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Home My WebLink AboutC2010-114 - 2/23/2010 - ApprovedS P E C I A L R Barcom Commercial 2010 -114 M2010 -042 02/23/10 S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R INTERNATIONAL WESTSIDE PONY LEAGUE FIELD IMPROVEMENTS CDBG DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 PROJECT NO: 3369 DRAWING NO: Sketch (Concrete Paving Plan) (Revised 6/27/99) International Westside Pony League Field Improvements PROJECT NO. 3369 TABLE OF CONTENTS NOTICE TO CONTRACTORS - A Insurance Requirements (Revised May 2006) NOTICE TO CONTRACTORS - B Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -2 Definitions and Abbreviations A -3 Description of 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 -10 Wage Rates A -11 Cooperation with Public Agencies A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A-16 Disposal /Salvage of Materials A-18 Schedule Schedule and Sequence of Construction A -20 Testing and Certification A -21 Project Signs -CDBG Signage Required,See PART C for example A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required A -24 Surety Bonds -T5e NO LONGER APPLICABLE 6/11/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29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 Page 1 of 2 A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A -36 Other Submittals A -37 NOT USED A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A -39 Certificate of Occupancy and Final Acceptance A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory 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 A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) Submittal Transmittal Form NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - B PART A - SPECIAL PROVISIONS PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T - TECHNICAL SPECIFICATIONS NOTICE - AGREEMENT - PROPOSAL /DISCLOSURE STATEMENT - PERFORMANCE BOND - PAYMENT BOND - Page 2 of 2 NOTICE TO CONTRACTORS -A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 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 $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ■ REQUIRED RI NOT REQUIRED i BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ■ REQUIRED MI NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ■ REQUIRED all II. II is NOT REQUIRED Page 1 of 2 OThe City of Corpus Chl.sti must be named as an addit_..nal insured on all coverages except worker's compensation liability coverage. OThe name of the project must be listed under "description of operations" on each certificate of insurance. OFor each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) --A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction- -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor —A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 ofthe 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 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) --A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor --A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (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 a self - insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that 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 a self - insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5of11 (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 govemmental 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(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self -insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this *110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(dx7) '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 verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate '2- A copy 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 §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and 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 notes 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. L 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; (5) retain all required cert f cates of coverage on file for the duration of the project and for one year thereafter; (6) notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS INTERNATIONAL WESTSIDE PONY LEAGUE FIELD IMPROVEMENTS Project No. 3369 SECTION A SPECIAL PROVISIONS thc office of thc City Ccerctary, 1301 Leopard Ctroet, until addsesee ache follow- ma___c_ Q- b CaoreI -r _ Ofr: oo City o f /r_._.-.._ CLr_ _ located on thc firot floor of City Hall, Propooalo ma .led ohould be A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project The project will consist of Improvement to concrete slabs to accommodate for 180 seating bleachers, installation of 10 row bleachers provided by the Parks and Recreation department, improve accessible path to bleachers and bathrooms, provide a shade structure pre- engineered with storm certification for the bleachers and install new baseball field chain fence from back stop to back stop. Note: Existing bleachers to be removed by others. A -4 Method of Award The Contract is awarded as a Job Order Contract (J.O.C.) and prices established though the use of RSMeans cost pricing. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 2. Disclosure of Interests Statement 3. Submittal of Materials A -6 Time of Completion /Liquidated Damages The working time for completion of the entire project, for the Project will be 120 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, Section A - SP (Revised 12/15/04) Page 1 of 22 which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the - Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. meepemei4.1-e ham'==. A -10 Wage Rates (Revised 12/04/09) Labor preference and wage rates for BUILDING CONSTRUCTION. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or sWocortractor shall Section A - SP (Revised 12/15/04) Page 2 of 22 forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by then in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also Obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority/Minority Business Enterprise Participation Etlicy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1M) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One-Call System 1- 800 - 245 -4545, the Lone Star Notification Caany at 1- 800 - 669 -8344, and the Verizon Dig Alert at 1- 800 - 483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer: Dykema Architects, Inc. Traffic Engineering Police Department Water Depardomant Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP AT &T /S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevisicn AACSSI (Fiber Optic) EMC (Fiber Optic) CiwiceCan (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 826 -3500 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 857 -1970 299 -4833 (693 -9444 after hours) 881 -2511 (1- 800 - 824- 4424,after hours) 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -4355 857 -1960 (857 -5060 after hours) (Pager 800 - 724 -3624) (Pager 888 - 204 -1679) (Pager 850 -2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If Section A - SP (Revised 12/15/04) Page 3 of 22 the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. Section A - SP (Revised 12/15/04) Page 4 of 22 A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken other unwanted material becomes the removed from the site by the Con considered subsidiary; therefore, Contractor. asphalt, concrete, broken culverts and property of the Contractor and must be tractor. The cost of all hauling is no direct payment will be made to ficld office at tho construction oitc. The ficld office muot contain at leapt A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on cAI,srmAR 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 construction. 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. Section A - SP (Revised 12/15/04) Page 5 of 22 eent=r-e=1-€4-t-Ite-voem4ev i ep-t-e-pe ee- a ns Ctrccto. Section A - SP (Revised 12/15/04) Page 6 of 22 A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted -from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs The Contractor must install 1 Project sign furnished by the Contractor as indicated on sketch /drawing (See Part C). The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the sign will be determined in the field by the City Engineer or his designated representative. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: Section A - SP (Revised 12/15/04) Page 7 of 22 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 mote- minority person(s). (c) For an enterprise doing business as a corporation, at least 51.01s of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. 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: Section A - SP (Revised 12/15/04) Page 8 of 22 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. 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 job is completed and ready for acceptance. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%.) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual Section A - SP (Revised 12/15/04) Page 9 of 22 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." €olle ng- bstituted -ice -lieu Ccotion 3.291 of Chaptcr , Tan Adminiotration of Title 31, rublic Finance of 1. Obtain thc ncocooary oalco tan permito from the Ctatc Comptroller. 2. Identify in thc appropriate apace on thc "Ctatemeept of Materialo and Other Chargco" in thc propeaal form thc coot of matcrialo physically muot pay for all Calco, Exciac, and Uoc Taxco applicable to thio Project. .isettes-a--seee-le e to Ie --- A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: Section A - SP (Revised 12/15/04) Page 10 of 22 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: 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: A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, all bidders must provide with their proposal documentation concerning: Section A - SP (Revised 12/15/04) Page 11 of 22 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Section A - SP (Revised 12/15/04) Page 12 of 22 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. 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 award, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. Section A - SP (Revised 12/15/04) Page 13 of 22 A -31 Amended Policy can Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of arty kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the = , . _ _ 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. Prior to performing worse at any City watcr facility, the Section A - SP (Revised 12/15/04) Page 14 of 22 c.--_------. n 111 traoh genet l by the Centr etor or agents, or elcoignatcd by City Watcr Department otaff. . All Contractor vchielco muot be clearly ahcicd with company name. No privatc cmployco Section A - SP (Revised 12/15/04) Page 15 of 22 1CQUICITION) theca =r==- L=== - -_ - -_ 't ro p_--_ r--.+-----. 1. herein€e_ _- _=ac_ _ 1=== == IIo cmployo a fcgiotcrcd Frofcooional Enginccr, a Control Systems Engineer, or an Electrical Engineer -to supervise -or f- _d product -af or - --- -_--r Section A - SP (Revised 12/15/04) Page 16 of 22 A -36 Other Submittals 1. Chop Drawing Cubmittal. The Contractor ohall f<sllow the proecdurc c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g- Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. 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. Section A - SP (Revised 12/15/04) Page 17 of 22 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 -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 Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. Section A - SP (Revised 12/15/04) Page 18 of 22 A -43 Amended Indemnification & Sold 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. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due 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. ate. Section A - SP (Revised 12/15/04) Page 19 of 22 For cnioting pipclinco which parallel and arc within tcn feet (10') of 3444 eet maueimt .0. the cotabliohcd until price of pavement patching. Contractor ohall providc A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with 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. Section A - SP (Revised 12 /15/04) Page 20 of 22 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 and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract. Section A - SP (Revised 12/15/04) Page 21 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: International Westside Pony League Field Improvements OWNER: CITY OF CORPUS CHRISTI Project Manager: Gabrielle Escamilla CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section 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 23RD day of FEBRUARY, 2010, 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 Barcom Commercial, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $82,129.67 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: INTERNATIONAL WESTSIDE PONY LEAGUE FIELD IMPROVEMENTS JOB ORDER CONTRACT PROJECT NO. 3369 (TOTAL AMOUNT: $82,129.67) 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 The Contractor will commence work within ten (10) calendar days from date they receive same within written work order and will complete 120 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 Asst. City Attorney AWMOT: (If Corporation)... (Seal Below) (Wote► If Person signing for corporation is not President, attach copy of authorisation to sign) CITY OF RPUS C TI ililL By: C'``r"1, Juan Perales,lJr. P.E. Assistant City Manager Engineering /Development Services Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Barcom Commercial, Inc. By:1, ,. Title: hg 5826 BEAR LANE (Address) CORPUS CHRISTI, TX 78405 (City) (State)(ZIP) 361/851- 1000 * 361/851 -1717 (Phone) (Fax) Agreement Page 2 of 2 d T -Z AUTHORIZED 1T COUNCIL „.a 4p... SECRETARY MI- BARCOM COMMERCIAL, Inc. • GENERAL CONTRACTOR December 27, 2009 January 10, 2010 January 14, 2010 January 27, 2010 Proposal #15148 Revised To: City of Corpus Christi- Engineering Attn: Gabrielle Escamilla E.I.T. 1201 Leopard St. Corpus Christi, TX 78401 PROPOSAL Via Email Project: Westside International Baseball Field Bleachers Upgrades 1354 Airport Rd. Corpus Christi, TX 78405 We propose to furnish all labor, materials, equipment and insurances required to perform the following: > Remove and haul away for proper disposal, all fencing from the backstop from dugout to dugout. > Prepare and paint (1 primer 2 fmish coats) the vertical and horizontal pipes that make up the back stop from dugout to dugout. > Straighten one post at the end of the backstop. A Furnish and install new 9 gage with 1.2 oz. zinc coating fabric on the backstop from dugout to dugout. > After the placement of the new concrete, cut and re -weld two gates and install new fabric. > Excavate to a depth of 8" for all new sidewalks and to a depth of 12" for the two bleacher pads. The excavated materials will be spread around the job site to fill low areas and not hauled away. > Haul in and place cushion sand and compact to a depth of 4' at the sidewalks and to a depth of 8" at the bleach pads. > Set forms for the two 28' x 27' pads for the bleachers; place #4 rebar 12" o.c. running both directions; place #3000 regular cement and fmish to a boom fmish. Note: each pad will have four 24" diameter x 48" drill piers to support the shade structure. ➢ Set forms for three sidewalks, each 5 feet wide with broom fmish. One approximately 81' -6" long; one 82' -0" long and one 42' -0" long. Price also includes filling in the areas on each side of the existing building to the new bleacher pads. Note: The sidewalis will be re- enforce using 6 gage 4" x 4" w.w.m. The sidewalk running from the restrooms to the small field parking lot will have two 4" pipes under the walkway to aid in drainage. The sidewalks will have redwood expansion joints as needed. > Furnish and install two metal building roof covers over the bleachers as specified in the attached Preliminary Estimate work sheet line item 20 on page 4 of 6. ➢ Furnish labor and miscellaneous materials required to install two sets of bleachers supplied by others. Total (excluding Taxes) $82,129.67 Eighty -Two Thousand, One Hundred Twenty -Nine and 67/100 Dollars 5826 BEAR LANE CORPUS CHRISTI, TEXAS 78405 TELEPHONE: (361) 851 -1000 • FAX: (361) 851 -1717 www.barcom.cc Notes: Proposal 15148 (con't) 1. The demolition and removal of the existing shade structural and bleachers by others. 2. Schedule: a. Mobilization: Ten (10) days of Notice to Proceed. b. Dayi to complete project: One Hundred Ten (110) Days c. Total number of days required: One Hundred Twenty (120) Days Respectfully submitted BARCOM COMME IAL, INC. R.W. Tay Project Manager/Estimator Attachments: JOC Works — Base Price - Preliminary Estimate — 6 pages Concrete Paving Plan 5826 BEAR LANE CORPUS CHRISTI. TEXAS 78405 TELEPHONE: (361) 851 -1000 • FAX: (361) 851 -1717 www.barcom.cc Bond #105401928 P A Y M E N T BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNT OF NUECES § THAT Barcom Commercial, Inc. of NUECES County, Texas, hereinafter called "Principal", and Travelers Casualty and Surety Company of America, a corporation organized under the laws of the State of Connecticut and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of EIGHTY -TWO THOUSAND, ONE HUNDRED TWENTY -NINE AND 67/100($82,129.67) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, .jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 23RD day FEBRUARY , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: INTERNATIONAL WESTSTDE PONY LEAGUE FIELD .IMPROVEMENTS JOB ORDER CONTRACT PROJECT NO. 3369 (TOTAL AMOUNT: $82,129.67) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the .plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to he performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 4th day of March , 20. 10 . PRINCIPAL Barcom Commercial /.Inc. (Print Name & Title) -ATTEST Secretary (Print Name) SURETY Travelers Casualty and Surety Company of America BY: Attorney -in --fact (Print Name) C.A. McClure The Resident ... Agent of the Surety . in Nueces County, Texas, for delivery of notice and service of process Agency: Keetch & Associates Contact Person: Kevin Keetch Address: P.O. Box_3280 Corpus Christi, TX 78463 Phone Number: 361- 883 -3803 (NOTE; Date of Payment Bond must not be prior to date of contract) (Revised 9/02) Payment Bond Page 2 of 2 Bond #105401928 PERFORMANCE BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES THAT Hero= Commercial, Inc. of NUECES County, Texas, hereinafter called "Principal ", and Travelers Casualty and Surety Company of America a corporation organized under the laws of the State of Connecticut and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of EIGHTY -TWO THOUSAND, ONE HUNDRED TWENTY -NINE AND 67/100 ($82,129.67) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 23RD of FEBRUARY , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: INTERNATIONAL WESTSIDE PONY LEAGUE FIELD IMPROVEMENTS JOB ORDER CONTRACT PROJECT NO. 3369 (TOTAL AMOUNT: $82,129.67) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page I of 2 This bond is given to meet the requiremen s of Article 5160, of 6, Vernon's Civil Statutes of Texas, and other applicable the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 4th day of March , 20 10 PRINCIPAL Barcom Commercial, Inc. BY'Uoltal, t40 C (Print Name & Title) ATTEST r est d eYI� Secretary (Print Name) SURETY Travelers Casualty and Surety Company of America By: Attorney -in -fact C.A. McClure (Print Name) Thg_.._Resident Agent of. the Surety in Nueces County, Texas, for de33vexy of notice and service of gzCeess is: Agency: Contact Person: Address: Phone Number: Keetch & Associates Kevin Keetch P.OJg280 C.rr hri 361- 883 -3803 (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 9/02) Performance Bond Page 2 of 2 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No.: Various Projects 2010 Surety Company: Travelers Casualty & Surety Company of America Ladies /Gentlemen: 1, Richard W Sauer, Account Executive, Officer, hereby certify that the facsimile power of attorney submitted by C. A McClure of Southem American Insurance Agency, Inc. for Barcom Commercial, Inc., a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this 12th day of March, 2010. Name: Richard Title: Account Executive, Officer Sworn and subscribed to before me on this ' ' , day of % ,9 /24 2010. (Revised 2/10) Notary Public State of /c- S My Commission Expires: 6,/,-;,1657/ L3 TRAVELERSJ� WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 215018 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 03138928 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint C. A. McClure, Kelly J. Brooks, Kenneth L. Meyer, and Michelle Ulery of the City of Houston , State of Texas , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies 2009 have caused this ins Jul day of Y 2 State of Connecticut City of Hartford ss. heir corporate seals to be hereto affixed, this 21St Farmington Casualty Company Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: On this the 21St day of July 2009 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440 -4 -09 Printed in U.S.A. C . ...44teCt0 Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675 -3000 (267) 675 -3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. PAYMENT BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Barcom Commercial, Inc. of NUECES County, Texas, hereinafter called "Principal ", and a corporation organized under the laws of the State of__ and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of EIGHTY -TWO THOUSAND, ONE HUNDRED TWENTY -NINE AND 67/100($82,129.67) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the _payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 23RD day FEBRUARY , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: INTERNATIONAL WESTSIDE PONY LEAGUE FIELD IMPROVEMENTS JOB ORDER CONTRACT PROJECT NO. 3369 (TOTAL AMOUNT: $82,129.67) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void.; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said - Article_ The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL By: (Print Name & Title) - ATTEST Secretary (Print Name) SURETY By:__ Attorney -in -fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for livery ' of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 9/02) Payment Bond Page 2 of 2 PERFORMANCE BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Barcom Commercial, Inc. of NUECES County, Texas, hereinafter called "Principal ", and , a corporation organized under the laws of the State of and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of EIGHTY -TWO THOUSAND, ONE HUNDRED TWENTY -NINE AND 67/100 ($82,129.67) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 23RD of FEBRUARY , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: INTERNATIONAL WESTSIDE PONY LEAGUE FIELD IMPROVEMENTS JOB ORDER CONTRACT PROJECT NO. 3369 (TOTAL AMOUNT: $82,129.67) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL By: (Print Name & Title) ATTEST Secretary (Print Name) SURETY By: Attorney -in -fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 9/02) Performance Bond Page 2 of 2 z= svx wM City of Chartti SUPPLIER NUMBER TORE ASSIGNED RV CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST 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". See reverse side for Filing. Requirements, Certifications and definitions.. COMPANY NAME: Barcom Commercial, Inc. P. O. BOX: STREET ADDRESS: 5826 Bear Lane FIRM IS: 1. Corporation 4. Association CITY: 2. Partnership e 5. Other Corpus Christi ZIP: 78405- 3. .Sole Owner Q DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this or attach separate sheet. 1. State the names of each `employee" of the C. of Corpus having an "ownership interest" constituting 3% or more of the ownership in the a ve named "firm." Name n/a Job Title and City Department (if known) 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 n/a Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firth." Name n/a Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who ny worked on a matter related Yto the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in subject above named "firm." Name n/a Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee m the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this Wit, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Elaine R. Hoffman Title: gym aPrint) Sipature of Certifying Person: // DEFINITIONS Date: President 12/07/09 a. `Board member." A member of any board, commission, or committee appointed by the City Council of City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "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. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the 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. e. "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. f. "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 holdings or control established through voting trusts, proxies, or special teams of venture or partnership agreements" B• "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. �CORL7"' PRODUCER CERTIFICATE OF LIABILITY INSURANCE Swantner & Gordon Ins Agcy-CC PO Box 870 Corpus Christi TX 78403 -0870 Phone:361 -883 -1711 Fax:361 -844 -0101 INSURED OP ID TERE BARCOCI L 11 /10/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORM TION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DATE (MM/DD/YYYY) INSURERS AFFORDING COVERAGE Barcom Commercial, Inc. �f 5826 Bear Lane Corpus Christi TX 78405 1 COVERAGES INSURER A: Mt Hawley Insurance Co INSURER B: Allstate County Mutual Ina Co NAIC # 37974 29335 INSURER C: Southern Insurance Co INSURER D: Republic Lloyds 19216A 19208 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . N ANY REQUIREMENT TERM OR CONDITI MAY POLICIES. max PERTAIN, ON OF ANY THE INSURANCE AFFORDED BY THE AGGREGATE LIMITS SHOWN MAY HAVE CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH BEEN REDUCED BY PAID CLAIMS. LTTR N8RG TYPE OF INSU yBE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYYLDATE POLICY EXPIRATION (MM/OD/YYYY) LIMITS A GENERAL. LIABILITY `Y/ MGL0152978 09/12/09 09/12/10 / EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PR" MISES (Ea °occuence) $ 50,000 $ 5,000 CLAIMS MADE X OCCUR MED EXP (Any one person) PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE , 000 , 000 GENT AGGREGATE D OT APPLIES PER: _s2 PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X JECT 7 LOC B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS 048941993 09/12/09 09/12/10 COMBINED SINGLE LIMIT CO accident) , 0 0 0, 0 0 0 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ANY AUTO . AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A WORKERS EXCESS I UMBRELLA LIABILITY OcL0356117 09/12/09 09/12/Z.0 / EACH OCCURRENCE ,e10,000,000 X OCCUR CLAIMS MADE AGGREGATE $10,000,000 DEDUCTIBLE RETENTION $ / $ $ $ AND AND ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory It s, S PECIAL EMPLOYERS' describe PROVISIONS COMPENSATION e / LIABILITY ��wvv Y / N WC5504365 09/12/09 09/12/10 WC 5 MI u- X TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 $ 1,000,000 $ 1,000,000 In NH) --� under below / E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT D )ESCRIPTION OTHER Builders Risk / CMP563934501 09/12/09 09/12/10 Location / $ 5,000,000 Occurrenc $10,000,000 OF OPERATIONS 1 LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: City of Corpus Christi Job Order Contracts RFP 2009 -04 See Attached Addendum. / ,ERTIFIrAr uni noo _ _ _____ _ City of Corpus Christi Department of Engineering Svcs Attn: Contract Administrator PO Box. 9277 Corpus Christi TX 78469 -9277 iCORD 25 (2009101) CICC -05 J The ACORD name and logo are SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOI THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* Y DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU R SENTATIVE ®1988 -2009 ACORD CORPORATION. All rights reserved. registered marks of ACORD cl , 1I1C Additional Insured as required by written insured contract in favor of the Certificate Holder applicable to General Liability & Automobile Liability. Waiver of Subrogation as required by written insured contract in favor of the Certificate Holder applicable to Workers Compensation, General Liability & Auto Liability Policies. Builders Risk policy includes Windstorm coverage. *30 Day Notice of Cancellation not applicable to Fireman's Fund Excess Liability policy (2nd Layer). 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. ACORD 25 (2009/01) Excess Liability Limit: $5,0 Fireman's Fund Ins. Co. Policy No. SHX00072076474 Policy Period: 9/12/09 to 9/12/10 0,000 Excess of $10,000,000 Primary Oct. 1. 2009 10:`45AM ALLSTATE ATLANTIC CERTIFICATE OF INSURANCE — COMMERCIAL Allstate. Who In good heads. No. 5832 ALLSTATE COUNTY MUTUAL INS CO - IRVING, TX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INTERESTED PARTY TYPE: ADDITIONAL INSURED Comments: CERTIFICATE HOLDER NAYED INSURED Name and Address at Party to Whom tide Certificate Is Issued Name and Address of Insured CITY OF CORPUS CHRISTI PO BOX 9277 CORPUS CHRISTI TX 78409 -9277 • / .d BARCOM COMMERCIAL INC NE 581X0 LANE CORPUS CHRISTI TX 78405 Thb 8 to oenly 11 net polidae of irheteanoe 18150 bebw hew boar Issued a Vie massed named atrotie eubJeat to the below, notwlaatandrp any requirement, tam or caldron of any contract or other document with respect to which tile certifide may be Issued or may pertain. The insurance afforded by the policies dssalbed herein Is subject to aA the terms, eadusions, and conditions of such porches. TYPE OP E�YRANCE AND UYRi GENERAL UAOIUTY Polley Number Effeadve Dice Expiration Dee Umit Ararat GENERAL AGGREGATE LIMIT (Other lhan Products - Completed Oepeadlons) S PRODUCTS • COMPLETED OPERATIONS AGGREGATE UMIT $ PERSONAL AND ADVERTISING INJURY LIMIT $ EACH OCCURRENCE LIMIT $ PHYSICAL DAMAGE LIMIT — i ANY ONE LOSS MEDICAL EXPENSE OMIT • �_ i ANY ONE PERSON = ANY AUTO • OWNED AUTOS ■ HIRED AUTOS • SPECIFIED AUTOS • NON-OWNED AUTOS ❑ OWNED PRIVATE PASSENGER AUTOS • OWNED AUTOS OTHER THAN PRIVATE PASSENGER Combined Slagle Limit d Liability BODILY DAMAGE INJURY & PROPERTY i 1,000,000 ACCIDENT Spat Limbs Rodlly Injury Property Each $ PERSON $ $ ACCIDENT UMBRELLA LIABILITY- Polley Number Effective Date Dale EACH O URRENCE GENERAL AGGREGATE f PRODUCTS - COM�OPERATIOITAGGREQATE I 1 $ $ Ii . OTHER (Policy Policy Ef(eodve p�inBar Terre) Number Date Date DESCRIPTION OF OPERATIONSILOCATIONSNEHICLE8IRE8TRICTIONS /SPECIAL ITEMS IT 18 AGREED THAT SHOULD THE IN URANCE PROTECTION EVIDENCED HEREIN TERMINATE, THE ISSUING COMPANY WILL ENDEAVOR TO MAUL NOTICE OF SUCH TERMINATION WITHIN 90 DAYS FOR THE FOLLOWING INTERESTED PARTIES: MORTGAGEE, LIEN HOLDER, ADDITIONAL INSURED AND ADDITIONAL INTERESTED PARTY. - - - SWANTNER & GORDON z • ) : 10/1109 Authorized Repmssmtvs Date Oct. 1. 2009 10 :45AM • ALLSTATE ATLANTIC . Allstate. You.* in good hands. CERTIFICATE OF INSURANCE — COMMERCIAL No.7dit r. ALLSTATE COUNTY MUTUAL INS CO - IRVING, TX THIS CERTIFICATE I8 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INTERESTED PARTY TYPE: OTHER• see comn,rntiy Comments: WAIVER OF SUBROGATION !1 CERTIFICATE HOLDER N NAMED INSURED GENERAL AGGREGATE LIMIT SCI w than Products - Completed Oparagoni) Name and Address of Party to Whwn fhb Certificate Is Issued N Namur and Address of Unwed $ ' CITY OF CORPUS CHRISTI B BARCOM COMMERCIAL INC EACH OCCURRENCE UMIT T I$ S b osr8ty that policcles at h�iuranoi Ik1id bebw tr<,re ban Itaued 10 the insured named above illbje0t b the sxpiraUon dame noWlistanding any requirement, term or cond ion of any contract or other doormnenm with respect to witch tlds wed lodes. may be locoed or may pertain. The Insurance afforded by Me policies desmbed heroin b subject to all the temps, exclusion, and conditions of such policies. GENERAL LIABILITY Poky Number Melva Dade Expindlan Dade Unfit Amount GENERAL AGGREGATE LIMIT SCI w than Products - Completed Oparagoni) $ PRODUCTS • COMPLETED OPERATIONS AGGREGATE UMIT $ PERSONA. AND ADVERTISING INJURY UMIT $ EACH OCCURRENCE UMIT tc PHYSICAL DAB UMIT $ ANY ONE 1.088 MEDICAL EXPENSE UMIT " $ ANY ONE PERSON AUTOMOBILE LIABIOTY Number 48941993 Ettactive Gate 2/00 rimbn Date 12/10 Emle Coverage ANY AUTO ❑ OWNED AUTOS O HIRED AUTOS D SPECIFIED AUTOS ❑ NON.WVNED AUTOS • OWNED PRIVATE PASSENGER AUTOS • OWNED AUTOS OTHER THAN PRIVATE PASSENGER Combined Angh Limit of LlabIlly BODILY INJURY & PROPERTY DAMAGE 9 1.000.000 I EACH ACCIDENT R Limits Bodily Injury Prop.riy Each S PERSON tt _ S ACCIDENT , UMBRELLA LIABILITY Pe Number i ffeetlw Date d Tr' •vr •+I = 4-r la c 1 -T 1 1c c T.-c TE - r• , I . - r • • • 1- I •' ` . rcTc E c TE S $ $ OTHER IPolloy Number Date Date 'TYPO DESCRIPTION OF OPERATIONS/L OCAT1 ONSNEHICLEB/RESTRICTIONS/SPEgN- ITEMS IT IS AGREED THAT SHOULD THE INSURANCE PROTECTION EVIDENCED HEREIN UING COMPANY VOR TO MAIL NOTICE OF SUCH TERMINATION WITHIN 30 DAYS FOR THE FOLLOWING INTERESTED PARTIES: MORTGAGEE, UEN HOLDER, ADDITIONAL INSURED AND ADDITIONAL INTERESTED PARTY. 3 V t.. � SWANTNER & CORDON,.'' a' = 10/1/09 Authorized Reprosentative Dame Policy Number: MGL0152978 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. \/ ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: ✓ COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION 11— WHO 13 AN INSURED is amended to indude as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additlonal insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily Injury." "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury," "property damage or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, induding: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engi- neering activities. 2. "Bodily injury' or "property damage" occurring after. a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 ® ISO Properties, Inc., 2004 Insured Page 1 of 1 Policy Number MGL0152978 1 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(*) Location and Description of Completed Operatlans All persons or organizations where required by written contract. Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION I1 — WHO IS AN INSURED is amended to include as an additional insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for "body injury" or 'property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard." CG 20 37 07 04 ® ISO Properties, Inc., 2004 Page 1 of 1 Insured Policy Number MGL0152978 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART J A. Section II - Who Is An insured is amended to include as an additional insured any person or organ- ization for whom you are performing operations when you and such person or organization have agreed in writing In a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an addi- tional insured only with respect to liability for "bodily injury," 'property damage" or "personal and adver- tising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions behalf, in the performance of your the additional insured. of those acting on your °ongoing operations" for A person's or organization's status as an additional insured under this endorsement ends when your oper- ations for that additional insured are completed. To the extent required under contract, this policy will apply as primary insurance to additional insureds and other insurance which may be available to such addi- tional insureds will be non - contributory. B. With respect to the insurance afforded to these ad- ditional insureds, the foNoowing additional exclusions apply: This insurance does not apply to: CGL 215 (09/06) 1. "Bodily injury," "property damage" or 'personal and advertising injury" arising out of the rendering of, or the failure to render, any professional archi- tectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engi- neering activities. 2. "Bodily injury" or "property damage" occurring after a. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the lo- cation of the covered operations has been completed; or b. That portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a prin- cipal as a part of the same project C. Definitions "Ongoing operations" means operations not induded in the "products - completed operations hazard." ALL OTHER TERMS AND CONDITIONS OF THIS POUCY REMAIN UNCHANGED. Contains copyrighted material of ISO Properties, Inc. Insured Page 1 of 1 Policy Number: MGL0152978 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. CHANGE ENDORSEMENT End: moment E :01w Date: 10462089 EnOa.ementMotor: 1 Insured Name; Bream CommreY. Iae. 17 18 UNDERSTOOD AND AGREED THAT ❑ 1.PRIAM ❑ ❑ 2. ADVANCE PREMIUM ❑ ❑ 3. MIN64UM PREMIUM 0 0 4. RATE ❑ 5. mum, ❑ 8. mar ❑ IS CHARGED FOR THE PERIOD: 0 0 0 (12:01 am.) 7. COVERAGEILMITS 8. INCEPTION DATE 9. EXPIRATION DATE 10. TERNS 11. NAME OF INSURED 12. ADDRESS OF INSURED 18 AMENDED TO READ AS FOLLOWS: In Ow wont of canc,'Npon, we agree to mall 30 days prior written notice (oroopt for nompoyment of p miurn N 10 days] to: City of Corpus ChrNe Depmbnwlt d finanssr1ng Sswicae Attu Contract Administrator P.O. Box 9277 Corpus Christi, TX 784004277 o ADDmONAL PREMIUM 0 RETURN PREMUM ® NO PREMIUM CHANGE D 0 TOTAL 8 ❑ 13. COVERAGE IS CANCELLED O SHORT RATE ❑ PRO RATE ❑ MINIMUM PREMIUM A PUSS ❑ 14. ADDITIONAL INSURED BUT ONLY AS RESPECTS THE OPERATIONS OF NAMED INSURED ALL OTHER TERMS AND CONDRmON$ OF THIS POUCY REMAIN UNCHANGED. DATE OF ISSUE= PK 1WW8/280S RIL 2100 (04198) Insured Pogo 1of1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 08 01 (Ed. 7-84) 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 cancelation or other material change of the porky, we wiN 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: 3 0 2. Notice will be malted to: ANY CERTIFICATE HOLDER WHO REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED TO HAVE SUCH NOTICE GIVEN AND FOR WHOM A CERTIFICATE IS ON FILE WITH THE AGENT, This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Ohs information below is required only when this endorsement is leaved subsequent to preparation of t!• policy.) Endorsement Effective Date: 0 9/ 12 / 2 00 9 Policy No. WC 5 50 4 3 6 5 00 Endorsement No. Policy Effective Date: 09/12/2009 to 09/12/2010 / A VVV Premium $ Insured: BARCOM COMMERCIAL INC / DB CamerName /Code: Southern Insurance Company WC 42 08 01 Countersigned by VCP•ill7Pf, (Ed. 7 -84) Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420304A (Ed. 1-00) TEXAS WAIVER 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. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations descibed in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to beneM anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Speak Waiver Name of person or organization (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: See Item 4 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 09/12 / 2 0 0 9 Policy No. WC 5504365 0 0 Endorsement No. Policy Effective Date: 09/12 /2 0 0 9 to 09/12/2010 Insured: BARCOM COMMERCIAL INC / OBA: Carrier Name /Code: Southern Insurance Company WC 420304A (Ed.1 -00) Countersigned by Premium S Page 1 of 1 PouCY NUMBER OMP811311341101 Don:om Commesow, be. '7 COMINIROAL REAM MARINE 11101230102 THIS ENDORSEPAENT CHANGES THE POUCV. PLEASE READ IT CAREFULLY. LOSS PAYABLE TMs soon, ant miles les ihwtuenoe padded under Me tbllualn : MOON J RIR COVERAGE FORM COM IERCIAL FNvE ARTS COVERAGE FORM COMPUTER SYSTIMIS_DOVEE cCNTRACTOl1s EoUIFRIE iTIbb VERAP AGE FORM OIFIEuNOE w CONDITIONS COVERAGE FORM MARTS CRAMS MID GALLERIES COVERAGE FORM INSTALLATION CSI FORM IISTNJ NT SALES AND LENSED PROPIRTY 00vERAGE FORM WOMORYAND IIOUIPMENT COVERAGE FORM MOTOR TRUCK CARGO OWNERS COVERAGE FORM SCIENTIFIC AND MEDICAL DmONOSfC ANT COVERAGE FORM eCNIDULIF Rem. N. MEL Vey Du mbEon Fteee Job Order Contracts RFP C°uMns C rim, _ ._....�_. �_.�� infmmeNon tvg.Med b compels Nhb Schedule, ti not shown on Inl. endorsement, WI be shwas h>he OsJ.a- V For Mod Prepay In With both you ends toss Payee Wan et the Schedule ear b the DeeMeN.n. Mee an MurebU DINA wew lk A. AdjusIINNS vAlh end . B. Pgagrdab for bee or damage jot* to you and Nh. Las Payee, w Menet me, *peer. 9119900403 00441f/ O ISO Phopshess, Ina, 2003 Puss / et 1 O