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HomeMy WebLinkAboutC2010-544 - 12/14/2010 - Approved; z � / � z � � y 9�+& WATERGARDEN ELECTRICAL UPGRADES PROJECT NO. E10202 (Revised 6/27/99) Table of Contents NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B Worker's Compensation Coverage for Building, or Construction'Projects for Government Entities PART A - SPECIAL PROVISIONS A I Time and Plaee of . Reeeiving Prepesals�Pre Bid meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award /Explanation of Bid Items A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage 71_8 __Faa ed Pr.-peree l - e A -9 Acknowledgment of Addenda A -10 Wage Rates A -11 Cooperation with Public Agencies A -12 Maintenance of Services A -13 Area Access and Traffic Control A 714 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A-16 Disposal /Salvage of Materials A I;E Fiel eff (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and.Certification A 21 PEej eet Signs (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy A -23 Inspection Required A -24 Surety Bonds A 25 S a l es __ Tax E..e,....tie (NO LONGER APPLICABLE) (6/11/98) A-26 Supplemental Insurance Requirements (NOT USED) A - 28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A 3S City Water Faeilities Speeial Requirements (NOT USED) A -36 Other Submittals A 37 .. e , ArrwV meat and Charge fer -Water PurpAshed by Git-y' A -38 Worker's Compensation Coverage for Building or Construction Government Entities A 39 Gerti €ieate of Geeupaney and Final Aeeeptanee (NOT USED) 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 46 D isposa l of Highly c l ..te.7 a te_,._��_ /_c /nn� A 47 Pre n. . a .. F Ep . „t H , tl ( 7 1 5 1 nn A -48 Overhead Electrical Wires A- 49 Amended "Maintenance Guaranty" (8/24/00) (Revised 10198) (NOT USED) Projects for A -50 Amended Prosecution and Progress FQ A 53 Dust Gemm PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART 8 STANDARD SPECIFIG&TIGNs PART.T - TECHNICAL SPECIFICATIONS Section 16000 - Electrical PART W DRAWINGS AFFIDAVIT & WAIVER OF LIEN AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BONA Table of Contents Page 2 of 2 NOTICE TO CONTRACTORS -,A NOTICE TO CONTRACTORS - A (Revised June 2010) INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE w . A. The Contractor shall not commence work under this Agreement until he /she has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Contractor allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. The Contractor shall furnish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. 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: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial f=orm 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 Inju AUTOMOBILE LIABILITY - OWNED NON -OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental. discharge; to include long -term environmental impact for the ❑ REQUIRED disposal of contaminants X NOT REQUIRED See Section B -6 -11 & Supplemental BUILDERS' RISK Insurance Requirements ❑ REQUIRED X NOT REQUIRED $100,000 COMBINED SINGLE LIMIT INSTALLATION FLOATER See Section B -6 -11 & Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED. Exhibit B - Insurance Requirements Page 1 of 3 C. In the event of accidents of any kind, the CONTRACTOR shall furnish the CITY with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. II. INDEMNIFICATION AND HOLD HARMLESS A. CONTRACTOR shall indemnify, save harmless and defend the City of Corpus Christi, and 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 solely by the negligence or other fault of the City of Corpus Christi, its agents, servants, or employees or any other person indemniffed hereunder. B. The CONTRACTOR shall obtain workers' compensation insurance coverage through a licensed insurance company or through self - insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through, self - insurance, then within ten (10) calendar days after the City requests that the Contractor sign the contract documents, the Contractor shall provide the City with a copy of its certificate of authority to self- insure its workers' compensation coverage, as well as a letter, signed by the Contractor, stating that the certificate of authority to self- insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self - insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Contractor shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested, directed to: City of w Corpus Christi, Department of Engineering Services, P. O. Box.9277, Corpus Christi, Texas 78469, Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self- insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. Exhibit B - Insurance Requirements . Page 2 of 3 rl- r_ C. Builder's Risk Coverage CONTRACTOR will be responsible for providing builder's risk insurance coverage for the term of the contract up to and including the date the CITY finally accepts the project or work. Builder's risk coverage shall be an "All Risk" form. The policy shall be a completed value form. The CONTRACTOR shall provide such builder's risk coverage at least in the amount of $ N A ( N/A Dollars ), which is estimated to be the value at completion of the real or personal property to be constructed, repaired or otherwise improved under the contract. CONTRACTOR shall be responsible for paying all costs necessary to procure such builder's risk insurance coverage, including any deductible. The CITY shall be named an additional insured on any policy providing such insurance coverage. III. ON THE CERTIFICATE OF INSURANCE: • The CITY OF CORPUS CHRISTI is to be named as an additional insured on the certificate and by endorsement on the liability coverage, except for workers' compensation coverage. • For each insurance coverage, the Contractor shall obtain an .endorsement to the applicable insurance policy, signed by the insurer, providing the city with thirty (30) days prior written notice of cancellation of or material change on. any coverage. • The NAME OF THE PROJECT should also be listed under "description of operations Exhibit B - Insurance Requirements Page 3 of 3 NOTICE TO CONTRACTORS B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, W 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' ti 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, §401.0.11(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. (S) 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 w 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 L 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 w 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 4 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 W 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 (M 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 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (S) contractually require each other person with whom it contracts to: u� (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §40). (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 oz after January 1, 1996. Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 T28S 114.110(c)(7) Article . Workers' Compensation Insurance Coverage. A_ Definitions: Certificate of coverage ( 'certificate')- 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, TWCC83, 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 arty 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 ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during -` the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The. contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of anyperson 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 ma y. 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 certificates of coverage on fi le for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this 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 NSW FIRE DEPARTMENT MAINTAINENCE FACILITY LANDSCAPE IMPROVEMENT PROJECT NO. 5244 SECTION A - SPECIAL PROVISIONS rM A -2 Definitions and Abbreviations Section S -1 of the General Provisions will govern. A -3 Description of Project Watergrarden Electrical Upgrades - Project No. E10202; The project for the Water Garden located at 1900 N. Chaparral St.; consists of replacing several electrical components to restore operation. The following provides a more detailed description of the work: • Removal and replacement of the Main Distribution Center and all related components. • Removal and replacement of the F'LA Panel and all related components.. • Removal and replacement of the LP Panel and all related components. • Removal and replacement of the 112.5 KVA Transformer and all related components. • Removal and replacement of the Control Cabinet and components. Section A - SP - (Revised 12/15/D4) Page 1 of 25 OFF -W A -2 Definitions and Abbreviations Section S -1 of the General Provisions will govern. A -3 Description of Project Watergrarden Electrical Upgrades - Project No. E10202; The project for the Water Garden located at 1900 N. Chaparral St.; consists of replacing several electrical components to restore operation. The following provides a more detailed description of the work: • Removal and replacement of the Main Distribution Center and all related components. • Removal and replacement of the F'LA Panel and all related components.. • Removal and replacement of the LP Panel and all related components. • Removal and replacement of the 112.5 KVA Transformer and all related components. • Removal and replacement of the Control Cabinet and components. Section A - SP - (Revised 12/15/D4) Page 1 of 25 A -4 Method of Award The Contract is awarded as a Job Order Contract (JOC) and prices established through 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: 5% Bid Bead (Must refer-enee PAUL JONES AvMTUE � HOLT=Y RQAD RXMB . NSMG 2. Disclosure of Interests Statement 3. Submittal of Materials A -6 Time of COmPletion/Liquidated.Damages The working time for completion of the Project will be 75 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, FIVE HUNDRED DOLLARS ($500.00) per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage I€ 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 ad 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 permit subcontractors or others to individuals working on the Project of this Contract, the Contractor shall not work on the Project unless all such are covered by workers' compensation Section A - SP (Revised 12 /15/04) Page 2 of 25 insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A 8 Famed Prep als Prepesals— feed— direetly to the - --city will be— eenside:-r-ed een respenei� u.e.eer- dane.e ➢�� of the General Previeiens. ' tY :�eetiex� , A -10 Wage Rates (Revised. 7/5/00) Labor preference and wage rates for BUILDING CONSTRUCTION in ease of eenfliet, Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of.the payroll submittals.) One and one - half (1%) 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 Dig Tess at 1- 800 - 344 -8377, the Lone Star Notification Company 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. Section A - SP (Revised 12/15104) Page 3 of 25 City Engineer Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P S B C /At &T City Street Diva for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 826 -3500 826 -3540 882 -2600 826 -1881 (826 -1888 after hours) 826 --1800 (826 -1888 after hours) 885 -6900 (885 -6900 after hours) 826 -1875 (826 -1888 after hours) 826 -3461 826 -1970 1- 877 - 373 -4058 881 -2511 (1 -800- 824 -4424, after hours) 826 -1946 826 -3547 857 -5000 (857 -5060, after hours) 887 --9200 (pager 800- 724 -3624) 813 -1124 (Pager 888- 204 - 1679) 881 -5767 (pager 850 -2981) 512/935 -0958 (Mobile) 972 - 753 -4355 The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work. as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the - requirements of the company or agency that owns the utilities. 4 Where existing sewers are encountered and are interfered with U..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 public. This may include, but is not limited to, working driveways in half widths, construction of temporary Section A - SP - - (Revised 12/15/04) Page 4 of 25 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 shall be as shown in the proposal. A -14 .Construction Equipment Spillage and Trackin The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. ,All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc, are shown in the removal summary and paid for as shown in the proposal. A -16 Disposal/ Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A 17 Field Of-fiiee (NOT USED) The Gentraeter- must furnish the Gity EngineeE.gr his r-epEesentati-ve with a field effiee at the eenst:3.= site. The -field effiee must eentain at. least 9:20 heated and must be Parnished with an ilnleli-ned- table that measuEes at least 30 x- 60 and twe (2) shairs. The Gentraeter shall ineve the field effiee en the site as r-e ir-ed by the City Ba 56neer er- his representative. The field effiee must be furnished with a teiephqne (with 24 heuL- per- dW answer-Ing sea--vlee4 and FAY. maehiRe paid fer by.the Gent:eaeter. TheEe is no separate pay item fer the fie! effiee. This item shall be eensidered siabsidiaray to the appr-epriate bid items. A -18 Schedule and_Semence of Construction. The Contractor shall submit to the City Engineer a work plan based only on t+ L =DAR days. This plan must detail the schedule of work and .must be submitted Section A - SP (Revised 12/15/04) Page 5 of 25 to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule Submit to the City Engineer three (3) days prior to the Pre - Constructions Meeting an initial Construction Progress Schedule for review. 2. Items to Include Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates Indicate submittal dates required for all submittals. 4. Re- Submission Revise and resubmit as required by the City Engineer. 5. Periodic Update Submit Updated Construction Progress .Schedule to show actual progress of each stage by percentage against initial Schedule= The detailed updated construction progress schedule shall be submitted with the monthly pay request. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages r are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due to the Contractor the amount of liquidated damages due to the City from the monthly pay estimate. Days Allocation for Rain ' The contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the nearest location is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has. been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days Completion shall be based on satisfactory work, completed, tested, in accordance with the plan, specifications, and contract documents and connected. to the existing system, and accepted by the City for the entire project. Certificate of Completion The requirements to 'issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List): (1) Final inspection (Contractor shall have red lined set ready to submit to City with all corrections /notes - Engineering Services to coordinate As- Built plan preparation with A/E Consultant). (2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector /Engineer verifies that all submittals, payrolls, Inspection Reports, As- Builts, O&M manuals (in electronic format as Section A - SP (Revised 12/15/04) Page 6 of 25 required), SCADA documentation, and other Field Information are complete. (4) Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. (5) Final estimate reviewed by City Construction Engineer. (5) City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. (7) Final payment checklist: (a) Affidavit that all bills have been paid, "waiver of Lien" (b) Submittal of all remaining payrolls (c) Submittal of MBE letter on what Contractor has actually subcontracted through end of project (d) if GBBG-- piaejeet, all federal €erm8 eempleted —and wed (8) Final Acceptance Memorandum prepared by Administrative Assistant. (9) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork. (14) Administrative Asst. submits to director of Engineering Services /operating Department Head for approval and forwarding to Asst. City Manager. (11) Final Acceptance memo returned from Asst. City Manager. (12) Authorization for payment (AFP) prepared and submitted to Accounting Department. (13) Contractor receives final payment after City Council (if required or Asst. City Manager accepts project. (14) Administrative Asst. sends letter to Contractor informing him or her when one -year warranty date begins (Acceptance Memorandum). City acceptance of the project will be described in an Acceptance Memorandum to the Contractor. The warranty will begin on the date that the Acceptance Memorandum is issued to the Contractor. ME Section A - SP (Revised 12/15/04) . Page 7 of 25 eentFel of the werk -. Engineer at the - eRse- ef- the - Ge�r��aeter. Section A - SP (Revised 12/15/04) . Page 7 of 25 L� l J the Gentraeter shall pr-evide The Gentraeter shall tie in er- refeL-enee all —1-o:es and , both exjs-t-i� and f assisting the measuring ef the eempleted werls. Werle. Any diser-epaneies shall be neted by the Third Party or in house SurmveyeE Streets •— All -eur -b rettiras cat -p eint of ta cif- e" mfer-eaee Gu�-b and 9:utter flew line beth sides ef street en a 200 Interval; Street awewns- -en a 298' interval and at al! inter Wastewater: ,,4 xver-t elevatiens at rrtaiiheles, • All interseeti l ines • 0--a-s-ing eie-e:atiens (top ef pipe and flew line) (T-XDGEP and RR permit6). Water: • —All tep- ef- valves b 93 _ Valves . .. l- t s ' - TMf Stormwater: All rirtt invert ele- vatiens -at manholee;- • A!! interseeting lines in manheles J •— CasiRq elevat }ens --- Step --e-f- nine -a*td flew ( u line. GEP a nd Pa perm its) J L + +i A -20 Testina 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 (NOT USED) 1 P1111 Section A - SP (Revised 12/15/04) Page 8 of 25 A -22 Minority/Minority Minority/Minority Business Enterprise Participation Policy (Revised 10/96) 1. Policy it is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded. a City contract. b. Subcontractor Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority Business Enterprise A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or.more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s)- 3. Share in Payments Minority partners, proprietor or stockholders, of the �- enterprise, as the case may be, must be entitled to receive 51.0 °s 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. Section A - SP (Revised 12/15/04) Page 9 of 25 i. d.. Minority See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. 3. 4 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 25.00 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 j.oint venture. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's t,J aggregate work force on all construction work for the Contract award are as follows: Minority Participation. Minority Business Enterprise (Percent) Participation. (Percent) 45 1s % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract,and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Compliance a. upon completion. of. the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold. monthly or final payments to the Contractor for failure to submit bi- weekly.payrolls in a timely fashion or to submit overall participation information as required. Section, A - SP (Revised 12/15/04) Page 10 of 25 A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate build inspections by the Building inspection Division at the various intervals of work for which a permit is required and to assure a final inspection a fter the building 4:9 eempleted a applieable. 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 (10s) 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 (10a) of the Surety Company's capital and surplus with rei-nsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsures may not exceed ten percent (10'6) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be.executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsures that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the . Federal Register as holding certificates of authority on the date the bond was issued." A - 25 Sales Tax Exemption (NO LONGER APPLICABLE) fellewing substitrated - in lieu thereef. Ghristi 12::� qualify for- e�Eemptiens ef sales, Baceise, and Use - Tames unless the 3.291 ef Ghapter- 3, E-9-am of Title 34, Publie Finanee of the Temae 19 the Gqntraeter- eleets to epei=ate under a separated eentr-aet he shall: Section A - SP (Revised 12/i5/04) Page 11 of 25 inte the Pro j eet . prapesal value of materi , he Hl eerti €ieate to his supp=se= A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator' 2. Address: P.O. Box 9277 Corpus Christi, 'Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer-the signed endorsements, or copies thereof. certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer,. stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: 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 Section A - SP (Revised 12/15/04) Page 12 of 25 ` 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 (NOT USED) A -2$ Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been .filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, .the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2'. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (94) 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.. Section A - SP (Revised 12/15/04) Page 13 of 25 be "All Perm. Centr-aeter eeverage Est -Ri-sk" must pay all east_ a ;d � _rrage- p eli e i es e A -2$ Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been .filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, .the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2'. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (94) 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.. Section A - SP (Revised 12/15/04) Page 13 of 25 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 . iri 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 Engineers 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. It 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. All bidders (See Speeial Previsiait A 5 items to be Submitted 3 ). must submit te the City Engineer the foliewing with-preposai, . infeiematien, witTl it-M Frepesal Form (Bid)-- ?_ A list e€ the k. eempenents of the we eeitpe-nent —e€ the wer-, Section ,A - SP (.Revised 12/15/04) Page 14 of 25 in the event that -- s4—;hPPP#:r-aE!ter- pr-evieusiy listed and appreved is seught City Engineer r-etaies the right te approve any skib A-�-r- :-replaeement will net be given if the rnepiaeement eff the subeentraeter will Eesult in an this previsien eenstitutes a basis upon whieh te annul the GeRtraet Pursuant to sectlen B 7 13 8. Deeumen:tatien reefaired 19ursuant to the Speelal Previsions A 28 and A 29 10. Withim five (5) days feliewing bid epea-ing, With Bid) oubmit in letter- form, infemation identifying type ef e3atity and state,. i.e., Teacas (or- ether state) Ger-per-abien ar- Partnership, and name(o) and Titie(s) e E . A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Section A - SP (Revised 12 /15/04) Page 15 of 25 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 Specif ications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications,.and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) All xaater-lals and :used in the ether n spe tat }e� reinstallation, equipment repair-, 3Feassembl inspeetien and efts, err az'y- ien �ANSMMGF) Standard 6! -as deser-4bed in the Stand �J Section A - SP (Revised 12/15/04) Page 16 of 25 All trash generated by the P=entaFaeter- er his r agen er su-beentraeters mast be eentained at site $iewiny trash — all tifaes at the water faeilit The stall keep will net —be - allewed. weds times trash daily. areas clean at all and refoavall I. He is in the based engaged eemputer menitering business €era-bly an to the eontrei systefa ,pre as applied mun ieipal water a.-.d tewater industr 2. lie hasper €ermed # � type, d wer en systems -ef e _ab e size, Mr--Y �1 required is this- Gentraet least r -. an three eempiemit as -en at; -- l I. He is in the based engaged eemputer menitering business €era-bly an to the eontrei systefa ,pre as applied mun ieipal water a.-.d tewater industr 2. lie hasper €ermed # � type, d wer en systems -ef e _ab e size, Mr--Y �1 required is this- Gentraet least r -. an three eempiemit as -en at; -- Section A - SP w (Revised 12/15/04) Page 17 of 25 Plant shall he perfer-med using a baekhee er- ha"Id digging di3� to the shall be allewed an the prejeet. A -36 Other Submittals 1:. Shop Drawing Submittal The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: 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 Section A - SP (Revised 12/15/04 Page 18 of 25 accordance . with the requirements of the Project . and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval., and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify.any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for. Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. T A-38 Worker's Compensation Coverage for Building or Construction Pro for Government Entities The requirements of "Notice to Contractors - B 311 are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Accqptance NOT USED Section A - SP (Revised 12/15/04) Page 19 of 25 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 & Recrulations It is the responsibility of the Contractor(s) to adhere to all applicable oSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Linder "General Provisions and Requirements for Municipal Construction Contracts" l 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. Section A - SP (Revised 12/15/04) Page 20 of 25 (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show -as- built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. water The Gentraeter shall be r-espens4:ble feE the di=5pesal ef water used fer testing, partieularly high levels ef ehlerine, will be used fer e3ceeed the peEraissible limits for- diseharge !Rte wetlands or- e1wirenment sensitive areas. These are regulated by numere;as ageneies sueh as T.G.E.Q., r and may , ef all regulatery 4n the Elisigesal ef all water used in 4-4;P metheds of dispesal shall be submitted to the Gity fer appreval. There shall be- ne separate pay fer dispesal ef highly ehlerinated water. Gentraeter shall net use the City's sanitar=y sewer system fer dispesal ef eentaiainated water. y Gentraet=er ;;;;Fl - it it t-e the Gity fer appre�,Fal shall then prepare a r-epert W WON WIN W NO indieating as well the the eviner ef pipelines exeavated and surveyed, r ! r the tep-ef r emisting pilaelines, and their- di y Gentraet=er ;;;;Fl - it it t-e the Gity fer appre�,Fal shall then prepare a r-epert indieating as well the the eviner ef pipelines exeavated and surveyed, r ! r the tep-ef r emisting pilaelines, and their- di Section A - SP (Revised 12/15/04) Page 21 of 25 A -48 overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with ,AEP /CP &L and inform AEP /CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty}' (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." 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 a change order to the contract." - the General P-re-, islensr in ' fellewin statement an s after the last -bid -item: eertifies that the unit priees shewn en this print eut--f-e item (ilaeludiRg Section ,A - SP (Revised 12/15/04) Page 22 of 25 all bid items (ineluding any dedueti-ve g�-epesa"1- Sheets - (3 -THRU 10 additive GF 19) er alt=er-nates) if the Centraeter en. elut th e out shall . be aeeempanied eheeses- to by - su bm i t -a print -- r pr 11, 12 , an 13 . A ll sampl e - p =int preperly eempleted j93Fepesai eu is 5h in Attachment i. pages r f . in ' fellewin statement an s after the last -bid -item: eertifies that the unit priees shewn en this print eut--f-e item (ilaeludiRg Section ,A - SP (Revised 12/15/04) Page 22 of 25 r ■ r dF up w it A 94 Tw wat wr i w a nd TiwwM- l - dewatering is needed te keep the emeavatien I ! Storm water that enters an eme-4atlen ean be pamped eut as leng ed te a 1 eatien that allows fer sheet flew przier te enter-ing a steim pump steLcm water te an area where pending eeeiars natiar-ally witheut leaving the designated werle area or by manmade bems pr-�r to entering the sterm water- system. Sheet flew and pending is to allew selids semeening and er sett=14-ng prier to emiter -ing a- tee =meter eendult eEinlet. i-b- the eigioting Storm water 19ye Ided that the quality of- gremadwater Section A - SP Y' (Revised 12/15/04) Page 23 of 25 io equa! tB 82 better than the r-eeeiving stream (0me Bay) n p per-mit.–grem the Wastewater will pay fer any. water efaality testing Eliseharge and Shall be aFetested by the City, at the C-:�ty- , 9 expen-S anaiy5iq e9st aFegu4:r-ed. The Greund-water- flew ean he mifilmum ef enee a week. The Gentr-aeteL� shall eeer-Elii4ate with the testiag. Test will alse be perfeEmed as eaeh new area Of eenstr-Retien star City, en all -is f- pumping tie the n ide the by ease system er wastewater alter-natives E)r- selutiens may be appreved by the RngiReeL- en a b asis. l9lant, ease SUBMITTAL TRANSMITTAL FORM PROJECT: NEW FIRE DEPARTMENT MAINTAINENCE FACILITY LANDSCAPE IMPROVEMENT PROJECT No. 5244 DRAWING No. STR 842 OWNER: CITY OF CORPUS CHRISTI ENGINEER: JERRY SHOEMAKER, PE, CITY OF CORPUS CHRISTI CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: Section A _ SP (Revised 12/15/04) Page 24 of 25 n p per-mit.–grem the Wastewater will pay fer any. water efaality testing , Department. —The--Gi-ty eiF water permit will reEfa44ce an estimate ef 9L-euadwatei5 flew anaiy5iq e9st aFegu4:r-ed. The Greund-water- flew ean he night it takes te fill te eriffinal level and ever-night level. , SUBMITTAL TRANSMITTAL FORM PROJECT: NEW FIRE DEPARTMENT MAINTAINENCE FACILITY LANDSCAPE IMPROVEMENT PROJECT No. 5244 DRAWING No. STR 842 OWNER: CITY OF CORPUS CHRISTI ENGINEER: JERRY SHOEMAKER, PE, CITY OF CORPUS CHRISTI CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: Section A _ SP (Revised 12/15/04) Page 24 of 25 APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section .A - SP (Revised 12/15/04) Page 25 of 25 A G R E E M E N T THE STATE OF TEXAS § COUNTY 'OF NUECES § THIS AGREEMENT is entered into this 14TH day of DECEMBER 20 by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Alpha Building Corporation termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $72,480.02 by City and other obligations of City as set out herein, Contractor will construct and - complete certain improvements.described as follows: WATERGARDEN ELECTRICAL UPGRADES JOB ORDER CONTRACT (RFP 2009 -04) PROJECT NO.E10202 (TOTAL AMOUNT: $72,480.02) 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, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, 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. Page 1 of 3 Rev. Jun -2010 Contractor shall .indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B- -6--11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 75 rALMMAR.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. Page 2 of 3 Rev. Jun -2010 ATTEST: City Secretary APPRO 7AS TO LEGAL FORM: By: Asst. City Attorney ATTE ( Co p ation) (Sea7"Below} Andrew E. Wicks, C0 rate 87ret" (Note. If Pe xson $.I ng or corporation is riot. President, attach.cogy of authorization to sign) CITY Vt7s CHR ST By : Juan Perales, r.,P.E. Assistant City Manager Engineering /Development Services Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Al ha Bui oration By: Title: Richard Booher, Fnm&e Vice 'resident 5541 BEAR LANE #201 (Address) CORPUS CHRISTI, TX 78405 (City) (State) (ZIP) 361/299 -6292 * 361/299 -6374 ( Phone) (Fax) Ik9VIC-303 AUTO FY COUNCIL.. Z ! !Q Page 3 of 3 Rev, Jun -2010 Alpha Building Corporation Corporate Resolution May 17, 2010 I, undersigned Secretary of Alpha Build in Cor oration a corporation, organized and existing under the laws of the State of Texas, do herby certify that at a meeting of the Board of Directors of said Corporation held on May 17, 2010, a quorum being present, the following resolution was adopted and the said resolution having been entered upon the regular minute book of said Corporation and in accordance with the bylaws are now in full force and effect to- wit: That, Kathleen K. Acocic President and Richard H. Booher, Vice President have unrestricted authorization, and are individually empowered and directed for and on behalf of this Corporation, and in its name, to execute any and all Agreements or Contracts or other instruments necessary for the company. I, Andrew E. Hicks, Secretary of Alpha Building Corporation, a corporation, do hereby certify that the resolution appearing above is a full true and correct copy of a resolution of the Board of Directors of said corporation duly and regularly passed and adopted at a meeting of the Board of Directors of said corporation which was duly and regularly called and held in all respects as required by the law and by the bylaws of said corporation on the 17 day of May. 2010, and that the signatures appearing on the above mentioned copy of said resolution and authorized to act on behalf of said corporation as set forth in said resolution I further certify that said resolution has not been amended or revoked and is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand as such Secretary and affix the Corporate Sea] of said Corporation this 17 day of May, 2010. Corporate Seal Secretary's Signature Mr. Billy Delgado City of C.C. Engineering Services 1317 Mestina Corpus Christi, TX 78401 August 16, 2010 We are pleased to present our proposal for repairs and replacement of major electrical gear and components for the Water Garden Facility as outlined below: Scope of Work Provide labor and material to: 1. Remove and replace Main Distribution Center materials only. 2. Remove and replace Panel FLA materials only. 3. Remove and replace Panel LP materials only. 4. Remove and replace 112.5 KVA Transformer materials only. 5. Remove and replace Control Cabinet Partial Components materials only. Total Project Cost: $72,480.02 (project total based on standard 6 -8 week delivery) Exclusions:. Anything not listed above. Bid price is for the replacement of electrical equipment and all related components only. Electrical equipment will be installed in same /existing areas. All other work needed at facility based on Engineer's recommendations not included in bid price. Unforeseen conditions not included in bid price. Bid price valid for (60) days. Corpus Christi Area Office 5541 Bear Lane, Suite 201 Corpus Christi, Texas 78405 P 361- 299 -6292 F 361 -299 -6374 www.alphabuilciing.com CREATING ENVIRONMENTS WHERE GREAT THINGS CAN HAPPEN BUILDING CORPORATION First Choice For Facilities Renovation & Construction Schedule. Mobilization within. (10) days of NTP and or issue of permit. (65) days to complete based on standard shipping of material totaling (75) days. Sincerely, e Cruz E Aguilar Asst. Project Manager/Estimator Alpha Building Corporation Corpus Christi Area Office 5541 Bear lane, Suite 201 Corpus Christi, Texas 78405 P 361- 299 -6292 F 361- 299 -6374 www.alphabuilding.com CREATING ENVIRONMEN.T5 WHERE GREAT THINGS CAN HAPPEN P E R F O R M A N C E BOND u STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Alpha Bulldinq Corporation _ of BEXAR County, Texas, hereinafter called "Principal ", and r4 corporation organized under the laws of the State ofAJF ey and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of SEVENTY -TWO THOUSAND FOUR HUNDRED EIGHTY AND 02/100 ($ 72,180.02 ) 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 14TH of DECEMBER , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: WATERGARDEN ELECTRICAL UPGRADES JOB ORDER CONTRACT (RFP 2009 -04) PROJECT NO.E10202. (TOTAL AMOUNT: $72,480.42) 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. This bond is given to meet the requirements of Article 5.160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. Performance Bond Wage 1 of 2 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 TA day of b 20 PRINCIPAL SURETY The Resident Agent of the Surety in Nueces Counter, Texas for delivery of notice and servsce of process is: Agency: Contact Person: oil Address:1 Phone Nuwber: (NOTE: Hate of Performance Bond must not be prior to date of contract) (Revised 3108) Performance Bond Page 2 of 2 Andrew E. Hicks, Corporate Secretary (Print Name & Title) (Print Name) PAYMENT B O N D STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT ' — Alpha Building Corporation of BEXAR County, Texas, hereinafter called "Principal ", and � _ erg dutf (4mi 03v�1. 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 SEVENTY -TWO THOUSAND, FOUR HUNDRED EIGHTY AND 02/100 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 14TH day DECEMBER , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: WATERGARDEN ELECTRICAL UPGRADES JOB ORDER CONTRACT (RFP 2009 - 04) PROJECT NO.E10202 (TOTAL AMOUNT: $72,480.02) 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 uthorized modification f Y o sand. 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 Dacp 20 ) p PRINCIPAL Print Name ATTEST e Andrew E. Hicks, Corporate Secretary (Print name & Title) SURETY 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 Payment Bond must not be prior to date of contract) Payment Bond Page 2 of 2 (Revised 3/08) -Ric hard Booher, EXCC dve Vice Preddemt n k- - - ,. - 1 u --- l a 4,: 1. L 2f4t (Print Name CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name /No.: Various. Projects _ Surety Company: North American Specialty Insurance Co. Ladies /Gentlemen: I, Paul A.Yasilli Jr. hereby certify that the facsimile power of attorney submitted by Lawrence L. Rhodes for Alpha Building Corporation a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this 4 day of 2008. I Name. � - i+'glCk-t Ck- Title v e Sworn and subscribed to before me on this day of r nA- a ' S '`' ' 41111:3 "RYPO'�w SHARON GRANT Notary Public ° •yam Notary Public, State of Texas - My Co Expires State of J* h'�auiait +`', March 30, 2011 My Commission Expires: ( (Revised 9103) ATTACHMENT 1 1 OF 1 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: LAWRENCE L. RHODES, BRADLEY D. JOHNSON, MARILYN CALHOUN and S TEVE N I✓ _ WHITE JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY -FIVE MILLION (525.000.000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'" of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ` llpllillflry�, A1JrYy,!� /i pF1P01�'• - - unwuvw By .GpRPOgRrtr SI4E n Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company SEAL 'y z p �� 7x79 Q GQ ` &Senior Nice President of North American Specialty Insurance Company I F ME • :� hn . .l��S� a\a fir? � �� David M. Layman, Senior Vice President of Wasbington International Insurance Company - - - - - & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 18 th day of April 20 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 18th day of April , 20 10 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. E IAL. SEAL D. SKLEENSS abLc, State oI Iy IN6 Donna D. Sklens, Notary Public mission Expires ItllUC�12011 I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 28th day of December .120 10 ' V)4 James A. Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company IMPORTANT NOTICE In order to obtain information or make a complaint: You may contact Jim Carpenter, Vice President - Claims, at 1- 800 -338 -0753. You may call Washington International Insurance Company and/or North American Specialty Insurance Company's toll -free number for information or to make a complaint at: 1 -800- 338 -0753 You may also write to Washington International Insurance Company and/or North American Specialty Insurance Company at the following address: 475 North Martingale Road, Suite 850 Schaumburg, IL 60173 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 -252 -3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714 -9104 Fag: (512) 475 -1771 Web: http:llwww.tdi.state.tx.us E -mail: ConsumerProtection(a,tdi. state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the Washington International Insurance Company andlor.North American Specialty Insurance Company. If the. dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document_ AVISO IMPORTANTE Para obtener informacion o para someter un queja: Puede comunicarse con Jim Carpenter, Vice President - Claims, al 1- 800 -338 -0753. Usted puede llamr al numero de telefono gratis de Washington International Insurance Company and /or North American Specialty Insurance Company's para informaciono pars someter una queja al: 1 -800- 338 -0753 Usted tambien puede escribir a Washington International Insurance Company and/or North American Specialty Insurance Company al: 475 North Martingale Road,.Suite 850 Schaumburg, IL 60173 Puede escribir at Departmento de Seguros de Texas para obtener informacion acerea de companias, coberturas, derechos o quejas al: 1- 800- 252 -3439 Puede escribir at Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: httpalwww.tdi.state.tx.us E -mail: ConsumerProtection a@tdi.state.tx.us DISPUTES SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el Washington International Insurance Company and/or North American Specialty Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el Departmento de Seguros de Texas. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para. proposito de infoomacion y no se converte en parte o condicion del documento adjunto. SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI 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: Al pha Building Corporation P. O. BOX: STREET ADDRESS: 24850 $1 anco Road CITY: San Antonio, TX ZIP:7 _ FIRM IS:. 1. Corporation ® 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 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 "fine." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest". constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant _ - N/A FILING REQUHtEMENTS 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 in 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 infonnation provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certify Person: -- Kathleen Acock Title: President (Type or Print) Signature of Certifying Person: �L[.�s'���.� DEFINITIONS September 15, 2009 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the 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 terms of venture or partnership agreements." g. "Consultant." Any person or farm, such as. engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. A GORA CERTIFIC/ - E OF LIABILITY INSURANr P1i40tl� phone, 713-978 -666a - T HIS CERTIFICATE IS 1 UH AS RUB 3:nternatianal Rigg ONLY AND CONFERS NO RIGH 7 ilaetheimer HOLDER. THIS CERTIFICATE 00' X077' 300 ALTER THE COVERAGE AFFORD Suites XI011E3t;011 TX 77042 -3954 INSURERS AFFORDING COVERAGE RVBVREY— I A1pYa- Building Corporation J 248 O Blanco Rd. San Antonio TX 78260 -6656 bATk (MWM,," pOIACIRS OF INSURANCE LAMP BELOW HAVE B93N ISSUED TO THE INSUREID NAMED ABOVE FOR THE POLICY PERIOD INDICATED. :1:1X1iSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VRIQH THIS r- 31 ICATE MAY HE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE Ig . MMU8IonS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWII MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR suithuru POLICYNUMSER PO1. PFBCT E P P TIOk u1tAITS A RtRALLULSILITY V C00324L158 3/6/2010 3/6/2011 EACH OCCURRENCE S 0 ; S COMMERCIAL GENERAL LIABILITY I CLAIMS MADE El OCCUR / Y MEDENP(An ono X1 000. 060 PERSONAL&ADVINJURY ' DENERALAflflREOATE $ 1 000. 000 OENLAGOR£GATEL[MITAPPLIBBPER: PRODUCTS-COMP10PAW POLICY LOC AOTOMOBLUIL UADILl1Y EkA 5994111512 ANYAUTO / 3/6/203.0 3 / 6 / 2 011 / ��Q COMBINEDSINCILE LIMIT s 1 r Q0Qi aQQ s ALLOWNEDAU705 �Yf SGHEOULEDAVIGS YY J RODS INJURY HIt6D AUT08 NON-0WNEDAUIDS BOV ILYINµ S PROPERTYDAMAOE Igor icekNnl} GARAGE LIABILITY .. AUTO ONLY -EA ACCIDENT ; ANYAUTO I..' OTHERT"AN BAACC AUTO ONLY: AGO S C EX C E SSIU MokELLALIA61L" I CUP546IP36 OCCUR � CLA IAS MADE J 3/6/2010 3/6/2011 / EACHOCCUR AGORE GATE A 00 i $ �! $ DEDUCTIBLE RETENYION ; WORKERSCDMPBNIA M9834C 72 EMPLOYERS LIABILITY ANYPROPRIEIORIPARTNERIEKEOUTNE OFFICEWMEMBERE%CLUDEpt 3/6/2010 3/6/2011 _ X wceTA T 0TH• E- L•EAOMACCIDHNT E.L. D48EJ1$Ei • 6h EMPlOYFE "'-'- ; ; ]FYse duorbsundtrN b law P E.L.OiBlABE- POLICYLIMIT ; 0 (100 A oTI+BA J T6604543L912 Builders Risk Equipment Floater 3/6/2010 3/6/2011 ! Y y One Project aced & Rented 3 100,000 DESCRIPTION OP OPERATIONS I LOCATIONS I V8H1CL8SI P.KCLVIR]NI ADVEV BY ENDORSEMENT I SPECIAL PROVISIONS - ISC PROJRCTS AS REQUIRED. The City of Corpus Chrl.sti to named Additional Insured on all General Lia4ility and Auto lability policies where required by by written contract. , qP ' 0 'P . T �GJ City of Corpus Christi Engineering services PO Box 9277 Corpus Christi TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCBLI.xU 13EFORB THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL BNDEAVOR TO NhIL c30 +> DAYS WRITTBBNOTICE TO THE CERTIFICATE HOLDER NAMED TO THU LEFT, BBT FAILURE To DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON i THE INSURER ITS AGENTS OR REPRESENTATIVES. (200!108) IMPORTANT if the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollay, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certifioate holder in lieu of such endorsernent(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the cartiflcate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 23