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HomeMy WebLinkAboutC2009-532 - 10/27/2009 - ApprovedJ _R 2009-53? 1~I2009-303 10/27/09 KJ1I Commercial S P E C Y A L P R O M S' -- -T ------ -- _- -- -- - 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 0 R ~, Project # 5248 Police Department Elevators POLICE DEPARTMENT ELEVATORS Table of Contents NOTICE TO BIDDERS NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - B PART A -SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations 7/27/09 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 , ~ ,~,r°;~+°,,.,,,,.° c~ c°M,;,.°° (Not Used) n-~ " ~ ^.,.,.,~~ „._a '?'_ ~., ~'.,_.+_..? (Not Used) A-14 Construction Equipment Spillage and Tracking n-~ ~ , ,.,+;,,~ .,.,a n°.,,,,~,,,,~ (Not Used) A-16 DisposaUSalvage of Materials A' ~ ~~°'a ~'~°° (Not Used) A-18 Schedule and Sequence of Construction "~ , o r,.n~+..,,,.+;,.,, c+.,v;,,n (Not Used) A-20 Testing and Certification A, ~, D,.,,•°,.+ ~;,,.V.~ (Not Used) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised 7/5/00) A-24 Surety Bonds A-~ cis ~,,..~r«.,._ NO LONGER APPLICABLE (6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's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 TABLE OF CONTENTS 1 OF 4 Project # 5248 Police Department Elevators A-33 Conditions of Work A-34 Precedence of Contract Documents z4-3~ r-~:+~, xx~„+o,. ~,,,,;i;+;o ~~ .,~ v • o,.,.,or+~ (Not Used) ^IA1-1<G{.1 GZZC Vllltll~ A-36 Other Submittals (Revised 9/18/00) n ~~ n ,a a i~ n ..+ .,ra r~,,,..no ~~rsxr + ~ ...,;.,~,ea ~.<, +x,o r;+~,~! (Mot Used) ~•~~~ ~~~(~l 1 ~i1111V1 •] A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates A ~, n":.,e ~ a.,;~,.,.., (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) n n~ n• ~ ~u• ~.~~, rt,i,,,.;,,.,+sa xxr~+a.: r~icm0) (Not Used) ~ n~ n r +.., +• ~v~i,.,..,+,.,,~, ~.,,..,<,~+;n„~ i~icmm (Not Used) ~~~~ A-48 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T - TECFINICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 01100 Summary 01200 Price and Payment Requirements 01300 Administrative Requirements 01330 Submittal Procedures 01500 Temporary Facilities and Controls 01600 Product Requirements 01700 Execution Requirements DIVISION 2 - SITE WORK 02225 Minor Demolition for Remodeling DIVISION 14 - CONVEYING SYSTEMS 14410 Traction Elevator Alteration TABLE OF CONTENTS 20F4 Project # 5248 Police Department Elevators DIVISION 15- MECHANICAL 15010 Mechanical General Conditions 15020 Starting of HVAC Systems 15030 Mechanical Demolition 15060 Hangers and Supports 15080 Mechanical Insulation 15120 Piping Specialties-Hydronic Systems 15180 Heating and Cooling Piping 15760 Air Handling Units 15975 Automatic Temperature Control Systems 15990 Testing, Adjusting, and Balancing DIVISION 16 - ELECTRICAL 16010 Special Provisions for Electrical Work 16110 Raceways 16111 Conduit & Fittings 16120 Wire and Cable-600 Volts and Under 16131 Junction and Pull Boxes 16134 Outlet Boxes 16140 Wiring Devices 16150 Motors, Controllers and Electric Powered Equipment 16170 Disconnect Switches 16190 Supporting Devices 16450 Grounding 16471 Panelboards 16476 Fuses 16501 Lighting Fixtures 16603 Empty Raceway Systems LIST OF DRAWINGS Sheet No. Description 1 TITLE/INDEX/LOCATION 2 1sT, 2~, 3an & 4Tx FLOOR PLANS 3 5TH & ROOF FLOOR PLANS 4 FIFTH FLOOR ENLARGED PLAN 5 ROOF PLAN 6 MECHANICAL PLANS 7 MECHANICAL SCHEDULES AND NOTES 8 MECHANICAL DETAILS 9 ELECTRICAL NOTES & SYMBOLS 10 ELECTRICAL PLANS 11 ELECTRICAL DETAILS TABLE OF CONTENTS 30F4 Project # 5248 Police Department Elevators NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TABLE OF CONTENTS 40F4 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: POLICE DEPARTMENT ELEVATORS, PROJECT NO. 5248; consisting of modernization of two existing elevators including, but not limited to, removal of existing machinery and controllers, provision of new machinery. and controllers, new cab finishes, hall lanterns, hall buttons, car operating panels, electrical modifications and air conditioning. in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 .m. on Wednesda 3e tember 23, 2009, and then publicly opened an rea . Any i receive a ter c osing time will be returned unopened. A Mandato pre-bid meeting is scheduled for 10:00 a.m., Wednesday Se to er 6, 2009 and will be conducted by t e ity. T~location o t e meeting wi be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A site visit will follow. 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% 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 Fift and no/100 Dollars ($50.00} as a guarantee of their return in goo con ition within two was 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: TYPS OF INSURANCE MINIMUM INSIIRANCS COVBRAGS 30-Day Notice of Caacellatioa required oa Bodily Injury aad Property Damage all certificates PSR OCCURRSNCS / AGGRSGATS 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 UIRED X NOT RE environmental impact for the disposal of Q contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements X REQUIRED ^ NOT REQUIRED INSTALLATION FLOATER See Section B-6-il and Supplemental Insurance Requirements ^ REQUIRED X NOT REQUIRED Yage 1 OL L ^The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ^The name of the project must be listed under "description of operations" on each certificate of insurance. ^For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WOP;KER' S COMPENSATION INSURANCE REQUIREMENTS 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 (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or 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: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (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 Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (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 in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (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 (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A}-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (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 (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 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(x) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of i 1 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 self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 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, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and 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 not 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 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; (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) notify 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 contractor providing or causing to be provided a cent f cite 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 I l of 11 PART A SPECIAL PROVISIONS POLICE DEPARTMENT ELEVATORS SECTION 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, September 23, 2009. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL POLICE DEPARTMENT ELEVATORS Project No. 5248 Aay proposals not physically is possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late 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 nay City address of office other than the Cs.ty Secretary's Office will be deemed aoa-responsive if not is possession of the City Secretary's Office prior to the date and time of bid opening. A Mandatory pre-bid meeting will be held on Wednesday, September 16, 2009, beginning at 10:00 a.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project POLICE DEPARTMENT ELEVATORS consisting of modernization of two existing elevators including, but not limited to, removal of existing machinery and controllers, provision of new machinery and controllers, new cab finishes, hall lanterns, hall buttons, car operating panels, electrical modifications and air conditioning. A-4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: 1. Total Sase Bid, -or- 2. Total Base Bid PLUS Additive Alternate Bid Item #1. SeCtioA A - SP (Revised 12/15/04) Page 1 of 22 $xplanation of Bid Items: Base Bid: Construction of all items in conjunction with the modernization of Elevators rand 2 except as delineated in Additive Bid Item #1. Additive Bid Item #1: Remove existing elevator hoist machines of Elevators 1 and 2 and provide new hoist machines. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Contractor shall guarantee bid for 60 days. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5~ Bid Boad (Must reference Police Department Elevators, Project No. 5248 as identified is the Proposal) (A Cashier's Check, certified check, money order or bask draft from nay State or National Sack will. also be acceptable.) 2. Disclosure of Interests Statement A-fi Time of Completion/Liquidated Damages The working time for completion of the entire Project will be 180 calendar days including Base Bid and Additive Bid. 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. 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, Section A - SP (Revised 12/15/04) Page 2 of 22 liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of 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 BIIILDING. I~ ease of ee~fl}e~-Ce~ttra:eter Minimum Prevailing Wage Scales The Coypus Christi City Crnmcil has deternuned the general prevailing minimum hourly wage rates for Nueces Co~mty, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, wurlanen, and mecharics employed by them in the execution of the Cantract. The Contractor or subcaritractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record shaving the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engir~eer. The Contractor will also obtain copies of such certified payrolls fran all subcontractors and others working on the Project. These documents will also be submitted to the City .Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll sukxni.ttals.) Oise and arse-half (1'~Z) times the specified hourly wage must be paid for all hours vx~rked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) Section A - SP (Revised 12/15/04) Page 3 of 22 A-11 doopexaticsi with Public Ag~cies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One-Call System 1-800-245-4545, the IAne Star Notification Canpany at 1- 800-669-8344, and the Verizon Dig Alert at 1-800-483-6279. For the Contractor's convenience, the following telephone n~.mibers are listed. City Engineer Project Engineer Dykema Architects, Inc. Traffic II~gineering Police Department Water Departrnent wastewater Departrnent Gas Depastmel7t Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP SBC City Street Div. for Traffic Signal/Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) QwiceCan (Fiber Optic) CAPROClC (Fiber Optic) Brooks Fiber Optic (MAN} A-12 Maintenance of Services 826-3500 882-8171 882-8171 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) 857-1946. 857-1960 857-5000 (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 (NOT IISED) ^* T} ~ ~'~~~'~'aete~' s sele -mod of et~eh in€ea-tie ,~ ~ ~ .~f; ~; ~n~ t ~ ~~ e-eue~-~ y eea ee~lete-~ee}ae~e}b}~~ty--te . , Section A - SP (Revised 12/15/04) Page 4 0£ 22 A-13 Area Access and Traffic Control (NOT USED) and ~e-pre~ride a mini~tttm a€-~~-~r~~e ~te~e~}sts and--the g~l~e =he Ee~raeter ~uaill be ~eqa}~'ed tee '-' r .,`"' °~ ,° `" ~~ sx6ti ~~FFk~~ed fie, da9~Esi3~ d~'~'+Te6aay9 t^ ~ C : ,~}~.." ~ ..a..^.,..i-i ~ ..F ii3c ^cvsscxae$6i~' 9~3a~~ e6mg~~da~$~3 $~te E'~$ A-14 Coastructioa 8quipment Spillage aad 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 Excavation aad Removals (NOT USED) •~ 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 12/15/04) Page 5 of 22 A-17 Field Office (NOT USED) A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on r+nr•BNDAR 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. Schedule shall be developed so that only one elevator is out of commission at any time. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction Project Layout and Control (NOT USED) r r .~ r T-he-draw}nge may-degiet httt ~'te~E ~ , '' , '-~.a- , , r r 1€, during eenstr~te-t}en, i~ ie }~ ,~ ~. w a ~ ~ , ..--.. ..-1 _- - ___._ I Section A - SP (Revised 12/15/04) Page 6 of 22 ' _~ ~o«<gle-tie~t e€ the~~vi~tg-~re ~ } ' ' eess Alse, the 8i~ ~3- m €~xr-n3 ~ E ~ a~i~m e€ tvae--~ 3e egtt ~ e $~3a~ $ azxgxxxcc~ ma~~ gc~ovxaxel ~e~' t~te~tt~ASe e~ a9s~ a ~ ~ae e~ e~ B'~~~tg ~~3e-~reast#i~'~~3~ e~ ~~3 ~ e "'r., '"`"'~ "",~ • All oath re~t~r~ts a~-~ei~t F ~.. .. /~ ~.. ~~ mF~ e • r~~'b and gutter fleva lute bethJ^sae__ ^~ ~ ,.~ ~~,,,^ ~ , -~~-~~-ere,.=xfl-ems a gee' l~~e~ral a~td a~ all -'*~ ^'" + 311 ~}m~ l~tve~t ~, „ ..}: ~ ..~ .,w~l °s; • All i~t-ergee~i ~ _._ ...~_~_.._...., • ~''a~s}t}g e l e'da~ ~ 639-rcvy~6 ~=p~ge ^ a ~, ^ 1 \ ~ mvr~nm a fl n r ~ +- .. \ • A3.1 tip-a€~al~r-ec b~:; ... ,...7 F l .~ , \ / mvnnm .a on ... , F .. \ Cas~g--ele~*atie~s~tep--a€~ige r" • x~ll ~it~finvert elevations at ~~-'-..,..,-~~s; ~~ ~ T , l ~ ........-, .. } ~ ,.... , .-. L., .. l ~ n , } /+-~~ ~ i i ,.,~ ~,.. ,_' \ /mvnnm .7 nn ~.. ,.\ r A-20 Testiag and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Project Sigas (NOT USED) Section A - SP (Revised 12/15/04) Page 7 of 22 A-22 Minority/Minority Business $nterprise Participation Policy (Revised to/9s) 1. Polic 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 persons}. 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, enterprise, as the 51.0% or more of proprietor or stockholders, of the case may be, must be entitled to receive 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. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 ~ 15 ~ b. These goals are applicable to all the construction work {regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the __ Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. 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 Sonds 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 Ehe State of Texas. If performance and payment. bonds are in an amount in excess of ten percent {10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer{s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section; the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Bxemptioa (NOT USED) F l l ,L, ~.~~ 1-„!-.~.7 1 aL.a i.. v..F.. i i , ~ i . • ~ , Section A - SP (Revised 12/15/04) Page 10 of 22 the ~ t a }f i h } "8tatemen~ of ""~'-°~: ~, ~ ^~' e spae e ea a z = unt a n t e a~regr ~ l t " } h h poet ..F ..~,.v...,., ~..,..,,,.,,,ss erm- - e~repesa other C arges ~ t i~eer~ereted i~tte t?~~ „_,., ,. _~ . ~J - Preside resale vim. F: ,,..~,.~ +... ~, : ~rs- r r • prepesa ~-ii~6t~u::. .. F .. ~ ...... ~ .. l .. T -a d H f ll l i lieabl^ ~.. ~'~s ~ „Y., ;~^` e•~ees g se se, an Sa es, E~ee ~tAst-E,a~ er a ; g 3 ss~t~g--a-reeale eery } f iea~te '-,. '~ ~ ~ .., 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 Chan e to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. 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-li (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Section A - SP (Revised 12/15/04) Page 11 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 and 8xecution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the. lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon .which the City Engineer makes this determination may include the following: Section A - SP (Revised 12/15/04? Page 12 of 22 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City ~giaeer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: Submit the following with the Bid Proposal: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. Section A - SP (Revised 12/15/04) Page 13 of 22 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit is 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 on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "~ecutioa of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. Section A - SP (Revised 12/15/04) Page 14 of 22 A-33 Conclitioas 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 Mandatory Pre-Bid Meeting referred to is Special Provision A-Z. 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 USED) 2S . =~'ie~' to-~e~€erst}ag daer)~ at a-a~Cit~ water €~ili~ j. +.~.e have ea their ,., : a va ev},_~ mow,. ..~~,..,a., ~~J' NN C}ty-PTater Uepartme~t Persea~te~~ Vieiter; ~`entraeter °-~~'~ j- Er}enta~ien PreQ~'a~t eaill~.,~-a€€ered b-~attther}ged Ei~t~--.'.~~ and dabs desire For Rdditienal }~€er~tat}eat refer },, a,....,,,,,-,.s.,} L n== .«at~rials and ega}patent geed in the reps-}r, "-''~,.., tt net t~e ~~te ee~ a0=S =S GGGLSd e e S G OtZZG~ StC[[[O va}th~sta~l ~ wa~e r~t , n * } 7 ~. ~ T E~T~~~,~ tP der}e'an ZYa-t~A~a~ OGa~~ C2~~8 T.~. ..~~~.. 1-.-. ITT -.ti~v. _.l Section A - SP (Revised 12/15/04) Page 15 of 22 .~GGe~A~€o~-a, «<a~~ ~e ~e~~a}~e }~~ ~ ~ ~ ~ ' ~ } i ~ a~ a=~ ~}yes a~ ~~e -~ ~ewE~ '£~e Ee~t~~ae~e~' ~~e a3 t va as eda ~~ ~ ~e $ €ae ~ ~~-~s a€ ~ ~ ~~ ~ . ~ a~~ ~~~s ~~~ ~'emeve ~" '-~'~~'~ e areas e ea~ ~ee~-we~ s~a ~~ ~ d€~ ~ ,. : ,~.. a-,.,. .., ,. .... _ : a., ~ ~~ta~ e~a~ge, i " tte, e~ da e ~e~ ~~ ii ~ 6~3~i~'ae~6i~' ~6~3es €ei~ ~" e r " "' a v=:cxaccvs-~x o -pxo~ e c p r ' ~ ~'~ ~ 7 ee ~ A4 ~~~ ~ 5' nn n ee ne.,,.,A.,, +. L,,. ~ -„ L+~-~.a-. s w 33~ =IeL~~ Zi ii6i E ' ~' ' ' e- 6 s e~~~~' '' 1~'$~cl°AOn ~€ E'~~ n••••,},,.....}.,... -Ftk sia 6~3~~ $e~9i ~ ~ ~ 336-iise t?I3~- r ~ y ~ ~a~e a~~ee~ a~ des} ~ ~ s~~Q q =522 CG==CSRGGCx E } ~ ~ ~ OG==SGxCa FFI'~,SG ' A ' S~7 ~ }~ g e-~ ~~te~z-spa€€ ~~~ ~e~~'ae~ e~ ,-~'~e Q~ate y- e~ ~ ~ = e~a~ a e~ y- ~ }~~ ~ ~ ~ ~'~~~ ---~ta~e i3e e e te--~ ~ G .«a~~ ~a~ da e e ~- a ~ ~~a ~ e ~ ' ~ } - we~'3 -~e€i~e~es ~~'~~ e~~ -~~ ~t~s~ pe~ see ~ eemgae e ~ $ ~ g ~- heave $~3e a,, ,.. .. ..}~.~ ^ g ~~_,.}r,aRt~~~ Po==cxccc~6~ efltg Q ~ ' 33e 6yees FFlt3s yy ~ ~S ~7 a }.y F J . ~a~ €e~' ~~ -S e e~ . ~ -M ~~ ~'L CR i=Ox PvCi2I Gx R x ~ ~ =S GQ~=2 a~~- ~ * ~ ~ ~ ~ ~ E ~ G2I C ~SCL ~ ,., .~„ri ~ ~'~~e~~ R v „ ,. . ~ee~e e~--as- .,~. ' ti e~ ~ a ~ = S ~}€€ ~} r e~a E3~~--rpo•P~°R~£A~3~ 69P~~-~is ~ f J ~~ ~ ~'~-£~ ae~e~-~t~a ~~ Ee~~~ ea eta , T /,/'1TTT0 TTTf1TT\ ~ r 1 r ~ ~} a n ~}€}eat}ems ~~ ~ ~~~~ T~~ew -~ Qa aG~G=«<===G e ~-«<ee e c~a ~ ~ ~ ~€ €~s-t- € ' } ~}~ a~~~~ ~`~., ~~a~ges, s ee e~ts, e e~ ~ s tg, g, ~ ~ ~ ~ ~ se~$~aa~'e s ee ~ ~ tr3 ~€rce~-ems ~'e ~'e~~ OpGS aCSe~ a daa~e a~ g e~ ae , g Section A - SP (Revised 12/15/04) Page 16 of 22 three : €he l ~- i t} e~€ vae~ t 3e ~ ~~' ~ ~ °a ~:c as been ber~eln €er l ~engage - n ve ne at leash-5~ea~s. €es ien t d E R } yg ineer al En r a~ ~l z =:c cmg e~s Pci~'€B~~ t~ l re s ere s a eg ...L, veLL„ +-L,~ vN Fre~ee ~h} l g , •• if i..t ivaa ~~ t ..,w.. w...... ~ ....,,e,,..~,_ „,. 5. Ee-e~ap e~ eemp~eted a d i l en- s ~e~senixe -~ta~tt~€ae€~trer' s €~a}Wing }€i €b t eet~rse }n ~^„F ~ T,Y J ~ ^~ ..! mg em ai se€€~war~-~r- } = e--spee ng-- en~ epese~ €e~~ t~P ^c ='.-~_~ . €nll t ~sta€€ed an , tri c~--e ed o ~~~ «<a ==ta *} € ~ , ns a-~e~~tanen iles 4A8 ft~ 3 }lil e€ €be w-c~c p g nt~}b p ~tr, ~e~ ee ae } t i n m y--:r s any l}b ats } r~a~t-€ - rs h~ ^ ~~ ~~^^ ma n a -n, = ~ J s x r , repa ~, sa ~~eh i ~ t ~ g ~s tbe ~ed r t~et a€- -~~ i YYC o a x te==a€~a~t~t~ r pmen 6a csxxxxs c~ r to t-h~ ~-a~imnm-Fraeb}sa ~ e€ a ll l i ~ l entent. ~yb re ~ iven t e~e tai}s }ll m- }s ~~ e ne~~r~e~ ~redttet ...~ pmen a , a eq~ „r.;,.~.....,.,,.. y g =a==€ ..__= ~es~r~ae~ h C t be--aseQ =_= evalaa€in e~~r-egr-airs the ne~a daer~e ee all d h ll t g Eahieh-Een €s~~'~'_= '-'==;; €}lie t~aebe~- ==t - -ate -T e en ra blee~es req } d a er s a --p~e e ~}red to-sbe`a t€ie-~reg stem tb t t ~ ramming as s to the-e~ needed- }s~i ^ aid -` regn re , SG s ~~st } we sy es~-- e- - c~« d4ttaebed is an eaE .._}.. th ~l 3 ~i € am~le e€ th ,..... v ~,, w - ~ _ e v„~._ „ f; 7 led _j v^'' 3 n ng pragr and g}ve~t~ t =~~=e9~am _~ :xct xxzt _ cs- e t e se -i e-tie-r'}t~E~tg}aee~~itb m}ng-pbas~~be attaebed cxsdcd to shed~a all e€ th _ s--- - -all-abang~s s€iee~t }s--an e i'eE~}red TM^~'~ ''„Y ~~am~le- sheets ~~ aid ~e 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. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. Section A - SP (Revised 12/15/04) Page 17 of 22 d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project . g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide ,adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers.' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) Section A - SP (Revised 12/15/04) Page 18 of 22 A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities 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. A-41 Ozone Advisory (NOT IISED) -a~~ th ~ da ill b t d h d e Cent~aeter ~a}ll-be as a ~aer e m e eeun e a~w $et t e ee~e~sa~eQ~-the t~ni~-pries indieated-ice the r==r==='-- A-42 OSHA Rules & Recrulatioas It is the responsibility of the Contractors} to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. Sflotion A - SP (Revised 12/15/04) Page 19 of 22 A-44 Chaaae Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of .the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (x/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1)~ Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Diss~osal of Hiahly Chlorinated water (7/5/00) (NOT USED) 1=: t =~ jaater-mart}er~larl~-hiQ€t levels e€ ehlerine, w}11 be geed=~~ t =e 81t~€er apprexo=al There shall be ne separ~te~~-€er di9pe9al a€~y --- ----r ~___- _- _________-___. _ A-47 Pre-Construction Exploratory Excavations (7/5/00) (NOT USED) uzza c~cpvoc all e~e~s~~3~~-F~~gel~~3es 6~ ~~3E ~~'e~-eel t~is` -e~'~39~P~~~3~~3 ~A ~ee~-v.Fr grepeead--~lpell~es e€ ~he~~e~eet and Ee~r~e-ter shall s~r~ve~the~~ ~4peliae- . . 3~v-€ee~-~~lmt~m ~:-E. Section A - SP (Revised 12/15/04) Page 20 of 22 }mod}ea~t~i~ the A`aner a€-gipe~ne9 e~cauated--and surveyed, as well-a-s--~~ appre~imate--~tatio~ theree~-dis-ta~re~-te t€ie pavement ee~tter}}ate- e}e~rat}ems-e€ the =-r _r -_._ct= _; r-r='-'_ =cc. rear-aete~~~all~e~€e~t $e ee~rtte~ias~-were e$--the-ga~~ee~--~~~~--alb e~gle~'ate~-e~eavatie~s ~3iFe-~eEB ~3~E __ them _ ont i red j ~ the rea~~lta ii~~ _----r re~e~ted to the ~~i~ee~-end--~a~}1 Ae$tr~ete~ ~eeeives $$g}~eer1s app~s~*e:l-~€ _.. -=_=--- ~3~gler-ate~ea~eavatie~s slia3} be-peid €e~ en-a--1-s~x~ bae•39. ~ the e9~ab}islted anti}--pries s€-gave~te~tt-~'rtehing-Centraeter shal-? rr1?~~~? a}} }~3s-ed~ st~r*ae~wer-3~-e€'€er-t--Fie-gepar~te-pay-)-€e~ _ ..'__~'-=.,... ----_.~t'_=--.,. --r- -.r A-48 Overhead $lectrical Wires (~/5/00> Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "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 Prosecution sad 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 SUBMITTAL TRANSMITTAL FORM PROJECT: POLICE DEPARTMENT ELEVATORS; PROJECT No. 5248 OWNER: CITY OF CORPUS CHRISTI ENGINEER: CONTRACTOR: SUBMITTAL RATS: SUBMITTAL NIIMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL SectioA A - SP (Revised 12/15/04) Page 22 of 22 A G R E E M E N T THE STATE OF TEXAS ~ COUNTY OF NUECES ~ THIS AGREEMENT is entered into this 27TH day of OCTOBER, 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 1CJM COMMERCIAL, INC. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $467,000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: POLICE DEPARTMENT ELEVATORS PROJECT NO. 5248 (TOTAL BASE BID + ADD.NO.l: $467,000.00) 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 : City of Corpus Date : 10/7/09 Proposal of KJM Commercial, Inc. , a Corporation organized and existing under the laws of the State of Texas OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: POLICE DEPARTMENT ELEVATORS Project No. 5248 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: BASE BID : $ ~~~(~ ADDITIVE BID ITEM NO. 1 $ ' 35 ~ ~~0 ~ - BASE BID PLUS ADDITIVE HID ITEM NO. 1: ~t/~10~ ~ AnaENnvM No. 2 REtIISED PROPOSAL FORM ATTACF~lENTS NO. 1 PAGE 2 OF 5 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 270 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. ATTEST: City Secretary APPROVED S~TO GAL FORM: ~~ ~ By: Asst. Cit Attorney for „~a' P, d /~ f p. f ' ,.+rrr ~r [c ~%~.. jot+Sl*~ ~'.t~ifltrai lr l~~} CITY OF ORPUS C IS I Juan Perales Jr., P.E. Assistant City Manager Engineering/Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR RJM Commercial, Inc. ay = ~C~~ Title: ,~(~L~l, a7J»L°..1~.1 1814 HOLLY ROAD (Address) CORPUS CBRISTI, TX 78417 (City) (State)(ZIP) 361/991-5600 * 361/991-5616 (Phone) (Fax) ~„~„ -~~3 AUTHORI2E© ~t ~ou~aril.....~.©.~2'7..~~..~-.~-- Agreement ."'...~"......,.. '"~.,=.. Page 2 of 2 SECIi€TARY ,,` P R O P O S A L F O R M F 0 R POLICE DEPARTMENT ELEVATORS PROJECT NO. 5248 DEPARTN~NT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS ADDENDL7M NO. 2 REVISED PROP03AL FORM ATTAC~s'MENfS NO. 1 PAGE 1 OF S Page 1 of 5 P R O P O S A L Place : City of Corpus Date : 10/7/09 PrOpOSal Of KJM Commercial, Inc. , a Corporation organized and existing under the laws of the State of Texas OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: POLICE DEPARTMENT ELEVATORS Project No. 5248 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: Old BASE BID: $ , ADDITIVE BID ITEM NO. 1 $ ~ 35 ~ ~00 i BASE BID PLUS ADDITIVE BID ITEM NO. 1: ~(/~14~ ADDarmuM No. 2 REVISED PROPOSAL FORM ATTACFIMENTS NO. 1 PAGE 2 OF 5 Page 2 02 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 b.id 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 MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the Base Bid within 230 calendar days and the Base Bid plus Additive Bid Item #1 within 270 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged {addenda number) : ~ ~~, SEAL - IF BIDDER IS a Corporation) NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Respectfully submitted: Name : J Commerc " al BY = - lA.~ ( S I ATIIRE ) Address: 1814 Holly Rd.. (P.O. Box) (Street) Corpus Christi, TX 78417 (City) (State) (Zip) Telephone : 361-991-5600 (Revised August 2000) ADDENDUM NO. 2 REVISED PROPOSAL PORM ATTACxi+lENTS NO. 1 PAGE 3 OF 5 Page 3 os 5 ~~ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112. as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME RJM Commercial, Inc. STREET: 1814 Holly Rd. , CITY: Corvus Christi, TX ZIP: 78417 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) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". N%A a Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that !have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Kenny Mantor Title: President (Type or Print) Signature of Certifying Person: ~~`f ~ ,~'~r~ti.,~"~.: Date: 10/ 7 /09 ADDENDIIM NO. 2 REVISED PROPOS?3, FORM ATTACHIdENTS NO. 1 PAGE 4 OF 5 Page z OL 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 deaf with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. ADDENDUM NO. 2 REtIISED PROPOSAL FORM ATTACHMENTS NO. 1 PAGE 5 OF 5 Page 5 of 5 P E R F O R M A N C E B O N D Bond# 0313452 STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL SY THESE PRESENTS: THAT KJM Commercial, Inc. of NUECES County, Texas, hereinafter called "Principal", and International Fidelity Insurance Company ~ ~ corporation organized under the laws of the State of New Jersey , and duly authorized to Rio 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", i:n the penal sum of FOUR HUNDRED SIXTY-SEVEN THOUSAND~AND NO/100($467,000.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, far the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, faintly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the -' principal entered into a certain contract with the City of Corpus Christi, dated the 27TH of OCTOBER , 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: POLICE DEPARTMENT ELEVATORS PROJECT NO. 5248 (TOTAL BASE BID + ADD.N0.1.: $467,000.003 NOW, THEREFORE, if the principal shall faithfully perform said .-. work in accordance with the plans, specifications and contract documents, including any changes, extensions, or .guaranties, and if the principal shall repair and/or replace all defects due to faulty ~~~ materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall iie in Nueces County, Texas. And that said surety far value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 Surety Rider To be attached to form a part of Type of Bond: Performance 8t Pavment Bond Number 0313452 Description: Police Dept Elevators Executed by K]M Commercial Inc as Principal and by International Fidelity Insurance Company as Surety, in favor of City of Corpus Christi Engineering Dept. in consideration of the premium charged for the attached bond, it is hereby agreed to change: Description as follows: Change Resident Agent Name and Number From: Richard W. Daiker and 361-688-7866 To: Bill Lathrop and 361-215-9020 The attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. Signed, Sealed and Dated this 7th day of December. 2009 Surety: Signed and Sealed By Name and Title: SB-0065 3/2003 w (~ea~T~ Ter ~g7s> 6za-7200 POWER Off' ATTORNEY Il~TERNATIONAL FIDELITY INSURANCE COMPANY IIOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN $Y THESE PRESENTS: That INTERNATIONAL. FIDELITY INSURANCE COMPANY,'a corporation organized and existing laws of the State of New. Jersey, and having its principal office in the City of Newark, New Jersey, does herebyconstitute arid: appoint.. AARON ENDRIS, TONY FIERRO, JOHNNY MOSS, RICHARD W. DAIKER, JAY JORDAN Corpus Christi, TX. __. its true and lawfut attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, an and all bonds and undertakings, contracts of indemnity and otherwritings obligatory m die nature thereof,. which are or may be allowed, required or perniitted byy law, stature, rule, regelation, contract or otherwise, and the execution of such instmment(s) in pursuance of these presenLS, shall be as binding upon fhe said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regu]arly elected officers at its principal office. This Power of Attorney is executed, and ma}~ be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE. COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (I) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signat<res and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE CObg'ANY "s d this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 19th Day of ov>/ ~er, 20009 INTERNATION?~L-FI I~IT N URANCE COMPANY /;• STATE OF NEW JERSEY / County of Essex _ / '// ~~' // ~_!/ _ Raul C. Rogers, Vice President On this, 19th Day of November, 20009 before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said. Company.. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above. written. /v \ ~ A NOTARY PUBLIC OF NEW JERSE CERTIFICATION MY Commission Expires Novetnber2lst, 2010 i, the undersigned officer of INTERNATIONAL FIDELITY'INSiJRANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorneyand affidavit, and the copy of the Section of tha $y-Laws of sand Company as sec forth m said Power of Attorney, .with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY; and that the same arecorrect transcripts thereof, and ofthe whole of the said originals, and that the said Power ~; of Attorney has nocbeen revoked and is now in full force and effect ~~ ~ I ~~ IN TESTIMONY WHEREOF, I' have hereunto set my hand this ~ day o~ ^ ~~ Assis~ant Secretary ( ~. - xh~.s band zs g~.~ren to meet the requirements o~ ~1x~ticls 5160, Vernon' s Civ~.J. Statutes of Texas, and other applicable statutes of. the State o~ fiexas. The u><zdersigned agent is hereby designated by the Surety herein as the Agent Resident :i.n Nueces County to whom any requisite not~.ces may be delivered and ~ on whom service o~ ' process may be had in mat:texs aris3.nq out of such suretyship, as provided by I~xt. 7.3.9--~., Vernon's Texas Insurance Code. xH WIT~BS WH~)<tEOF, this instrument is executed in 4 copies, 'each one a~ which shall be deemed an orig~.nal, this the and day of November , 20 oe KJM Commercial, Inc. Sy: (Pr1.nt: Name Tit e) Pi'1't'EST ~ l~ (Pain Name & Tif1.e su~xy International Fidelity Insurance Company By Attoxnay_in~-Fact Richard W. Daiker . (Print: Name) T,Ifas~=Re~rideis~ S =<Aye>G C~6Z'~9~~'•5••O.~'~~11fa t}SCl~ ,Agency: Con~aat Persons 1~ddr8ss: K & S Insurance Agency Richard IN. Daiker 6434 Leopard Corpus ¢hristi, TX.78409 ~~One ~~~~~~ 361-853-8064 (N0~'Ls Date o:P ,Performance Bond must nab be prior to .data of contract) tRevtsed 3/08) Performance Bond Page 2 0~ 2 P A Y M E N T B O N D STATE OF TEXAS § Bond# 0313452 IQJOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT RJM Commeraia~., Tncs. of NUECES County, Texas, hereinafter called "Principal", grid International Fidelity Insurance Company , a corporation organized under the laws of the State of New Jersey , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all. persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of FOUR HUNDRED SIXTY~SEVEN THOUSAND AND NO/100 ($467,000.00} DOLLARS, .awful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum'well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firm~.y by these presents: THE CONDITION OF THIS OBLIGATION TS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 27TH day OCTOBER 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: POLICE DEPARTMENT ELEVATORS PROJECT NO. 524$ (TOTAL BASE SID + ADD.NO.1: X467,000.00} -; NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas, And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this band, and it does hereby waive notice of any such change, extension of time, alteration or addition' to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 •• This bond is given to meet the requirements o~ Artic~.e 51.60, Vernon's Civil Slratutes of 'texas,' and other app~.icab~.e statutes of the State of Texas . The terms "C1.aimant", "Labor" and "Matera.al", • as used herein are in accordance with and as defined in said Axta.c3.e. The undersigned agent as hexeby designated by the Suxety hexein as the Agent Resident i.n Nueces County to wham any raqu~.sa.te notj.ces.• may be de].i.vexed and on whom service of pxocess may be had in matters arising out of such suretyship, as provided by Art, 7.19-1, Vernon's Texas Insurance Cade. IN WT'J.'NEB~ ~tERR4F, this ~.nstxument is executed in ~ c°p 3 ds! each one of which sha1.~. be deemed an oxa.ginal., this the day of November 2Q 09 BRTNCxBAL KJM Commercial, ino ley (t7xl.nt Name & Titi1e~ ATTEST ,, ~~'Q-his ~~ Q.QA~Il.1~ ' ptd rrli h ~`-- (~rint Name & Tit:1.e} SURETY International Fidelity Insurance Company By: Att;ornay--in--~aot Richard W. Daiker (Px~nt Name? ~e::~D +;~ ~,~e..~t#~.;v gegl <"'of~°-',~~ie",:F;S'i~ety~~'`~~n~'-•~I+~teces• •_C'ouut :StTe.~~s~;:,:;~.-.fix; ds~~xvexy; o~t`uo•~~oe'~ and •'sez'v'iae'~O~ ~jpxCCHr'3~[r~ . ~ , Agenay,: K & 8 Insurance Agency COI~~~iC~ ~QQxSOri: Richard W. Daiker AddY9BS: 6434 Leopard Corpus Christi, TX 78409 BhOri® ,Number: 361-688-7866 (NOTN: Date o~ Payment Bond must not be px3.ox to date of Gontxact} ilteva.sed 3/00} >?aXment: Bond Page 2 of. 2 ® ATE (MM/DDIYYYY) ~ CERTIFICATE OF LIABILITY INSURANCE KJi°co ll~02~09 i:arlisle Insurance Agency, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Corpus Christi Office HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 500 N Water Suite 900 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Corpus Christi TX 78471-0019 Phone: 361-884-2775 Fax:361-884-3470 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Mt Hawley Insurance Company INSURER B: TeX3S Mutual Insurance Co KJM Commercial InC INSURER C: American Hallmark Ina Co of Tx Attn: Kenny Mantor 1814 Holly Rd INSURER D: Ace American Insurance Co Corpus Christi TX 78417 INSURER E: Commerce & Indust Ins Co COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURA CE POLICY NUMBER DATECMM/DDC Y DATE MAA/D N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ lOOOOOO A X COMMERCIAL GENERAL LIABILITY MGL0152804 12/20/08 12/20/09 PREMISES Eaoccurence) $ 50000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5000 PERSONAL 8 ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $2000000 POLICY X JECOT LoC Em Ben. 1000000 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 C X ANY AUTO 44CL45704404 12/20/08 12/20/09 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS ~ (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY .AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS/UMBRELLALIABtLITY EACH OCCURRENCE $ 5000000 E X OCCUR ~ CLAIMSMADE BE 027725792 12/20/08 12/20/09 AGGREGATE $ 5000000 $ DEDUCTIBLE $ X RETENTION $100 $ WORKER S COMPENSATION X AND EMP LOYERS' LIABILITY TORY LIMITS ER B OFFICER/MEMBER EXCLUDED?ECUTIVF~ TSF0001127149 12/20/08 12/20/09 E.L. EACH ACCIDENT $ 1000000 (Mandatory in NH) I-l If tl rib d E.L. DISEASE - EA EMPLOYE $ 1000000 yes, esc e un er SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE: #5248 Police Department Elevators Certificate Holder is named as Additional Insured on General Liability& Auto Liability when required by written contract and a Waiver of Subrogation provided on General Liability, Auto Liability, & Workers Compensation when required by written contract. Umbrella follows form. I.GKIII'11.A1G 1'7lJLL/GK CO NCtI 1 Y71C7N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFO THE EXPIRATION CITY001 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN C1 ty Of COrpuS Christi NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Engineering Services / IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Attn: Contract Administrator aFi/ P O BOX 9277 REPRESENTATIVES. Corpus Christi TX 78469-9277 AUTHORIZEDREPRESEN IV~ fP // ~. r+~.vrtv ca (cvvwv 1) V Tyiftf-LUUy AGUKU GCJKF'C1KA 1 ILJN. All rlgntS reSerVed. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~~ OP ID: AR /`i` VIA V ~ -- EVIDENCE OF PROPERTY INSURANCE DATE (MMIDDIYYYY) ..~ 11/20/2009 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE OF PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AGENCY PHONN .361-584-2775 COMPANY Carlisle Insurance Agency, nc Ace American Insurance Co Corpus Christi Office 500 N Water Suite 900 Corpus Christi, TX 78471-0019 No :361'554'3470 ADDRESS: CODE: SUB CODE: AGENCY IWMCO-1 INSURED KJM Commercial Inc LOAN NUMBER POLICY NUMBER 1814 Holly Rd ~ / 1 V IMCI20816429004 Corpus Christi, TX 784 7 FF CTIVE iE EXPI ATIOR E E Jt CONTINUED UNTIL 12/20/0 12!20/09 X TERMINATED IF CHECKED THIS PRIOR EVIDENCE LOCATION/DESCRIPTION 321 John Sartain Corpus Christi, TX 78401 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE /PERILS /FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk / Covered Property At Reported Location 3000000 2,50 Covered Property In Transit `~ 50000 2,50 Covered Property At Temporary Locations 50000 2,50 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE X ADDITIONAL INSURED LOSS PAYEE LOAN # , City of Corpus Christi Engineering Services P O Box 9277 AUTHO ED REPRESENTATNE Corpus Christi, TX 78469 ~~Q~~.Q ACORD 27 (2006/07) ©ACORD CORPORATION 1993-2006. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number. IdtGL0152804 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. pI.EASE READ IT CAREFUI..LY. V ADDITIONAL INSURED - 01NNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: •J COMMERC1~ll. GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person{s) or Organization(s) location and Description of Completed Aperations 1_._-. 4 i c r .a ..s:s..rs i s-.y ~. ~,~._c}.~zs _t ....: f .isa _.. _c;, ...-,,:.}., ra; s. J4 ~ ~.b ..r.+ _N._:f f:=~,.i~. ~ .. v i _e ~. _.z_~.. i=.z. ..r.~= s i i information required to complete this Schedule, If not shown above, will be shown in the Declarations. SECTION Il -WHO !S AN INSURED is amended to lndude as an additional .insured the person(s) or organization{s) shown in the Sched~!fs, but ^.^.lyr :^.%:th rasped fo liability for "bodily irijury° ar "property damage° caused, in whole or in part, by "your work' at the location designated arsd described in the schedule of this endorsemenf performed for that addiilana! insured and ir~cl~ded In the "products-GGilipleted operatiarts hazard " q. r-r ~ `?ti '?j`~ u~'z v~ri !4l ! V~~l EJrnnn H.~c it ~ %~hvi._i r+ana -i ni i irfsuEeu i ['0(iCy ~~iCe;ij~iF`,~': tvri.Ea~3 tl~$ ~~ iil~i. i't~uV11iG'y 1t1S~iic3:l~~ E.;~i31~33fty -'- -rua~ CR6°^iC56C': ilRr°ltr a" Y.°fl!.EF::CL° Tt.5G ®!'aY iP°V IDI Gii~L: 6Ti`.nfa ~~ ~'~FF~~'!~i'tltl !!!!L+la+!!!d ldleW lnltll!sts! ~1!tA~~i t..la !tfl~!!?!a!M!e! eat ^^.Yl?a#-~~r • . e~ia ~~~~ ~ ~~~~~~ a ~+ i hi8 ri'i(juPSF?7tGiei a°° iuuiiie3S ii °~iii'8E"iCci GrfiiiiuE~i uPil~~r i°it: ~uSivJvinc~: d~r'aR aw~ca3r^s Ri rw cr.ict~ni a -naee s~•ai r•a(aii~~nr~~ Qli ci=P .•i !.!!!C!i! aS!!!a~ Sd 4l7t-.! !- :!_ ~~1£lltl Ll ! ! !-!?- `! Spa .rly t-, ! fl.! ! ! ~~ ~l~Ee3~J ~..~. tllatr~E Q~ t~8e'at.'!r5 ®3`®:~arii7.$ii?'9ia: n to s..,,s:...,... .t...... s.,..: t.......iss,... s.....s T912 iJGr3U1°°~ bl UlUAf{iL(AlltJ°13 VdtaGIG rGUU11CY iJY ddd eltOe6 WdiIIQNt. flf no entrSr appears above, i;~foronation renuired 4o Cot1'ii?tet2 this o~:darsemeni wilt tae shown in Eta ®ec#arations as apptb- i-.:ahia in irlifi Pnrinrc°?mPni_ e T'na' Trancinr aat eiine,fc tP`ii i<to~»warv ,iiAa7nef c'Sfhar¢ 'a» 'ic "nntiifinn ifi"l:iifine iii .-. s~.iJi'p11VZc~i tai. ~Ei1t~u`~l<'±'e.,. t..i~,isti.~~` ~C~i+~l7t~t®t~~J is arr~ended b~ ilia addition o~ fie,allowing: We waive any right ai; recovery we may have against the person or organization shown in the ~chedute above because of pi~~eieoiata etic letia'n$ evr tiajeeig wr uueiaia'ycr eaa'ioiie~g ireit va yue.er veel~~gt^iie°~ v~icruiivela yr u`j'viii siw~~ MC^!4 ?..!'^.'t.°.~ ~ ~vnfaMyf ~ar~ih .. ~ ... fnai narenn nr nm~rn~annrl anri inri°uiPri in Tna •!nennt°nTC_nmm~ia4ari nntaY:ar°C~nfi Y;:~~Firsti t. ?~'iiti w~i~ivrrr faCf3iiY~ f)i°SSi ifl laic pb~i ~t~[`° ©6 l~rgc~t~iZc`itiC1EF SC low:-+ fr° ti?e ~cE °eduie abo~re ~~ yf~, 6'" G iI q' ~ as P .- - ~~ .~ ~-- err n r.a a n nn s'+....... .: -rte: 1..... ......,..... c'+,....:.......:liFi.... 3.... '1 n:S'J L7~r.~ 'A LT 9 c:l, r_4 [r"a ail J.~ vliud/tlii 9i; ii i3Ut Qi7ElC JGi Vt~t.b :.JiiFtra, !l lt~.. :J.::L - ,~ - E~J~rpi~ - POtlCY NUNBER `1 "iW ~'(S ~Ol{' 1 ~ ~ COMMtARGAI. AU70 ' CA 04'030604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CIIREFULI.Y.' . .- . - ,/TEXAS ADDITIONAL INSURED ~ `t This endorsement modlf~es Insurance ~vvided ex~derthe toitowing:• .. • . . n 11~ 8U51N6SS AUTO COVERAGE FORM GARAGE COVERAGE FORM ~ - ' • ~ -MOTOR CARRIER COVERAGE FORM ~ ~ .. - V' TRUCKERS COVERAGE FORM UVith r~esped b coverage provided by this endorsement, the pravisiotts of the Coverage Fo~ni apply unless modl- ~~ fled bythe endorsement. ~ . • This endorsement changes the Polley elfec~ive en the inception date ot<!he po><cy unless another date Js indicated • below: .. Endorsemed Etfecuve: ( ~ ~~ ed ey: / ' y !Named Insured ~~// ~~ l ~ Iw t~ ~1 C CI '~~' • Authormed i#e e,~1ve - SCItEOULE Name and Address of Additional tnau;red: CITY OF CORPU8 CHRISTI PO BOX 9277 CORMi' CHR2ST2 , TX' 7x469 9277 (If no entry appears above, tnbrmat;on requ>red to complete this endorsement wlit be shovm In the Declarations as appilcaWe to this erxforoement.) A. Who IS M Insured (Slec3ion td) is amended to Mdude as an °inssued" the person(s) or organiza- tion(s) shown In the Schedule, but onh with re- . sped to their legal liability for ads or omiselons of this polf~ om LIabBNy Coverage is aRorded t3: The add~lonai Insured named bt the Schedule or Dedatatlons is not required to pay for sny premi- ums stated to the poNcy or earned from the policy. • b~e, dedared~by us shall be paid to you ~ M app~- CA 0403 06 Q4 ®ISO Properties, Inv., 2003 C. You are authorized bo act for the additional insured named In the Schedute or Dedara3ons M alt mat tars perbaiMr~ to this insurance. ' D.. Ws wlfl maq the addtttorrad'hsixed named M the Schedule or Dedaratbns notice of any oanceifa- tion of this po~~ It wee caracel, wee wiQ gWe 90 days notice to the additional insured. E The addilonal Insured named In the Schedule or Decfaradfons will retain any right of revovery as a claimant under this poitoy.' ' . Page 7 of 1 ~ Paficy Number: MGl.0152804 v Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1~mendmen# of Cancella#ion Provisions [n the event of cancellation. we agree to mai130 days prior written nodes (except for non-payment of premium 1s 10 aav~) =o: ~ / City of Corpus Chrtstl, PO Box 8277,. Corpus Ch/risti, TX 78469 V ~ ~r~ ~~ ALL OTHER TERMS AND CONDITIONS OF THIS POLICY R>=MAIN UNCHANGED. MAN-DBE-91S(12/08) Page t of 2 Insured American Hallmark Inanranc~ Company of Texas 777 Nain St Ste 1000 fort Yorth, 17( T6702 ENDORSBNiTNT SCRBDULT POLICY N0. 44»CL-457044-04/Od7 RPNE11At.OF ri4-CL-000~-319g3-4 ~/ NAMED INSIIRED AD1D MAILxN(~ ADDRE89 AaEDTCY AND MAILIN4 AUDR$88 74~d x~ CcxAL zNc ~SE.S EXTENDED NAME} ~ CARLISLE IN$ORANC$ AGENCY INC 1814 HOLLY RD 500 N NATER #900 CORPUS CC~RISTI TX 78417 CORPUS CHRISTI TX 78471 POLICY iERIODi from 12/20/2008 to 12/20/2009 AT t2:01 A.N. b"1'AMDARO TIME AT YOl1R MAILING ADDRESS 3HOWM A80VE. ENDpRSENiENT DATE: 12/3Z/2008 CA024~4 - T8XA8 CANCBLLATIODi PROVIBICN OR CbVF~Aq~: CHA~C~E ENDORfiEMEN7' SCH~4DULL Muaber a! Maya' Natica: ~0 days Marc of Peraoe or orpdnizstien: c17Y OF COR4US :dlRIBTi Address: PO 80x 4277 Litp/Stat~~Itpmde: WRPtiS CHRIS7i TX 78469 - 927T it this policy is ceneeiled or materially cfisn$id to reetute or reatrlct coverage, ~ wiCt matt notice of cancellation or change to the person or organlzatfon Hared in the Schedule. Ua a/ll give the number of day'a notice indicated in the Schedule. ~"" C~,., Cc2/.~ ORIGINAL Ot-24-09 07 Lt~RT Page 22 of 37 POUCY NUMBER: ~i"t~`''_`~ `O~`t ~+ ` ~~ •coatMERCIAt. AUTO • ~ t:A20 890804 •' "THIS ENDORSEMENT CNANC~ES THE PO~.ICY. PLEASE READ 1TCAREFULLY: .~1~. ._~,9 TEXAS CHANGES iN TR~-NSFER CAF R{GW'r`S 4F ~"v RECaVERY AGAINST oTWERS To us . . . - ~ ~iNAIVER OF SUBROGAT~4Nj .: • ' Th(s endotsemer~ modit~es irtsuranoe provided uralerttra toibwing: t3U31NE8S AUTO COVERAGE FORM ~ ~ ' t3t33iNEti$ AUTO PHYSiCAt UAMAOE COVERAGE FORM' ' ' OAF~AGE COVERAGE FORM ~ ~ ' ' ' MOTOR CARRIER COVERAGE FORM ~ • TRUCKERS COVERAGE FORM ' With respect to coverage provided by this endossement, the provislans of the Co~retage Form apply unless m~l- • fled by the endorsement. . Tills endorsement ohar~es the policy effecWe on the Inception date of the policy unless another date is indicated below. - . ~. Endorsement Ettecttve: f 2,, 20 ~..~ o ned t3y: •'•~ famed Insured: ~! ~ ~(~ /' t~+' 4` y 1.0r~ +~. Ci ~ ~~ Awed Re entative SC~Qt1tt» Nmne O! person(s) Or OrgantzatWn{s}: ststE ,~ tom? - • YQGS CrIAR6ES IN TR1MI$FER Of Rl'~ITt OF RE1~01rERY Asrurrsr a'tiraRS 7o us cgurr~t tlAtvER) - Addldonai Premium • (It no entry appears at>ovd, intotmattan required ~ oornpiete this endorsement wdi be shown in the OectaraUona as apptkabfe to this endorsement.) • The Transfer Ot R~hts O! Recovery Against Others To th Condition does not apply to.ttte person(s) nor organlza ttan{s) shown to the Schedule. VYe wilt retain the addiflonal premium shown above, re8aniless of arty early 1errn1- .nalbn of this endotsernent or the policy. CA 20 tT9 08 d4 ®ISO Properties, inc., 2003 Page 1 of 1 ^ 8 WORKERS' COMPENSATION AND EMPLOYERS e ~1~ 1 LIABILITY INSURANCE POLICY ~~ Insura~eCam1~Y WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3 A of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule .The number of days advance notice is shown in the Schedule This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1 Number of days advance notice 30 2 Notice will be mailed to: CITY OF CORPUS CHRISTI PO BOX 9277 CORPUS CHRISTI, TX 76469-9277 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on / December 20 , 2008 at 12:01 A..M standard time, forms a part of Policy No. TSF-000 i 127149 20081220 of the Texas Mutual Insurance Company Issued to KJM COMMERCIAL I NC Endorsement No. 2 Premium$ 0.00 ~ n1~~ ** Authorized Representative *' WC420601 (E0. 1~4) AGENT'S COPY AXMEDINA 2-13-2009 ** WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY usr~n«com~i>ay ~ WC 42 03 04 A TEXAS ~NAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas is shown in Item 3.A. ~f the information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We wilt not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury a,ising out of the operations described in the Schedule where you are required by a written rontract to obtain this waiver ~r~m us. • ' ~ his endorsement shall not operate directly or indirectly to benefit anyoi~e not named in the Schedule. 'r-ire premium for this endorsement is shown in the Schedule. ~ r Schedule TexasM~m . ( } Specific Waiver ~ - Name of person or organization :~(} i3lanket Waiver r ~ ~ , • • Any person or n:~anization for whom the NamedInsured has ayreha by written c.oniract to furnish this waiver. . . , ~.f :;. ...; • .•,~ratioi,~: Al.'. °`-'.XNS OPErRA7i:~NS ~::o!. ~ Ci;~• .. " s '' i~remium • ::.e premium charge for this endorsement shall be 2 . oo percent of the premium developedr; on • payroll in•• • ' ' • ~ ~::tnection •with worlc•performed far the above person(s) or organiz2tion(s) arising oat 4f the operationp.~ie5cribed. %, ; :~?vance F'remiurn ; NCLUDED . SEE INFORMATION PA3E . .. ,~=> andursement ..hanges tna policy to which it Is attached eiizetive nn the inception date of the policy unless a different date's:,a~t4aiPy,br.1:N • ITt;: frllur~rig "a~ach:Yr rta!~~°" need be cr. mpletod only vuhen this end~rsemeat is issued subsequent to preparatian n! she• soli: v.? Th~s'endorsement, effective an at 12:01 A.M. standard time, forms a part of , tc~ii:y ~?u. TSr-OOU 1 ?.'.71-~5 :?OOfi 1220 of ifie Texas Mutual !ncurance Lompany • , is=.aFd 1~s X.IM -:OMMERC t AL I NC , • ndorsernent No. f' ~mium :b ~'"" ~'`Z l~' ~ _ Authorized Representative ~ >F~.d7.~?9bA (ED. 1-a1-20Qa) , INSURED'S COPY NXGOMEZ 12-22-2008 General Endorsement General Poticy information Endorsement Information Page 1 of 1 Form CC-3819 (7197) Named Insured: ICTM Commercial Inc Policy Symbol: 1MC Policy Number: 120816429 004 Endorsement Number: 8 Effective date of Endorsement: 08/128009 Policy Period: 12/208008 to 1280/2009 Issued by: ACE American Insurance Company (Name of insurance Company) This Endorsement changes the policy -Please read it carefulty This endorsement modifies insurance provided under the following: Builders Risk Xtra COVERAGE FORM Additional Insured added: City of Corpus Christi Engineering Services Attn: Contract Administrator P O Box 9277 Corpus Christi, TX 78469277 if we cancel for nonpayment of premium, we will send you at ~esst 15 days notice. If we cancel for any other reason, we will send you at least 30 days notice. , No change in premiam. Afl other firms, conditions and eaclusiona remain unchanged. U S Risk Inc Dallas, TX 08/128009 YD ~~ p Authorized Agent