give us prpof that the employers Of these persons lawfully secured workers' compensation insurance. E. 1=1na1 premium Number 2 is amended to read: 2. If you cancel, final premium will be calculated pro rata based on the time this policy was in force. Final premium will not tse less #han the pro rata share of the minimum premiurr~. PAR'ti 51X - CQNDmoNS~ A. Inspection is amended by adding this sentence: Your failure to comply with the safely recommendations made as a result of ern inspection may cause the policy to be cancelled by us, C. Transfer of Your Rights and Duties is amended to read: Your rights and duties under this policy may not be transferred without our wnitten consent. If you die, coverage will be provided for your surviving spouse ar yvur legal representative. This applies only wfth respect to their acting in the capacity as an employer and only for the workplaces lish9d in Items 1 and ~4 on the Information Page. D. Cancellation is amended to read: 1. You may cancel this policy. You must mall or deliver advance no#ice to us stating When the cancellation is to take effect. 2, We may cancel this policy. We may also decline to renew it. We must #live you written notice of eanc:ellation or nanrenewal. 'c'hat notice vriA be sent certified mail or deli+ren:d to you in person. A copy of the ~nrritten notice will be s®nt to the Texas Department of insurance, Ohl sloe of Workers' Compensation. i 3. Notice of cancellafion ar nonronvwal must be sent to you not later #han tine 30th day before the date on which the cancellation or nonrenowal becomes effective, except that wee may send the notice not later than the 10th day before the date on which the cancellation or nonrene~a+ai becomes effective if we cancel or do not renew because of: a. Fraud in obtaining coverage; b. Misrepresentation of the amount of payroll for purposes of premium calculation; c. Failure to pay a premium when payment is due; d. An increase in the hazard for which you seek coverage that results 1`rom an action Or omission and tha# would produce an increase in the rate, including an increase because of fanure to comply with reasonable recommendations for lass control or to compy within a reasonable pe~od with recommendations designed to reduce a hazard that is under your ca~ntrot; e. A determination by the Commissioner of lnsuranCe that the continuuttion of the policy would plaoe us in violation of the law, ar would be hazardous to the interests of subscribers, creditors, or the general public 2 of 3