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HomeMy WebLinkAboutC2011-111 - 2/22/2011 - Approved2011 -111 M2011 -052 02/22/11 Barcom Commercial (Revised 6/27/99) Fire Station #3 Renovations PROJECT No. E11009 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 Z,-1 Time and Place of Receiving Proposal3 /Prc 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 A 8 Faxed Proposals A 3 Acknowledgment o-f Addenda A -10 Wage Rates A -11 Cooperation with Public Agencies A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials Z1 17 Field Office (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and Certification A 21 Prejcct Signs (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required A -24 Surety Bonds A 25 Sales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A 27 Responsibility for Damage Claims (NOT USED) A -28 Considcrati —e for Contract Award and Execution A -29 Contractor's Field Administration Staff 130 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 • (NOT USED) A -36 Other Submittals I 37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities ZA 39 Certificate of Occupancy and Final Acceptance (NOT USED) 2A. - -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 16 Disposal. of Highly Chlorinated Water (7/5/00) A -47 Prc Construction Exploratory Excavations (7/5/00) 71 48 Overhead Electrical Wires A -49 Amended "Maintenance Guaranty" (8/24/00) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART D - FERERALLY REQUIRED LANGUAGE DART S STANDARD CFECIFICATIONS PART T EXHIBITS PART W DRAWINp NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Table of Contents Page 2 of 2 NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY / ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to. include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental. Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Pagel of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction- -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC-83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and . (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5of11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S110.110(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, TWCC-83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. 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 file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J By signing this contract or providing or causing to be provided a certf cate 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 administrative penalties, criminal penalties, civil penalties, or other civil actions. r•^ Insurance Regulation. Providing false or misleading information may subject the contractor to 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 Fire Station #3 Renovations PROJECT NO. E11009 SECTION A - SPECIAL, PROVISIONS City sccrctary, located on the firot floor of City Hall, 1201 Leopard Street, City of Corpuo Chrioti City Cccrcta.ryto Office 1201 Leopard street. Corpuo Christi, Tcxao 78401 A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern_ A -3 Description of Project The project for the Fire Station #3 will consist of various interior renovations including lighting, HVAC, doors, and windows. The following is a more detailed description of the work: • Replacement of light fixtures and addition of new receptacles • Installataion of drop ceiling in dormitory area • Relocation of HVAC vents into each cubicle in the dorm • Replacement of existing door across from main bathroom • Removal and replacement of existing double doors in dorm area • Weather strip all existing doors • Infill of windows in dorm area and various other areas throughout the station • Replacement of ice machine • Replacement of urinals, and associated plumbing modifications • A -4 Method of Award The contract is awarded as a Job Order Contract (J.O.C.) 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: 1. 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 120 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of Section A - SP (Revised 12/15/04) Page 1 of 23 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, ONE HUNDRED DOLLARS ($100.00) per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if . the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A 8 Faxed Proposals Proposals must eentaia eriginal signatures and guaranty and be submitted in accordance with Section B 2 of the Ccncral Provisions. A 9 Acknowledgment of Addenda The Contractor shall acknowlcdgc receipt of all addenda received in thc appropriate space provided in thc proposal. Failure to do so will be intcrprctcd au non rcccipt. Since addcnda an have significant impact on the proposal, failure to acknowlcdgc rcccipt, and a subsequent interpretation of non rcccipt, could have an adverse effect whea determining the lowest responsible bidder. A-10 Wage Rates Labor preference case of conflict, (Revised 7/5/00) and wage rates for building construction shall be used. In Contractor shall use higher wage rate. Section A - SP (Revised 12/15/04) Page 2 of 23 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. City Engineer Project Manager 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 Div. 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 -3587 826 -3540 882 -2600 826 -1881 826 -1800 885 -6900 826 -1875 826 -3461 826 -1970 1 -877- 373 -4058 881 -2511 (1- 800 - 824- 4424,after hours) (826 -1888 after hours) (826 -1888 after hours) (885 -6900 after hours) (826 -1888 after hours) 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -4355 826 -3547 (857 -5060 after hours) (Pager 800 - 724 -3624) (Pager 888 - 204 -1679) (Pager 850 -2981) (Mobile) Section A - SP (Revised 12/15/04) Page 3 of 23 The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense_ In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control shall be as shown in the proposal. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer Section A - SP (Revised 12/15/04) Page 4 of 23 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 Office (NOT USED) neer er h4-s- representative with a field office at thc construction site. The field office must eontain at leant 12a square feet of us able apace. The field office must be air conditioned and heated and must be furnished with an inclined table that moasurco at leapt 30" x machine paid for by thc Contractor. There io no separate pay i-tcm for the field A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on cALENDAA days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. The Section A - SP (Revised 12/15/134) Page 5 of 23 detailed updated construction progress schedule shall be submitted with the monthly pay request. The contractor shall schedule his work well in advance of actual operations and shall keep the Project Manager or Parks and Recreation Department informed of all progress. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) one (1) bench mark required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. to properly execute the work, thc Contractor shall obtain approval of the City or Consultant Project Enginccr prior to deviation. If, in thc opinion of thc revision to the drawings, the Contractor shall provide supporting measurements Thc Contractor shall tic in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of thc paving process. Also, thc City or Consultant Project Enginccr may require assisting thc m asuring of thc completed work. The Contractor shall provide thc following certification for documentation and verification of compliance with thc Contract Documents, plans and specifications. Caid compliance certification shall be provided and prepared by bourse (R.P.L.s.) licensed in thc state of Tcxao retained and paid by the Contractor. Thc Third arty R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party or in houoc Surveyor and certify compliance to any regulatory hermits. Streets: •meet erowns on a 200' interval and at all intersections. Wastewater: • All rim /invcrt elevations at manholes; • All intersecting lines in manholes; Water: Section A - SP (Revised 12/15/04) Page 6 of 23 All top of valves box; - + Va -lves vaults rim; • Casing cicvatioas (top of pipe and flow line) (TXDOT and RR permits). Stormwatcr: • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In`the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs (NOT USED) Thc Contractor must furnish and install 2 Project signs as indicated on the following drawings (Attachment 1). Thc signs must be installed before tractor. The lo ation City Engineer. of the signs will be determined in the field by the A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10 /9s) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican- Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: Section A - SP (Revised 12/15/04) Page 7 of 23 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise., it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least '51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a .partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3_ Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractorrs aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 96 15 % Section A - SP (Revised 12/15/04) Page 8 of 23 b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building io completed and ready for occupancy. Contractor must obtain thc Certificate of Occupancy, when applicable. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate .an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability Section A - SP (Revised 12/15/04) Page 9 of 23 in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NO LONGER APPLICABLE) Contractor ciccto to operatc under a ocparatcd eontract as defined by Section If the Contractor elects to operatc under a separated contract, he shall: 2. Identify in the appropriate opacc or the "Statement of Materials and Other into thc Poject. 3. Provide rcoalc certificates to oupplicra. 1. Provide the City with copica of material invoicco to aubatantiate tho proposal value of matcriala. If thc Contractor doca not elect to operatc under a ocparatcd contract, he must pay for all Sales, Excise, and Uae Taxca applicable to this Project. Eubcontractoro arc eligible for sales tax exemption° if thc oubcontractor also certificate to the subcontractor and thc oubcontractor, in turn, ioouco a rcoalc certificate to his supplier. 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 Section A - SP (Revised 12/15/04) Page 10 of 23 the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. amended to include. finally acccpto thc Project or work. Builder's Risk or Installation Floater coverage- moot be an 'All Risk" form. Contractor must pay all cooto ncccooary to procure ouch Builder's Risk or Installation Floater insuranco A -28 Cone derations for Contract Award and Execution obligations under the propoocd contract, then prior to award, thc City Engineer o provide documentation conccrnir- 1. Whcthcr any licna have been filed againot bidder for cithcr failure to pay the preceding two (2) years. The bidder shall specify thc name and address of the party holding the lien, thc amount of thc lien, the baolo for the licn claim•, and thc date of thc rcicace of thc lien. If any ouch lien hao not been released-, the bidder shall otatc why the claim hao not been paid; and 2. Whcthcr there arc any entstanding unpaid claimo aga not bidder for ocrvicco Section A - SP (Revised 12/15/04) Page 11 of 23 the claimant, thc amouRt of the claim, the basis for thc claim, and an request, a -igned and dated by the bier's ewncr, president ee other authorized • A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as superintendents and foremen who are careful and City Engineer. The criteria upon which the City Engineer makes the following: its field administration staff, competent and acceptable to the this determination may include 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) year recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis . to annul the Contract pursuant to section B -7 -13. Ccction B 3 1 Cone+deration of Contract add the following text: Within five (5) working days following thc public opening and reading of thc proposals, thc three (3) apps ek lowest bidders (based on the Base Bid only) 2. A list of thc products to be incorporated into thc Project; Section A - SP (Revised 12/15/04) Page 12 of 23 3. A ochcdulc of values which 3pccifico cstimatca of thc coot for ach major component of thc work; the guidclincra contained heroin. Similar substantiation will be required participation will meet thc rcquircmcnto above, thc bidder muot clearly dcmonotratc, to thc oatiofaction of thc City Engincer, that a good faith 6_ A liot of aubce rtractoro that will bc working on thc Project_ Thia lief may contain more than one subcontractor for major cemponcnta of thc work if thc Contractor hao not completed hio evaluation of which oubcontractor will perform thc work. by the City Enginccr of all of ito oubcontractoro prior to beginning work an thc Project. If thc City Enginecr doco not approve all propoocd oubcontractoro, it may rcocind thc Contract award. In thc cvcnt that a oubcontractor prcviouoly liotcd and approved io oought to be oub3titutcd for or rcplaccd during thc term of the Contract, then thc will not bc given if thc replaccmcnt of thc subcontractor will rcoult in an pease in the Contract price_ Failure of the Contractor to comply with purouant to Ccction B 7 13; 7. A preliminary progreso schcdulc indicating rclationohipo bctwecn the major componcnto of the work. The final progrces schcdulc muot bc oubmittcd to thc City Enginccr at thc prc construction conference; B . — Documentation required pursuant to the Epccial Provisions A 28 and A -29 concerning Coao4dcration3 for Contract Award and Execution and the Conti c'-"-' a Field Administration Ctaff. . S . Bc3eu ztaion aa required by Special Previ -Dion A 35 K; if appli -able. 10. Within five (5) dayo following bid opcnng, With Bid, oubmit in letter form, information identifying .typo of entity and otatc, i.c., Tcxao (or other .otatc) Corporation or artncrohip, and namc(a) and Titic(o) of A -31 Amended Polite 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 Section A - SP (Revised 12/15/04) Page 13 of 23 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 nGeneral Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the. City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor io reminded to attend the Pre Bid Meeting referred to in Spec-*al Provision 11. 1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) A. Viaitor /Contractor Orientation hi-a ❑ubcontracto�c, and eaeh e€ their cmployeeo muot have on their Water Department Pcroonnel. A Vioitor/Contracter Safety Orientation for thooc persons who do not have aach a ard, and who deoirc to perform any work within any City water facility. For additional information refer to Attachment 1. • Department. Section A - SP (Revised 12/15/04) Page 14 of 23 C. Protection of Water Quality all t iinc o . The Contractor ohall protcct the quality of the watcr in Department to protect thc quality of thc watcr. D. Conformity with ANSI /NCF Standard 61 All matcrialn and equipment udcd in thc repair, r aooemblyr, itcma, which could come into contact with potablc watcr, muot conform to American National Ftandardo Inotitutc /National Sanitation ) Standard 6-1 an &cribed in the Standard Cpccificationa. - Cuch matcrialo include all oolvcnta, cleti-tncro, lubricanto, gaokcta, thread compounder coatings, or hydraulic equipment. Thcoc itcma muot not be uacd unlcao they conform with-ANSI/NSF Standard 61 and ualano Ouch item° are inapcctcd on thc site by authorised City pernonncl immediately prior to unc. The Contractor ohall providc thc Engineer with copico of written proof into contact with potablc water. All trash gcncratcd by the Contractor or hio cmployeco, agcnto, or CONTRACTOR'C ON SITE PREPARATION F. Contractor'o peroonncl muot wear colorcd uniform overalls othcr than orangc, bloc, -0r whitc. Each employee uniform must provide company name and individual employee identification. H. Working hours will be 7:00 A.M. to 5:00 P.M., Monday thru Friday. providc own oanitary facilitica. J. All Contractor vchicico muot be parked at dcoignatcd oitc, an dcoignatcd by City Watcr Dcparrtmcnt staff. All Contractor vchicico muot be cl arly labeled with company namc. No private . cmployco vehicleo arc allowed at 0. N. Stcvcno Watcr Tr atmcnt Plant. All nor wander through any buildingo othcr -tom for-required work or acs directed by City Water Department peroonncl during cmcrgcncy evacuation. Y. Contractor Qualifarcatiena SCADA (SUrERVIRY CONTROL AND DATA ?.CQUIEITION) Section A - SP (Revised 12 /15/04) Page 15. of 23 cuotomizing, debugging, calibrating, or placing in operatien —ate; opccificationo. 1. He io regularly engaged in the eemputer ha cd menttering—and 2. Hc has performcd we-rk on ayotema of comparable oizc, typc, and herein for at 1 ant 5 yearn. completed a manufacturcr'o training course in configuring and implementing thc opceific computers, RTUS'a, and ooftwarc prepoocd for thc Contract. rcpair, calibrate, and program thc oyatema opccificd hcrcin. 7. Hc ohall furnioh equipment which is thc product of ono S. not practical, all cquipmcnt of a given typc will be thc product of one manufacturer. Prior performance at the 0. N. Stcvcre water Tr atment Plant will bc uocd in cvaluating which Contractor or oubcontractor 9. The Contractor ohall product all filled out programming block required to show the programming ao nccdcd and required, to which thc City requirco to bc filled in and given to thc City The attached a4 eet. io an example and ict not intcndcd to chow L. Trenching Requirements shall be allowed on thc project. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: Section A - SP (Revised 12/15/04) Page 16 of 23 a. Quantity: Contractor shall submit seven (3) copies required by the City to the City Engineer or his designated representative. b. Reproduciblca: In addition to thc rcquircd copico, thc Contractor shall also submit one (1) rcproduciblc transparcncy for all ohop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. 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. T 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. Section A - SP (Revised 12/15/04) Page 17 of 23 the following: Contractor at the pre conotruction meeting. The Contractor will keep a A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors ^B" are incorporated by reference in this Special Provision. na.l acceptance of the improvemcnta under Ccneral Provision B 8 9_ A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. Section A - SP (Revised 12/15/04) Page 18 of 23 The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep, accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as- built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disposal of Highly Chlorinated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in-the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as T.C.E.Q., EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A -47 Pre- Construction Exploratory Excavations (7/5/00) Prior to any construction whatsoever on the project, Contractor shall excavate and expose all existing pipelines of the project at tie -in locations, possible conflict areas, and crossings which pass within twenty (20)feet of proposed pipelines of the project. The Contractor shall survey the exact vertical and horizontal location of each existing pipeline tie -in /conflict and determine the pipeline diameter. For existing pipelines which parallel and are within ten (10) feet of proposed pipelines of the project, Contractor shall excavate and expose said existing Section A - SP (Revised 12/15/04) Page 19 of 2 pipelines at a maximum of 300 -feet O.C., and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at a maximum of 300 -feet O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the owner of pipelines excavated and surveyed, as well as, the approximate station thereof, distance to the pavement centerline, elevations of the top of existing pipelines, and their diameters. Contractor shall perform no construction work on the project until 1) all exploratory excavations have been made in their entirety, 2) the results thereof reported to the Engineer, and 3) until Contractor receives EngineerTs approval of the report. Exploratory excavations shall be paid for as indicatcd in the proposal. • cxcavc.tiono shall be considered subsidiary to the appropriate bid item. pa44 Contractor shall for exploratory provide all his own survey excavations. work effort A-48 Overhead Electrical Wires (7/5/00) (no separate pay) 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 through a change order to the contract." Section A - SP (Revised 12/15/04) Page 20 of 23 A -51 Electronic Submittal of Bids The following paragraph modifies Paragraph B -2 -7 - Preparation of Proposal, of the General Provisions: The bidder has the option of submitting a computer- generated print -out, in lieu of, the Proposal (SHEETS: 1 THRU 13 OF 13), INCLUSIVE. The print -out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheets (3 THRU 10 OF 13). If the Contractor chooses to submit a print- out, the print -out shall be accompanied by properly completed proposal pages 1, 2, 11, 12, and 13. A "sample" print out is shown in Attachment 1. In addition, the print out will contain the following statement and signature, after the last bid item: (Contractor) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no other Information from this print -out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print- out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) (Date)" A -52 Value Engineerinz The Contractor's attention is directed to paragraph B -4 -5 Value Engineering Incentive Procedures, of the General Provisions, which states: "After award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP'S) identify potential reductions in the contract cost by effective changes to the contract plans and specifications." Therefore, the Contractor shall fully examine the plans, specifications and contract documents, as well as, the project location, construction phase schedule in Appendix C, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major items involved in the scope of the project to judge for itself the circumstances and difficulties affecting the work to be performed and obtain all information required to make an intelligent proposal. The Contractor's attention is further directed to paragraph 8 -2 -3 Examination of Plans, Specifications and Site of the Work, of the General Provisions. In other words, the Contractor shall complete it's proposal to the best of it's ability, as currently provided. A -53 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or applications of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. Section A - SP (Revised 12/15/04) Page 21 of 23 A -54 Dewatering and Disposal This item shall be considered subsidiary to the appropriate bid items where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by manmade berms prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream (Oso Creek). Testing of groundwater quality is to be performed by City, at the City's cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. The Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by the contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer system or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Tilo Schmidt, wastewater Pre - treatment Coordinator at 826 -1817 to obtain a "no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. Section A - SP (Revised 12/15/04) Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT: Fire Station #3 Renovations PROJECT No. E11009 DRAWING No. OWNER: CITY OF CORPUS CHRISTI ENGINEER: JASON SHROYER, EIT, CITY OF CORPUS CHRISTI CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 23 of 23 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 22ND day of FEBRUARY, 2011, by and between the CITY OF CORPUS CHRISTI of the County•of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Barcom Commercial, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $74,602.20 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: FIRE STATION #3 RENOVATIONS JOB ORDER CONTRACT -- PROJECT NO.E11009 (TOTAL AWARD: $74,602.20) 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 120 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 ATTEST: City Secretary APPROVED AS TO GAL FORM: By: Asst. City Attorney (4=151.11mObbgEggSONENNREMMEmWr CITY OF C RPUS CHRT,6T By: 61 Juan Perales, r. , P. E Assistant Cit Manager Engineering/Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Barcom Commercial, Inc. By: Title: 5826 Bear Lane (Address) CORPUS CHRISTI, TX 78405 (City) (State)(ZIP) 361/851 - 1000 * 361/851 -1717 (Phone) (Fax) AUTHORILEQ dT COUNCIL SEARY Page 3 of 3 Rev. Jun -2010 BARCOM COMMERCIAL, Inc. • GENERAL CONTRACTOR Proposal January, 18 2011 Proposal # 15493 TO: City of Corpus Christi — Engineering Department Attn: Jason Shroyer E.I.T 1201 Leopard St Corpus Christi, TX 78401 E -Mail: PROJECT: Fire Station 3 Repairs We propose to furnish labor and material to perform the following Price to include: Replacement of light fixtures and addition of new receptacles Install drop ceiling Run HVAC into each sleeping area Replacement of door across the hall from main restroom Remove double door behind TV in dorm Install new metal frame and door in door area Install new windows according to walk thru based on RFP Install Weather striping on new doors. Install Weather striping on door in dining area going to patio. Infill window space with metal studs and drywall on the interior and plaster on exterior. Replace Ice Machine Replacement of urinals, and associated plumbing modifications, Price to exclude: Concrete, Demo of existing wood shade structure on side of building, Lockers Vent hood, Dumpster or hauling, mop sink Note: Please allow 120 days to complete the above scope of work TOTAL AMOUNT OF PROPOSAL: $74,602.20 Seventy Four Thousand Six hundred Two and 201100 dollars Respectfully submitted, BARCOM COMMERCIAL, INC. Jus`fin McComb Asst. Project Manager JM This proposal is void if not accepted in writing 30 days after this date; however, when executed by both parties, it shall become the contract for the services described above. Signed: Date: 5826 BEAR LANE CORPUS CHRISTI, TEXAS 78405 TELEPHONE: (361) 851 -1000 • FAX: (361) 851 -1717 r-� P A Y M E N T B O N D STATE OF TEXAS § Bond #105498072 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT. Barcom Commercial, Inc. of NUECES County, Texas, hereinafter called "Principal ", and Travelers Casualty and Surety Company of America a corporation organized under the laws of the State of 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 JEVENTY -FOUR THOUSAND, SIX HUNDRED TWO AND 20/100($74,602.20) 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 22ND day FEBRUARY , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: FIRE STATION #3 RENOVATIONS JOB ORDER CONTRACT - PROJECT NO.E11009 (TOTAL AWARD: $74,602.20) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to greet 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 maLLers arising ouL of such suretyship, as provided .by Axt. 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 10th day of March , 20_11 PRINCIPAL Barcom Commercial, Inc. BY: 'I 1 /Yi \C r� 6-7/faitie. etn PK-e,s-irie/1-/ (Print Name & Title) ATTEST Gtr l CIS �l Vii) V.tyC li7 / i v J c°f r De/e71/T rte, (Print Name & Title) SURETY Travelers Casualty and Surety Company of America By: Attorney -in -fact C.A. McClure, Attorney in Fact (Print Lame) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Keetch & Associates Contact Person: Kevin Keetch Address : P.O. Box 3280 Corpus Christi, TX 78463 Phone Number: 361 -R83 -3803 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 Bond #105498072 P E R F O R M A N C E B O N D STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Barcom Commercial, Inc. of NUECES County, Texas, hereinafter called "Principal ", and Travelers Casualty and Surety Company of America , a corporation organized under the laws of the State of Connecticut and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of SEVENTY -FOUR '!'TIOUSAND, SIX HUNDRED TWO AND 20/100 ($74,602.20) DOLLARS, lawful _.may 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 incipal entered into a certain contract with the City of Corpus Christi, dated the 22ND of FEBRUARY , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: FIRE STATION #3 RENOVATIONS JOB ORDER CONTRACT - PROJECT NO.E11009 (TOTAL AWARD: $74,602.20) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract 112uments, 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 change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code_ IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this ,the nth day of March , 20 11 PRINCIPAL Barcom Commercial, Inc. By: ( _!A-d.Tht J E / i1ne . H U �, si��ec-1-- {Print Name & Title) ATTEST 6C'6 iP%r(4 Y4. )h !`CC7L (7LN i'dr')eiAK (Print Name & Title) SURETY Travelers Casualty and Surety Company of America By: �� Attorney-in-fact C.A. McClure, Attorney in Fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person.: Address: Phone Number: Keetch & Associates Kevin Keetch P.O. Box 3280 Corpus Christi, TX 78463 361- 883 -3803 (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 PRODUCE Swart Wiser & Gordon Ins Agcy -CC PO Box 870 Corpug Christi TX 78403 -0870 Phones = 361- 883 -1711 Fax :361- 844 -0101 INSURED --L 09/10/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAL oN ONLY AND CONFERS NO RIGHTS UPON THE CE qTIFlCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EX END OR ALTER THE COVERAGE AFFORDED BY THE POLIOg BELOW. INSURERS AFFORDING COVERAGE Barco:a Commercial, Inc. +� 5826 Sear Lane Corpus Christi TX 78405 INSURER A: Wausau Underwriters Ins INSURER H: nice and Industry Ins Co INSURER C: Republic Lloyds INSURER D: INSURER 5: NAIL # 26042 19410 19209 COVERAGES THE P ,LILIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PEIRTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I5 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIes. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR-RDD'C LTR NSRI • TYPE OF INSURANCE POLICY NUMBER TBJZ91455287030 POLICY EFFECTIVE POLICY DATEIMMIDDIYYYY) ,DATE 09/12/10 EXPIRATION (MINDOIYYYY) LRWTS EACH OCCURRENCE A � A �� GENERAL LIABILITY V COMMERCIAL GENERAL LIABILITY s 1,000,000 X 09/12/11 (Ea HtNTEu $ 100, 000 $ 5, 000 CLAIMS MADE X =pH MED EXP Any one person) PERSONAL & ADV INJURY $ 1, 000 , 0 0 0 GENERAL AGGREGATE /$ 2,000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ITI PRO LOC JECT PRODUCTS - COMP/OP AGG $ 2 , 000, 0 0 0 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ASJZ91455287020 09/12/10 09/12/11 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X X 1 BODILY INJURY (Per person) / $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGO $ $ EXCESS! UMBRELLA LIABILITY BE037714129 WCJZ91455287010 09/12/10 09/12/10 09/12/11 09/12/11 EACH OCCURRENCE $ 15,000,000 Ai ][ OCCUR CLAIMS MADE AGGREGATE $ 15, 000, 000 DEDUCTIBLE RETENTION $L0,S}'00 ;. $ if $ _ WCSIAIU- OTH- X TORY LIMITS ER $ A WORKERS AND EMPLOYERS' ANYIPROPRI PROPRIETOR/PR (Mandatory N es, describe SPECIAL COMPENSATION 1// LIABILITY E.L. EACH ACCIDENT $ 1,000,000 TNER /E XECUTI I l E.L. DISEASE - EA EMPLOYEE $ 1, 000, 000 In NH) under PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1, 000, 0 0 0 C. OTHER / Builders Risk J CEP563934502 09/12/10 09/1://41 Location $ 5,000,000 Occurreac $10,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/ VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Projeot: City of Corpus Christi Job Order Contracts RFP 2009 -004.y" See Attached Addendum. P403* !(W1 ,`�Lt ..3 gsto adisra CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Department of Engineering Svcs Attn: Contract Administrator PO Box 9277 corpus Christi TX 78469 -9277 ACORD 25 (2009/01) CICC -05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO NAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU�iIDll�6R ESENTATIVE 01988 -2009 ACOR ORATION. Al) rights reserved. The ACORD name and logo are registered marks of ACORD Aaai irional Insured as required by written insured contract in favor of the Cert .ficate Solder applicable to General Liability & Automobile Liability. waiv ®r of Subrogation as required by written insured contract in favor of the Certificate Holder applicable to Workers Compensation, General Liao 3lity & Auto Liability Policies. Builders Risk policy includes wi]d ostorm coverage. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) Insured: Bascom Conwmsrclat, Inc. Sou AmIlaur. Mew 27130tOtepg 0x064 Policy Amber TBJ— Z91- 455287 -030 Issued by WAUSAU UNDERWRITERS INSURANCE COMPANY TI11a ENDOWMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIBERTY 01rac1SOutWns for Contractors This eodenemek modifies insurance provided under the fallowing: COMMERCIAL GENERAL UATIILJTY COVERAGE PART This cndcnc.cal modifies insurance by hreadeaiag the ixsesanee provided by CG OD 01. Index of modified Reath _ hem 1. REASONABLE FORCE Item 2. NON -OWNED WATERCRAFT EX'IT/MON Item 1 ALIENATED PREMISES It 4. FROMM IN YOUR CARE, CUSTODY OR CONTROL Item S. DAMAGE TO PREMISS RBN ED TO YOU - EXPANDED COVERAGE Item d;. BODILY INJURY TO CO- EMPLOYEES Woe 7. HEALTH CARE PROFESSIONALS AS INSUREDS Item S. NEWLY FORMED OR ACQUIRED €MITI Y Iwo ! aLAiNRET ADD1TIQ1NAL INSURED AND WAIVER OF SUBROGATION . MANAGERS OR LESSORS OF PRENNES lima i&ZXPAWDED BLANKET ADDmONAL INSURED AND WAIVER 471+ SUBROGATION (FOR INSTALLATION EXPOSURES) hats ILBLANi[$T ADDITIONAL INURED AND WAIVER OF SUBROGATION - PEEN OR ORGANIZATION hats 12-ADDITIONAL INSURED - ARCHITECTS, ENGQNEEES 0E SURV1tY0Rs Asa 13ti ADDITIONAL INSURED • STATE, MUNJCIPALM'Y OR POLTTICAL SUBDIVISION • PERMITS Rees 14 ADDITIONAL INSURED AND WAIVER OF SURROGATIO N - LESSOR OF LEASED EQUIPMENT Item IS.I[NOWLEDG1; or OCCURRENCE Wes tL UNTD lZlfllONAL, ERRORS AND OMION19 hem 17. GODLY INJURY REDEFINITION Ran IS. MOBILE EQUIPMENT REDIFINTTION lb., 19.SUPPLEMENTARY PAYMENTS Bea 2a. LIBERALIZATION These limed= the polio actions described Woe ddleihtr Iaasoag a is reptrtitely fedrsy to the ammo Item L REASONABLE FORCE Exclaim tr. of Coverage A is replaced by the folIo is n. Expected or Intanded Injury fly Warr or "property dam" expected Of iateadcd hoes the sxiadprnat ride insured. Ill =Wee does not apply to "hodity► Nary' or 'property dowse resulting from the on of reasonable force to peeled persons or INopedy. LG31BO0907 rage 1 Sea ass Imgc Hest Avail:wee imam 2711010009 p73000i4 lixclusiom c. through n. do not apply to damage to premises ranted to you or temporarily occupied by yeas with permiaioa of the owner when the demise is caused by Fite. !Wooing, or e,tplatror or subsequent damages result from such fret. lightning or euphuism, iodating water damage. A separate limit of insurance applies to ibis coverage as described is Section 111 - Limits of lasnranc e. B. Limits for Damage to Premises Rented to Yom Paragraph d. of Sectior ID - Limits of Isotrran= is replaced by the following: Subject to S. above, the Damage to Premises Remcil 10 You Limit is the mat we will pry milder Coverage A for any combination of (a) Damage caused by fire, lightning, or explosion or subsequent damages resulting from sack file, lighteiel{ or etp1ouoa, including water damage to premises rutted to you, or temporarily 0serpicd by you with perrniasiew oldie owner; sad (b) "Property damage! (other than damage by fun) to penises, iudndintg dm contents of midi minises, footed to you fora period of 7 er fewer consecutive days. hem i 8OD1LY INJURY TO CO- EMPLOYEES I. Subject to the Bach Oa:a rmee Limit and the Gemera) Agg,t1.ac Limit, Paragraph' 2 a (I)(e)r 0) and (e) of Senior 11- Who Is ao Waled do not apply to yarn supervisory or management 'employees' far %oiity injury only. L Subject to the Bach Occurrence Lima aid the General Agregate Iieut, Paragraphs 2.n(I)(a), Or) and (e) of Section 11- Who Is an Issued do not apply to yam employees" or "von seer workers" for 'bodily injury, arising out of a Good Saaaritaa as to a co•-emploper or c -Nelunseer wider: A Good Samaritan eft rtleans an attempt to reran or aid a person is inmsinent or serious peril. provided the is not recklessly made. Damages mad to am injured co-'e nspioyee or elunteer wadies' will be reduced by any MAIM paid or available to dm injured co-'Qatployee' at volumeer wedge alder nay other valid cad collectible insaaare Item 7. HEALTH CARR PROFESSIONALS AS INSUREDS Paragraph zn. (1) (d ) of Section It - Who 1s A* Issued is deleted mhos: (1) You are engaged in the occupation or bagmen of providing or altering medial, stagical, dental,a: ray or nursing 9aviccs.Ircalmot, advice cc iiuli utioes or (10 The 'employee has any other imam= that world also cover claims arising under this provision, whether the caber imaraace is wi cry, excess, contingent or on any other basis. he 8. NEWLY FORMED OR ACQUIRED amnia Paragraph 3. of Seem II - Who Is Am bayed is replaced by the following 3. Any or$aahatior, other than a joint restate, you newly acquire or form and over which you maintain majority ownership ix majority iateresl, atilt qualify as a Named bowed if there is no other similar imam= awtillable to that organisation. a. Comrags under this peovities is afforded our)yr urlik LG 318004 07 Page 3 See non page Due Available heap 2.7320111000M10.441 1. Any "occurrence" t hat talus plum after you cease to be a mans is that premises Any construction, rcaovalios, demolition or installation operations performed by or our behalf of the ad+titioad intend. 3. Any premises for which gage is excluded by endorsement. t. 0. Other I,tsrrnnee The ittirraaarre provided by this endorsement applies only to coverages sad limits of insurance required by valise agreement, let ie no evert exceeds either tiro scope of comer or the hineits of insurance available within this Policy Tide insurance shall be carets over any other iusuraaoe available to the additioanl inlayed, Miether such iaunrmnoe is on an mama, mi tinate. or primary bask, unless you are obligated sodas a written agreement to provide liability" insurance for that additional insured as may other basis. la that evotd, Ibis policy van apply sotaly on the basis required by suck writes agreement Truk c*cttt that the additiwtsl insured has the right to panic any abet insurance carrier for coverage, includes a defense, we shaft share that right with Ile additional ranted Item 10. EXPANDED BLANKET ADDrTIONAL INSURED AND WAIVER or SUBROGATION tIOR INSTALLATION EXPOSURES) A. Swum t1- Wbo Is As hound is anneaded to adage as an insured any person es orgaaimtios to whom you owe obligated by a writeea agrennest to procure additional insured covetsge, provided that 1. The "bodily iajtsry; 'propel damage,' or 'personal and advertising injury' Oohs rise to liability occurs subaqua* to the caecut of tithe urines agreement; act) 2. The wines agreement is in effect at thy: time aides 'bodily injury; 'property dungy' or "personal and advertising injury" for which Coven. it 'that perms or organizaiios shell be aimed to as Ike additional insured. The coverage afforded to the adebtiapl insured is handled to liability mused, is wbob err is part, by the negligent acts or oms6or of you, yarn employees, your agents, or yore subcontractors, is the perfurmaace of yen" mgoing operatioM This insurance doer sot apply to "bodily iajtsy, es "property damage, ' personal and advertising iejtuy' aching oat of your work iodated in the 'prodoats- oomplcpd operations hazard ankle you are required to provide sock coverage for this additional insured by the mace unary and ben only for the period of time required by tic written ammo** sad mil for liability g sur..d, is whole or in part, by the aegliaeat acts at oraimiaaa of yea, yam" employeils, year agents, or your subcontractors There is as eoacrape for tee addtional insured for "boeblyr injarr,'peepcarty damage cc 'personal and advertising is juryy' atisin not of the sole negligence of oho edditicesi insured or by those ailing on Woad d the additional iasnecd, MOP as provided belsw. LC 3180 0907 paac 5 Sec scot page Bast Available huge L. la the performance of your ongoing operations; or 2. la connection with premises owned by you provided that: 27uo1u018rr ,30Ww !a) The "bodily injury)", -party damage a' "personal and advertising iajsry" giving rise to habiiity occurs subs :qucat to the cxecrdioa tithe agreement'. sad (h) The written agreement is is elect at lie time of die 'hastily injury. "property age+'peisonal injury' or "advertising injury' for which coverage is saugk. That person or organization shall be referred to as the additional insured. The 1; no coverage for the additional insured for 'bodily injury, •property damage' or *personal and advedising iejrry• arising out althe We ee;Pgeaee of the additional ignored or by those acting at behalf of the additional Bred, except as provided below. lithe writers agreement to indemnity se additiond insured requires that you indemnify the additional insured for its sole sagligasae, thee the coverage for the adinional marred shall conform to that mecums* provided, however, that the coatraetoal iedeara{'uation language tithe agreement is valid under the law of the state where the agreement was formed. if the writhe *gamed provides that a partic1dar state's law will apply, twat, noel provide, will he honored B. Weber Of Sahrogdlea For any additional imputed that obtains tenured status on this policy through Paragraph A. above, we waive any right of recovery we may have again' the addltie.al homed became of payments we make for bodily Wert. 'property damage or'persowal tad advertising iajrrlt'to which thin immure applies. C. Excretion' This imaannoe does not apply toe 1. Aay premises or equipment leased to you. 2. Any canrsorudioa. renovation demolition or irstailatsw operations performed by or on behalf of you, or those operating on your behalf. D. Outer leaves The issuance provided by this endonemeat applies only to coverages and limbs of imam= required by written agreeaten, but is no event exceeds either the scope of coverage Or the limits of insurance available within this P31 i'his iasuraora shall be excess over any other insurance available to the additional lassoed, whether such immune is tie an excess. cOntingeet or primary halos, unless yea are obligated mtdar a writer• agreement to provide liability insolence for that additional insured on any other basis. In that may this palirywill apply solely on the bath required by such wines apcenmeat. To the eaten that the additional mitred has the right to pursue any other irearaaec carrier for coverage, iodating a defense, we shad share that right with the additional inured. tact 311th 09 Ill • Page 7 See red page Bent am3table Inge 1712010110977300079 B. Walser of 5ubregalios for any additional iatared that obtain insured stasis oa this policy though Paragraph A. above, we waive any right of recovery we may have against the adduiaral insured became of payments we make for 'bodily Mint % 'property damage' or 'persoeal and advediting injury* caused, in wbok; or in putt. by your maiatcnaacc, operalks or use of equipme t leased re you bysurk person or orgaaaalion, C. Other iusscunce This insurance shall be canna over any ether iawraoce available to the additional insured, whether such insurance is ea an tweak ooatisgert or Rimy ba uteri you arc obligated ander a written agreerrere to provide liability insurance fa that additional insured cm any other basis la that event, this policy will apply solely m the basis required by such writtea agreement. To dm extent that the additional insured has then right to pursue any other iiners n carrier for eaverage, including a ddease, we shall /bare chat right with this additional insured. Neat IS.KNOWLEDGE Of OCCURRENCE Subparagraphs 2a,, k and c. of Condition 2. Section IV - Commercial Oeaerat LiabilityConthtioos are anon wiled to add the iollowiad: As used MI this paragraph, the ward " you' reams to aa lezeasthe officer*, partner, member or load rcpr0olatiys„ and any other'empiayco' with insuance at risk manages at reapaasibiliitiea Neu IL. UNINTENTIONAL ERRORS AND cmasstore Paragraph t of Seatioe 1V - Commercial General liability Conditions is anterded to add the following Any aaateatianki error or oaia>ioa is the description GC or failure to campiotely describe, any p+emises or operatives Wended to be covcnd by this policy will sot invalidate or Out t coverage for those preasisaes or operating However, YOU mooseMOM suet error or tenindera to us as soca as pradicablc alter ila duheovt This provision does rot affect our right to collect additional premium or etacise oar risk of cancellation or sou renewal. Item 17.BODiLY INJURY IEDBr1NC17Ol'f The definition el "bodily injury" is Section V - Definitions scdina is replaced by the fallowing: "Bally injury' maws bodily injury, skims' or disease sastaiaed by a period. It includes death or rmeatal aguish. which m aces at any time Tram such physical haunt, pbysial sickness or physical dhaease. Mental sugtmh moans any type of mental et emotional Maces or distress. ketch 11. k01111.11 EQUIPMENT REDEFINITION Paragraphs 13.L(1) (n) (b) and (e) of Sedum Y V. Delaiioes do ant apply to self - propelled vehicles of less Ohba 1000 pounds gram abide weight. hear 19.SUPPLEMENTARY PAYMENTS Scciioa I - Coverages, Supplementary Payments - Coverages A and B, Items 1.b. and 14., respectively, are replaced with: LG 3180 0I 07 Page 9 See page Insured: Swam Commercial, Inc. / THIS ENDORSE ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1 DESIGNATED INSURED -This endorsement modifies insurance provided under the following: / BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect b coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This Provi- sion endorsement identifies person(s) or organization(s) who are insureds" under the Who Is An insured Provi_ of do Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Refer to Deaianated Insured Schedule. Name of Parsons) or Organtzation(s): (If no entry appears above, information required to complete this endorsement will be shown In the Deciarafions as applicable to the endorsement) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an Insured" under the Who is An Insured Provision contained in Section II of the Coverage Form. Policy No: ASJ-Z91-455287-020 Effective Date: 09/12/2010 Expiration Date: 09 /12/2011 Sales Office: 0949 CA 20480299 Issued By: Wausau Underwriters Insurance Company 4 Copyright, Insurance Services Office. Inc.. 1996 Page 1 of 1 Insured: Bsrcom Commsrcld. Inc. PoIIcy* T82914552E7030 Real SvaIIablehemp 211241161 9773p00411 TERIS F.NDOIRSEMRNT CHANGES TIIR POLICY. PLEASE RKAD rr CAREFULLY. Taxis Changes - Amendment of Cancellation Provisions or Coverage Change This aldocn &It swdiila insuranco provided areder ih followinv COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PRaTEC`rIVE IIARHJTY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODU OPERATIONS UABII IFY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In Ile avert ofcancellation or malarial chines that ruiner or ratrictrs the imunleon ifnded by Yl Caw: ip Part, we apron ro mart prior wino' notice of cancellation or Inalaial donne to Nana Addams Mtntme 1520 W CALTON Number of Dap Naves AEP 'y 30 LAREDO TX 78041 A P FROST PLAZA LTD 802 II CARANCAHUA 30 CORPUS CHRISTI TX 76470 AFRICAN ELECTRIC POWER (AEP) SERVICE CORPORATION 539 N CARANCAHUA ST 12 FL CORPUS CHRISTI TX 78401 30 Bait LTD PO BOX 9908 30 CORPUS CHRISTI TX 78469 BEEVILLE ISO +2400 N ST MARY'S 30 BEEVILLE TX 78102 BEST RETAIL SOLUTIONS INC PO BOX 94079 30 SOOTHLAXE TX 76092 BISHOP CONSOLIDATED I.S.D. 719 8 64 ST 30 BISHOP TX 78343 BOYS & GIRLS CLUB OP PUS COR CHRISTI INC 3902 GREENW00D - CORPUS CHRISTI TX 78413 30 BOYS & GIRLS CLUB OF BDINBURG 702 S 18 ST EDINBURG TX 78540 30 BROOWALE OPERATING SERVICES 1160 IRON POINT RD STE 300 POLSOII TX 95630 30 CBRE REAL ESTATE SERVICES INC ATT : BOA SUPPLIER CONTRACT AD 525 S TRYON ST CHARLOTTE NC 28255 30 O ISO Ptepeeti., Inc., 2003 Co020S12Oil 12-04 a..__ Pap I of 4 GRIFFIN PARTNERS ATTN: DENISE: LOPEZ JACD & MCC JOINT VENTURE LLP LAREDO INDEPENDENT SCHOOL DISTRICT LAVERNIA INDEPENDENT SCHOOL DISTRICT LINCOLN (HARRIS CS° LINCOLN PROPERTY COMPANY PALER INC ATTN: DAWN SCHSTZSLB NAVY ARMY FEDERAL, CREDIT UNION NA/ REOC PARTNERS &n An luWc 1 555 N CARANCAHUA STE 220 CORPUS CHRISTI TX 78478 5990 GREENWOOD PLZ BLVD STE 205 GREENWOD VILLAGE CO 80111 1702 HOUSTON ST LAREDO TX 78040 13600 US HWY 87 W LAVERNIA TX 78121 3301 5 ALAMEDA STE 303 CORPUS CHRISTI TX 78411 :?12M 111lDg173 r4 30 30 30 30 30 PO BOX 679 CORPUS CHRISTI TX 78403 PO BOX 81349 CORPUS CHRISTI TX 78468- 1349 30 30 NUECBS COUNTY HOSPITAL DISTRICT NUECES COUNTY OLD LIPAN LTD PHARR -SAN JUAN -ALAMO INDEPENDENT SCHOOL DISTRICT PHARR -SAN JUAN ALAMO INDEPENDENT SCHOOL. DISTRICT RAMALAIS I & E CONSTRUCTORS LTD ATTN: KATHY RICHARD RETAIL HANDYMAN RETAIL MAINTENANCE SPECIALISTS LLC 802 N CARANCAHUA 8510 30 CORPUS CHRISTI TX 78410 S55 N CARANCANDA STE 950 30 CORPUS CHRISTI TX 78478 901 LEOPARD ST 30 CORPUS CHRISTI TX 78402 615 5 UPPER BROADWAY 30 CORPUS CHRISTI TX 78401 601 B KELLEY 30 PHARR TX 78577 800 5 STEWARD RD 30 SAN JUAN TX 78589 PO 80X 10366 CORPUS CHR/STX TX 78460 30 SOUTHERN AMERICAN INSURANCE ATTN: AL MCCLURE TEXAS DEPT OF TRANSPORTATION CST — CONTRACT PROCESSING UNIT TEXAS GENERL LAND OFFICE AND TEXAS VETERANS LAND BOARD CONSTRUCTION SERVICES TEX -LAN COMPANY TRAVELERS PROPERTY CASUALTY ATTN: RICHARD SAUCER CITY OF CORPUS CHRISTI PO BOX 97977 CAROL STREAM IL 60188 30 1 MEMORIAL DR 30 WATEIVWN NJ 08758 9203 WILLOW PL S #500 30 HOUSTON TX 77070 200 E RIVER$Ifl DR 30 AUSTIN TX 78704 1700 N CONGRESS AVE 30 STE 700 AUSTIN TX 78701 2402 BROADMOOR 30 BLDG D -11 STE 101 BRYAN TX 77802 4650 WESTWAY PARK BLVD 30 HOUSTON TX 77041 PO BOX 9277 CORPUS CHRISTI TX 75469 - CG02051104 12.04 30 72ee 3 ot4 Insured: Bascom Commercial, Inc. Policy# ASJZ91 455287020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Liberty EXPRESS"' Auto Enhancement Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. Newly Acquired or Farmed Orpan6adent if. Employees s. Insured, Ili. Lessor - Additional Insured and Lon Payee IV. Supplementary Press!. - hi eased Limits V. Fellow Employee Coverage VI. Persaeud Property of Others VII. Addiduae Transpertadoe Expease and Cost to Reamer Stoles Ante VIIL Airbag Cote IX. Tapes, Records and Dives Coverage X Audio. Visual and Data Egaipment Coverage XL Physical Dewey Deductible - Slagle Deductible XIL Physical Damp Dedneti1h - Glass MIL Physical Domain in Deductible - Vehicle Tracking System XIV. Duties hi Event et Accident, Chiba, Snit or Lass XV. Uniatentlnad Failure to Disdain Bawds XVL Worldwide Liability Coverage - Hired aad Nanoweed Autos XVII. Hired Auto Pbyald Damns XVIII. Auto Medics/ Payments Coves 1.cie.ed L XIX. Drive Omer Car Coverage - taraadened Coverage far Ddpated Individuee XL Rent. Reb.neanat Coverage XXL Natke of Cantabiles or Neue+ennrd XXIL Lam/L , Payoff Coverage UM. limited Maim Coverage XXIV. Weber of Sabroptioe L NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout an u this policy. . the words you and yaps aka refer to any organisation you newly acquire ar form, otter �Y partnership or joint venture, and over which you maim' On ownership of more thin 50 percent inures. A. There is no similar insurance evadable to that organisation; B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization, or 2. The cud of the policy pad, whichever is earlier, and C The coverage does not apply to an "accideu' which occurred before you acquired or farmed the orgaairation, IL EMPLOYEES AS INSUREDS Paragraph A. L Who Is An Enured of SECTION II - LIABILITY COVERAGE is amended m add: AC 04 07 05 09 Copyright 2008 Liberty Mutual. AM rights resented Pege Ind copyrighted material d Insurance Services OMIce. Inc., with its permission. 1 of 11 riii""it covered "auto" is out of service because of its breakdown, repair. servicing, "loss" or desuuction. IV. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS Subparagraph A.2.a. (2) and A.2.a.(4) of SECTION 11- LIABILITY COVERAGE are deleted and replaced by the following: (2) Up to $3.000 for the cost of bail bonds (including bonds for related traffic law violations) required because of as "accident" we cover. We do not have to furnish these bonds. (4) MI reasonable expenses incurred by the "insured" at ow request, including the actual loss of earnings up to 5500 a day because of time off from work. V. FELLOW EMPLOYEE COVERAGE A. Exclusion 85. of SECI'ION II - LIABILITY COVERAGE is deleted and replaced with the following~ S. FELLOW EMPLOYEE "Bodily injury" to any fellow "employee" of an "insurer arising out of and in the course of the fellow "employee's" employment, except for any insured named in the Fellow Employee Schedule of Employees. However. no employee" is an "insured" for "bodily injuy" to a co- employee if such co- employee's exclusive remedy is provided under a workers compensation law or any similar law. B. For the purpose of Fellow Employee Coverage only, paragraph 8 .5. of BUSINESS AUTO CONDmONS is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. VL PERSONAL PROPERTY OF OTHERS Excursion 6. in SECTION B - LIABILITY COVERAGE fora covered "auto" is :unaided to add: This exclusion does not apply to "property damage" or "covered pollution cost or expense" orvolvbng "personal property" of your employees or others while such property is carried by the covered "auto ". The Limit of insurance for this coverage is 55,000 per accident. Payment under this coverage does not increase the Limit of Insurance. For the purpose of this section of this endorsement. "personal property" is defined as any properly that is not used in the individual's trade or bruises:; or held for the production or collection of income. VII. ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A. Paragraph AAau. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: The amour we will pay is increased to $SO per day and to a maximum limit of $11000 B. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: If your business is shown in the Declarations as something other than an auto dealership. we will also pay up to $1.000 for reasonable and necessary costs incurred by you to return a stolen covered auto from to place where it is recovered to its usual ganging location. VIII. AIRBAG COVERAGE Exclusion B.3.a. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add: AC 84 0706 08 Copyright 2008 Liberty Mutual. All tights reserved. Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is a tpnpped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle, XIV. DUTIES IN EVENT OF ACCIDENT. CLAIM, SUIT OR LOSS Subparagraphs A2.a. and Alb. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to: a. In the event of "accident", claim, "suit' or "loss ", your itcsuranee mrnagrr or any other person you designate must notify us as soon as reasonably possible of such "accident," claim. "suit" or "loss ". Such notice rate include (1) How, when and whine the "accident" or "loss" occurred: (I) The "in sured's" name and address: and (3) To the extent possible. the names and addresses of any injured persons and witnesses. Knowledge of an "accident," claim, "suit" orlon" by your agent, servant or "employee" shall not he considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "accident," claim. " suit" or "loss" from your agent, servant. or "employee." b. Additionally, you and any other involved "insured" must (1) Assume no obligation, make no payment or incur no expense without ow consent, except at the 'insured's" own cost. (2) Inunediatedy send us copies of any remelt demand, older, notice, summons of legal paper received concerning the claim or "suit" (3) Cooperate with us in the investigation or settkrrtcnt of the claim or defense against the "suit ". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination. at our expense, by physicians of our choice. as often as we reasonably XV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to disclose all exposures or hazards roosting as of the effective date of the Business Auto Coverage Fong or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you most report the undisclosed exposure or hazard to as as soon as reasonably possible after its discovery. XVI. WORLDWIDE LIABILITY COVERAGE - HIRED AND NONOWNED AUTOS Condition B.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to inhale the following: For "accidents" resulting from the use or operation of coveted "autos" you do not own, the coverage territory means all parts of the world subject to the following provisions: AC 84 07 OS Olt Copyright 2x08 Liberty Mutual. AN rights reserved. p Includes copyrighted materiel of Insurance Services Office, Inc., with Its perttllssion. off 11 XXL NOTICE OF CANCELLATION OR NONRENEWAL A. Paragraph A. 2. of the COMMON POLICY CONDITIONS is changed to: 2. We may cancel or non -renew this policy by mailing written notice of cancellation or non - renewal to the Named Insured. and to any name(s) and address {eel shown in the Cancellation and Noo- iertewal Schedule a. for reasons of non - payment, the greater of (1) IO days, or (2) the number of days specified in any other Cancellation Condition attached to this policy, or b. for reason other Than non - payment, the greater of (11 60 days, (2) the number of days shown in the Cancellation and Non - renewal Schedule. or (3) the number of days specified in any od erCancellation Condition attached to this policy, prior to the effective dare of the cancellation or Wort- rcnrwaL B. M1 other terms of Paragraph A.. of the COMMON POLICY CONDITIONS. and any amend remain in full force and effect. thereto, X.= LOAN/LEASE PAYOFF COVERAGE The following is added to Lehi of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE In the event of a "total loss" to a covered " auto" of the "private passenger type" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," Tess. 1. The amount paid tinder the PHYSICAL DAMAGE COVERAGE SECTION of the policy, and 2. Any: a. Overdue lease/loan payments at the time of the "lass:" b. Financial penalties imposed order a lease for excessive use. abnormal wear and tear or high mileage• , c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Healthy Accident or Disability Insurance purchased with the loan or lease: and e. Catty -over balances from previous loans or leases. This coverage is limited to a maximum of $ 1500 for each covered "auto". AC 8407 05 08 Copyright 2008 Liberty Mutual. Al rights reserved. Page Includes copyrighted material of Insurance Services Office, Inc., with its permission 9 of 11 Insured: Barcom Commercial, Inc. CHANGE IN CANCELLATION CONDITICN ENDORSEMENT (THIRD PARTIES) Any term or provision of the Cancellation Conditions of the policy or its endorsements to the contrary notwithstanding, if we cancel because you fail to pay any premium when due, we will mail or deliver to the parties named in the Schedule below not less than 10 days' advance written notice stating when the cancellation is to take effect. If we cancel for any other reason, we will mail or deliver to the parties named in the Schedule below not less than 30 days' advance written notice stating when the cancellation is to take effect, Mailing that notice to those patties at the mailing address shown in our records for each such party will be sufficient to prove notice. Any provision of this endorsement that conflicts with any law or regulation that controls the cancellation of the insurance in the policy Is changed by this statement to comply with that law or regulation. Schedule City of Corpus Christi Dept of Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 J This endorsement is executed by the wall eau Underwri ter insurance Company Premium $ Effective pate 9112110 Expiration Date 9/12/11 For attachment to Policy No, WCT -292-455287-010 WC 99 06 48 Page 1 of 1 Ed. 10118/2000 • r Countersigned by___.._._._,_ 18996 A °fixed Representative End, Serial No, 10 POLICY NUMBER CMP563934502 IL 12 01B 04 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, TEXAS POLICY CHANGES Effective Date of Change: 9/12!10 Change Endorsement No. Named Insured' Barcom Commercial, Inc. The following itarn(s): is (are) changed to read {tom Additional Page(o)): THIS ENDORSEMENT MODIFIES INSURANCE UNDER THE COIe1ERCIAL INLAND MARINE COVERAGE PART. THE R LI0WING IS ADDED TO THE CANCELLATION COMMON POLICY CONDITIONt IF EITHER WE OR THE NAMED INSURED CANCELS THIS POLICY, WE WILL MAIL OR DELIVER THE FOLLOWING ENTITIES WRITTEN NOTICE OF CANCELLATION 30 DAYS BEFORE THE EFFECTIVE DATE OF CANCELLATION. The above amendments result In a change in the premium as fofows: 11 NO CHANGES 11 TO BE ADJUSTED ADDITIONAL PREMIUM AT AUDIT RETURN PREIygum IL 12 00 04 03 (Authorized Agent) ©ISO Properties, Inc., 2002 Page 1 of 2 0 Original Insureds Name ■ Insureds • Address __— Policy Number ■ Company ~, Effective/Expiration Date 11 Insureds Legal Statue/Business of Insured x Additional Interested Pardes 11 Premium Determination LimitelExposures rms 111 Coverve Fo and Endorsements Covered Property!Location Description Deductibles Rates Classification/Class Codes is (are) changed to read {tom Additional Page(o)): THIS ENDORSEMENT MODIFIES INSURANCE UNDER THE COIe1ERCIAL INLAND MARINE COVERAGE PART. THE R LI0WING IS ADDED TO THE CANCELLATION COMMON POLICY CONDITIONt IF EITHER WE OR THE NAMED INSURED CANCELS THIS POLICY, WE WILL MAIL OR DELIVER THE FOLLOWING ENTITIES WRITTEN NOTICE OF CANCELLATION 30 DAYS BEFORE THE EFFECTIVE DATE OF CANCELLATION. The above amendments result In a change in the premium as fofows: 11 NO CHANGES 11 TO BE ADJUSTED ADDITIONAL PREMIUM AT AUDIT RETURN PREIygum IL 12 00 04 03 (Authorized Agent) ©ISO Properties, Inc., 2002 Page 1 of 2 0 Original POLJCY CHANGES ENDORSEMENT DESCRIPTION Barcom Commercial, Inc. 30 DAY NOTICE OF CANCELLATION FOR CERTIFICATE HOLDERS City of Corpus Christi Dept. of Engineering Services P.O. Box 9277 Corpus Christi, TX 78469 -9077 REMOVAL PERMIT If this policy Includes the Commercial Property Coverage Part, or the Capital Assets Program [Output Coverage PM with all property scheduled on the Scheduled Location Endorsement OP 14 01, the following p- plies with respect to that Coverage Part If Covered Property is removed to a new location that is described an this Poky Change, you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location well apply In the proportion that the value at each location bears to the value of an Covered Property being removed. This permit apples up to 10 days after the effective date of this Pobcy Change; after that, this insurance does not apply at the previous location. Page 2 of 2 ©ISO Properties, Inc., 2002 IL t2 i10 04 03 ❑ Original Insured: Barcom Commercial, Inc. POLICY NUMBER: CMP 5639395 02 COMMERCIAL INLAND MARINE IH99220403 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, LOSS PAYABLE This endorsement modifies insurance provided under the following: BUILDERS RISK COVERAGE FORM COMMERCIAL FINE ARTS COVERAGE FORM COMPUTER SYSTEMS COVERAGE FORM CONTRACTORS EQUIPMENT COVERAGE FORM DIFFERENCE IN CONDITIONS COVERAGE FORM FINE ARTS DEALERS AND GALLERIES COVERAGE FORM INSTALLATION COVERAGE FORM INSTALLMENT SALES AND LEASED PROPERTY COVERAGE FORM MACHINERY AND EQUIPMENT COVERAGE FORM MOTOR TRUCK CARGO OWNERS COVERAGE FORM RADIO AND TELEVISION TOWERS AND EQUIPMENT COVERAGE FORM SCIENTIFIC AND MEDICAL DIAGNOSTIC EQUIPMENT COVERAGE FORM SCHEDULE" Prem. No. Bldg. No. Description Of Property Loss Payable Project No. E0946 CCIA Rehabilitate Terminal Building FAA AIP No. 34$ -0051- 046.2010 CITY OF CORPUS CHRISTI DEPT. OF ENGINEERING SVCS ATTN: CONTRACT ADMINISTRATOR P 0 BOX 9277 CORPUS CHRISTI, TX 78469 -9277 'Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declara- tions. PROVISIONS For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest, we will: A. Adjust losses with you; and B. Pay any claim for loss or damage jointly to you and the Loss Payee, as interest may appear. iH 99 22 94 03 ® ISO Properties, Inc., 2003 Page 1 of 2 0 SCHEDULE* Pram. No. Bldg. No. Description Of Properly_ Loss Payable *information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declara- tions. III 99 22 04 03 ©ISO Properties, Inc., 2003 Page 2 of 2