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HomeMy WebLinkAboutC2011-385 - 8/23/2011 - Approved2011 -385 M2011 -171. 08/23/11 Barcom Commercial, Inc. S P E C I A L P R O V I S I U N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R Fire Station Warehouse Slab Replacement J.O.C. FOR Fire Department CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -3900 Fax: 361/887 -8053 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS. CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 'PROJECT NO: E11051 (Revised 6/27/99) Fire Station Warehouse Slab Replacement PROJECT No. 11051 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 fez- Government Entities PART A SPECIAL PROVISIONS A -1 Timc and Place of Receiving Proposals /Pre Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award /Explanation of Bid Items A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A 9 Acknowledgment of Addenda A -10 Wage Rates A -11 Cooperation with Public Agencies A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 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 Project 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 -Sales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A 27 Responsibility for Damage C1 n„ (NOT USED) A 28 Consideration's for Contract Award and Emeeetion A -29 Contractor's Field Administration Staff . A 30 Amended "Consideration of Contract" Requirements, " A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A.35 City Water Facilities Special Requirements {NOT USED) A -36 Other Submittals A 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 A 39 Certificate of Occupancy and Final Acceptance (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory A--42 OSHA Rules &Regulations A -43 Amended Indemnification & Hold Harmless (9/98)- A--44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings 11-47 Pre- Construction Exploratory Excavations (7/5/00) A -48 .Overhead Electrical Wires A- 49 Amended "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress A -51 Electronic Submittal of Bids A-52 Value Engineering A -53 Dust Control A-54 Dewatering and Disposal PART 8 - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS Section 021020 Section 021040 Section 030020 Section 032020 Section 038000 Site Clearing and Stripping (S -5) Site Grading Portland Cement Concrete Reinforcing Steel Concrete Structures PART T - EXHIBITS PART W - DRAWINGS NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Table of Contents Page 2 of 2 NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS NOTICE TO CONTRACTORS -- A INSURANCE REQUIREMENTS Revised September, 2000 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 Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5_ Products/ Completed Operations 6. Hazard 7. Contractual Insurance - 8. Broad Form Property Damage 9. Independent Contractors 10. 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 $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -tem environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED © NOT RE UIRED Q BUILDERS' RISK See Section B -6-I 1 and Supplemental Insurance Requirements • REQUIRED © NOT REQUIRED See Section B-6 -11 and Supplemental Insurance Requirements INSTALLATION FLOAI tlt • REQUIRED © NOT REQUIRED Page 1 of 2 OThe City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. OThe name of the project must be listed under "description of operations" on each certificate of insurance. OFor each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -1.1 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS -- B WORKER' S COMPENSATION INSURANCE. REQUIREMENTS Page 1of11; . 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 (T'WCC -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. e- project,,- Iciudes..the.time. -from- tine -begin ag..of w.ork- on oject-mitil 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 subsection_ s (h) and 0) 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 fiirnishing 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 (13) 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-eha :- +'7f r 9 O (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 (II) 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: (I) 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 -periood -shown- on-its cu ren - eettlftcat o verag anewcem'frcate -showhrg extension of coverage, if the coverage period shown on the certificate of coverage ends airing the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the . project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or a•plications of this rule that can be iven 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). (1) 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 -3759 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 shalt ubtain frmnmch persomproviding servicei a project, and provide to the . governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. .Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially effects the provision of coverage of any person providing services on the project. 11. 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 verfy coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 .011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work.an 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) note the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll.amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breackfrom the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS FIRE STATION WAREHOUSE SLAB REPLACEMENT PROJECT NO. 811051 SECTION A - SPECIAL PROVISIONS 1201 Lcopard Strcct, until 2100 Raw., Wcdncoday, NIA. Propooalo mailcd Qhould be addreaocd in thc following manncr: City of Corpuo Chrioti Qity Sccrctary'o Offices 1201 Lcopard Street Corpuo Christi, Tom= 78401 ATTN: BID PROPOSAL N/A begiza.ng at INSERT TIES HERE. The meeting will convcnc at thc Emg Ccrviccs Main Confcrcncc Reem, Third Floor, City Hall, 1201 Lcopard Strcct, Corpus Chrioti, TX. and will includc a diocuse4on of thc projcct cicmcnto. If requcotcd, a Aitc vioit will follow. 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 WAREHOUSE SLAB 'REPLACEMENT CONSISTS OF REPLACING THE CURRENT 3 3S INCH SLAB AND CONSTRUCTING A NEW 18 NCH THICR REINFORCED CONCRETE WITH DOUBLE MATT OF *5 REBARS. This will be done by sawcutting the existing concrete and removing it while excavating additional material to allow for the increased thickness. This will accommodate the weight of the emergency vehicles and will allow for maintenance and repairs. 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: Pr-epesa14- (A Caohicr'a Check, certified check, money order or bank draft from any State or National Bank will alto be acceptable. 2. Disclosure of Interests Statement. 3. Submittal of Materials Section A - 3P (Revised 12/15/04) Page 1 of 25 A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 60 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer ") to proceed. For each calendar day that. any'work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages.by their nature are not capable of precise proof.• The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' • compensation insurance coverage must not perform any work on the Project. 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 Paxcd Proposals accordance with Section B 2 of the Ccncral Provioiono. The Contractor oha11 acknowledge receipt of all addenda received in thc appropr'atc space provided in thc propooal. Failure to do ao will be interpreted as non rcccipt. £incc addenda an have oignificant impact on tho proposal, failure to acknowledge rcccipt, and a oubocqucnt interpretation of non rcccipt, could have an advcroc effect when determining the lowest responsible bidder. Section A - SP (Revised 12/15/04) Page 2 of 24 A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for building construction. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum fly 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 4ha11 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 hi-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 Suhnitted to the City Engineer bi- weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements cone ring the proper form and content of the payroll submittals.) One and One -half ( 134) times the specified burly 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. Choopexationuith Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating 'within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One -Call System 1- 800 - 245 -4545, the Lone Star Notification Company at 1 -800- 669 - 8344, and the Southwestern Bell Locate Croup at 1 -800- 828 -5127. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Manager A/E CONSUnT NT - ENS Et INE RI Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services ASP S B C City Street Div. for Traffic Signal /Fiber optic Locate Cablevision ACST (Fiber optic) EMC (Fiber Optic) choiceCcm (Fiber Optic) MPR10CK ( Fibber Optic) 361- 826 -3500 361 -826 -3550, 361- 991 -2226 880 -3540 882 -1911 857 -1881. 857 -1800 885 -6900 826 -1875 826 -3461 826 -1970 1- 877 - 373 -4058 (693-9444. after hours) 881 - 2511 (1- 800- 824- 4424,after fours) 826 -3594 (880 -3140 after hours) (880 -3140 after hours) (885 -6900 after hours) (880 -3140 after hours) 826 -1946 857 -5000 887 -9200. 813 -1124 881 -5767 512 -935 -0958 857 -1960 (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 24 Remain Fiber Optic (IAN} 972- 753 -4355 A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as- built drawings, base maps, utility records, etc. and from as much field work as normally deemed.necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain. the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not, limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment'Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job -- related materials. Such work must be completed without any Section A - SP (Revised 12/15/04) Page 4 of 24 increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be, free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and Other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office NOT USED. - field office at the conotructea site. The field office muct contain at leapt and heated and must bc €tarn shed with an inclined table that mcaaaurca at least 30" x 60" and two (2) chair's. The Contractor ohall move thc field office on thc oitc as required by thc City Engineer or hia rcprcrscntativc. The field office must bc furnished with a telephone (with 24 hour per day anowcring service). and FAX machine paid for by thc Contractor. There is no 'separate pay item for thc field office. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALBNAR 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. Section A - SP (Revised 12/15/04) Page 5 of 24 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission:. Revise and resubmit as required by the City Engineer, 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Project Layout and Control• The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this. nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. lf, 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. - grade to properly execute thc work, the Contractor shall obtain approval of the City or Conoulta xt P sj-ect. Enginccr prior -tom deviation. If, in thc opinion of thc City or Conouutamt Project Enginccr, the required deviation would ncccasitatc a rcvi °ion to thc drawingo, the Contractor chall provide supporting m Aurcmcnto ao required for the City or Consultant Project Enginccr to revise the drawings. Thc Contractor shall tic in or reference all valves and manholes, both Enginccr may require that the Contractor furnish a maximum -of two (2)- peroonncl for thc purpooc of aooioting the moaouring of thc completed work. The Contractor shall provide thc following certification for ee e tation and verification of compliance with the Contract Document°, plane and specifications. Caid compliance ccrtifieation ohall bc.provided and prepared by a Third tarty independent Registered rrofcaoional Land Curvcy (R.r.L.S.) liccnzcd in thc state of Tcxao retained and paid by the Contractor. The Third Marty R.I'.L.F. ohall be approved by thc City prior to any work. Any diacrcpancica °hall be noted by the Thhpd Party Surveyor and certify compliance to any regulatory permito. Following is thc minimum achcdulc of documentation required: Strecto Wa°tcwatcr: • All rim /invert cicvationo at manholeo; All intcroccting linen in manholco; Water: • All top of valvcn box; • Valvco vaults rim; Section A - SP (Revised 12/15/04) Page 6 of 24 Stormwatcr: All intersecting lines is manholes; one. 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 following drawings. construction begins thc Contractor. Thc thc City Engineer. furnish and install 1 Project signs as indi atcd on the (Attachment IV) The signs must bc installed before and will be maintained throughout the Project period by loctatiea of thc signs will bc determined in the field by A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10 /98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, association or joint venture as awarded a City contract. b. Subcontractor: Any named person, association, or joint venture as work, labor, services, supplies, combination of the foregoing under on a City contract. firm, partnership, corporation, herein provided which has been firm, partnership, corporation, herein identified as providing equipment, materials or any contract with a prime contractor 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 Section A - SP. (Revised 12/15/04) Page 7 of 24 own, operate and /or actively manage, and share in payments from an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority:. See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to. which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be. performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Section A - SP (Revised 12 /15/04) Page 8 of 24 Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited.• 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid.invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer, The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment .on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after thc building is completes, and Heady 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 Section A - SP (Revised 12/15/04) Page 9 of 24 reinsurers capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must. obtain reinsurance for any . liability in excess of $100,000 from a reinsurer that is certified by the United 'States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding. certificates. of authority on the date the bond was issued." A -25 Sales Tax Exemption (NOT USED) Section B 6 22, Tax Exemption rrovioion, io deleted is ito entirety and the €skewing aubatitutcd in lieu thereof. Contracto for improvcmcnto to real property awarded by thc City of Corpuo Chrioti do not qualify for.cxcmptiono of Sa-leo, Excioe, and Uoe Taxes unlace. Section 3.291 of Chapter 3, Tan Administration of Title 31, Public .Finance e thc Tcxao Administrative Code, or ouch other rules or regulations ao may be If the Contractor cicctn to operate aver a ocparatcd contraet, he ohall. 2. Identify in the appropriate opacc on the "Statement of Matcrialo and Other Chargers" in the propooal gem the coot of materialo physically incorporated into thc Project. 3. rrovidc resale certificates to oupplicra. propoaal.value of materials. If the Contractor does not elect to eperate under a ocparated-- eent-raet, he Cubcontractoro arc eligible for oalco: tax exemptiono if thc oubcontractor . o`1-so complies with thc above requirements. The Contractor muot iooue a resale ccrtifi ate to the subcontractor and the subcontractor, in turn, ioouco a rccalc certificate to his nupplicr. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with. Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: - Section A - SP (Revised 12/15/04) Page 10 of 24 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the city Engineer with a certificate -of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section $ -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 WorkerTs Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities; losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by.the negligence or other fault of the City, its .agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims NOT USED Parag aph (a) Ccncral Liability of scctien. B 6 11 of the Cenral Provisions io amcndcd to inelude:- Contractor muot provide Buildcr'n Risk or Inotailation Floater insurance eoverage for thc term of the Contract up to and including thc date the gloater of be an "2131 fliok" form.. Contractor muot pay all insurance covcragc, including any deductible.. The City must be named additional inured -0n any policies provr g ouch insurance covcragc. Section A .- SP (Revised 12/15/04) Page 11 of 24 tto obligatieec under the proposed eontract, then prior to- award, the City Engineer may require a biddcr to provide documentation concerning: and address of thc party holding the lien, thc amount of thc lien, thc any ouch lien -hao not bccn rcicaoed, thc biddcr ohall state why thc claim has not been paid;- and scrvicco or matcr'alo oupplicd which relate to any of its projects began and address of thc claimant, the amount of thc claim, the basis for tho e1,aim, and an explanation why thc financial otatement, prepared no later than ninety, (90) days prio -r to tho other authorized party, opccifying all current aoocto and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: • 1. The•Superintendent must have at least five (5) years recent experience in field management and oversight of -- projects, of a similar size and complexity to this Project. This experience trust include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The.superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) .years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engi.neer'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. . Section A - SP (Revised 12/15/04) Page 12 of 24 Z 30 Amended "Conoidcration of Contract" Rcquiromcnty Umde r "Cenral Provisions and Rcquircmento for Municipal Conotruction must 1. A lint of thc major componcnto -of thc work; 2. A list of thc p*educts to be incorpo*atcd into thc Project; oubmit to thc City mincer the following information: 3. A ochcdule of valueo which opccifico cotimatco of thc cost for -each major component of the work; 1. A ochcdulc of anticipated monthly paymcnto for thc rrojcct duration. Contract, along with a deocription of thc work and dollar amount for by fcdcral ZZ agoicico or oigned affidavito from thc MBE firma, that ouch will bc required if thc Contractor io an MBE. If thc rcopoiwco do net clearly chow that MBE participation will mcct thc rcquirctncnto above, Enginccr, that a good faith effort hao, rcquircmcnta but that mooting ouch rcquircmento io not reasonably pessible-. 6. A list of subcontractoro that will bc working on thc .rrojcct. in fact, been made to meet paid Thin lint may Contractor has not complctcd hio evaluation of which oubcontractor will perform thc work. will perform work on thc rrojcct. The Contractor ohall obtain written approval by -the City Enginccr of all of ito cubcontractoro prior to bcginning work on thc Project. If the City Engineer doer, not approve all propoocd oubcontractorn, it may rescind thc Contract award. In thc event that a subcontractor prcviouoly lintcd and approvcd io nought to be aubotitutcd for or replaced during thc tcrm of thc Contract, thcn the City Enginccx retain thc right to approvc any the Project. Such approval will not bc givcn if thc replaccmcnt of thc oubcontractor will rcoult in an incrcaac in thc Contract price. Failure of thc Contractor to comply with this. provioion conotitutco a baoio upon which to annul the Contract purouant to Section B 7 13; 7. A preliminary progrcon ochcdulc indicating rclationohipo bctwccrx the major cempemcnto of thc work. The final progrcoo ochcdulc muot be 8-. Becumcntation requircd purouant to thc Spccial E'roviaiono A 28 and A 29 concerning Cenoidcrati-ono for Contract Award and Execution and thc Contecter'o Ficld Adminiotration Staff. Section A - SP (Revised 12/15/04) Page 13.of 24 A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work 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 Sid Meeting referred to in Cpccial Provision A 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. Visitor /Contractor Orientation Contractor, hio oubcontractors, and each of their employees meat at a Vioitor /Contractor Cafcty Orientation rrogram conducted by the Section A - SP (Revised 12/15/04) Page 14 of 24 City Water Dcpartmcnt Pcroonncl. A Visitor /Contractor Safety Oricntation Program will bc offered by authorized City Watcr operated by an operator or othcr authorized maintcnancc cmploycc of the City Watcr Department. C. Protection of Water Quality all timcn. Thc Contractor shall protcct the quality of the watcr in the job oitc and ohall coordinate ito work with thc City Water D. Conformity with ANSI /NSF Standard 61 transportation, reinotallation, and inspection of pumpo, or any othcr itcma, which could comc into contact with potablc water, mutt conform to American National Ctandardo Inotitutc /National Sanitation Foundation (ANSI /NSF) Standard 61 ao dcocribcd in the Standard Spccifi ationo. muot not be wed unleso they conform with ANSI /NC•P Standard 61 and unneoo ouch itomn are inopcctcd on thc site by authorized City peroonncl immediately prior to uac. Thc Contractor ohall providc thc Engineer with copica of written could comc into contact with potablc watcr. All trach generated by the Contractor or his employees, agento, or oubcontractors, must bc contained at all times at thc water facility site. Blowing 'trash will not be allowed. Thc Contractor shall kccp work aroaa cl an at all timco and remove all traoh daily. F. Contractor's peroonncl muot wear ce4 e cd uaiforu ovcrallo other , bluc, or white. Each cmploycc uniform muot provide C. Contractor shall providc telephones for Contractor peroonnel. Plant tclephonca arc not available for Contractor use: H. Working hours will bc 7:00 A.M. to 5:00 P.M., Monday thru Friday. Section A - SP (Revised 12/15/04) Page 15 of 24 T. Contractor must not uac any City facility re.trooma. Contractor deaignatcd by City Watcr Dcpartmcnt staff. All Contractor vehicles vehicles are allowed at O. N. Stevens Watcr Treatment Plant. All personnel must bc in company vehicica. During working hours, K. Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACQUICITION): bc performcd only by qualificd technical and auperviaory:peraonnel, changers, selections, furnishing, installing, connccting, operation all hardwarc and /or aoftwarc apccificd or required by thcac apccificationa. - work must be able to demonstrate thc following: 1. Hc is regularly cngagcd in thc computer baacd monitoring and control,oyatcm business, preferably as applied to thc municipal watcr and wastewater induotry:. 2. He ham performcd work on systems of comparable size, type, and complexity as required in this Contract on at lcaat three prior projccta. hcrcin for at 1 act 5 yearn. A. Hc employs a Rcgiatercd Profcacional Engineer,. a Control perform the work requircd by thin apccifi ationa. completed a manufacturcrLs training courac in configuring and implementing thc apccific computers, RTUS'a, and aoftwarc proposed for the Contract.. 6. Hc maintains a permanent, fully staffed and equipped acrvicc facility within 400 miles of the Projcct site to maintain, repair, calibrate, and program the syetemo apccificd hcrcin. 7. He shall furuiah cquipmcnt which is thc product of one product of one manufacturer. 8. Prior performance at thc O. N. Stevens Water .Tr atmcnt slant will bc uocd in cvaluating which Contractor or 9. The Contractor shall produce all fillcd out programming blocks. rcquired to show the programming as needed and required, te—add thcac two systems to the existing. City CCADA system. Attachcd is an examplc of thc required programming blocks which thc City requires to'bc .filled in Section A - SP (Revised 12/15/04) Page 16 of 24 thc programming phone. The attached ohcct io an example and io not intended to ohow all of thc required ohccto. Tho Contractor will provide all programming block° u°cd. L. Trenching Rcquircmcnto ohall 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: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproduciblco: In addition to the required copico, thc Contras -to shall also aubm t one (1) reproducible tranoparenav for all chop 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. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to . subcontractors and suppliers and instruct Section A - SP (Revised 12/15/04) Page 17 of 24 subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2 Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by.the City" NOT USED Under "Cenral Provioiona and Requiremento for Municipal Conotruction Contracts ", 'B. "The Contractor moot comply with the City of Corpuo Chrioti'o Water Conocrvation and ]Drought Contingency Plan an amended (the "Plan "). Th.io includes implementing water conocrvation moaourcn cotsbliobod for changing conditions. The City Engineer will provide a. copy of the Plan to Contracter at the prc conotruction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction.'L A -38 Worker's Compensation Coverage for Building or Construction Projects for. Government Entities The requirements of "Notice to Contractors 13'n are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance NOT USED The ioouancc of a certificate of occupancy for improvcmcnto doco not constitute final acceptance of the improvement° under Ccncral Provioion B 8 A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section .3 -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory NOT. USED • 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. Section' A - 9P (Revised 12/15/04) Page 18 of 24 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" S -5 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b). Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. Section A - SP (Revised 12/15/04) Page 19 of 24 A -46 Disposal of. Highly Chlorinated water (7/5/00) NOT DEED to comply with the requirements of all regulatory agencies in the disposal of for disposal of contaminated water. A -47 Pre - Construction Exploratory Excavations (7/5/00) NOT USED Prior to any eonatructiea whatever on thc- prole-et, Cei tractor shall excavate pipeline. For existing pipelines which parallel and are within tea feet (10') of proposed pipelines of the proj-eet, Ce3 tracter shall excavate and expose said the accurate horizontal and vertical locations of said parallel pipelines at 300 feet maximum O.C. Contractor, shall then prepare a report and submit it to the City er approval approximate station thereof, distance to the elevations of thc top of existing pipelines. pavement Contractor °hall perform no construction work on the centerline and project until all reported to the Engineer and until Contractor rcccivco Eaginccr'a approval of report. Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair associated with exploratory excavations shall be paid fer aeeerding to the established until price of pavement patching. Contractor shall provide all his own survey work effort (no separate . pay) for cxplerateAy e*eavations. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP &L and inform CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. Section A - SP (Revised 12/15/04) Page. 20 of 24 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." A -51 Electronic Submittal of Bids Thc following paragraph modifico iragraph B 2 7 Preparation of Proposal, of thc Cenral Provisions: The b4ddcr has the option of submitting a computer gcncratcd print out, in lieu of, the Proposal (CIIEETS: 1 THRU 13 or 13), INCLUSIVE. Thc print out will list -all bid itcmo {including any additivc or deductive alt-ernatco) proposal acs Attachment 1. , 2, 11, 12,. and 13. A•`oamplc" print out io shown in In addition, thc print out will contain thc following - statcmcnt and aignaturc, after thc last bid item: (Contractor) herewith certifies that the unit pricco shown on thin print out for bid items (including any additivc or deductive altcrxatcs4 cent-ai .ed in -t3 s proposal arc the unit prices and no other Information from this print out. (Contractor) acknowledges and agrcco that thc Total Bid Amount shown will be road. as Its 'Petal B4d and further agrcco that the official Total I3id amount will be determined by multiplying thc unit bid pricc (Column IV) shown in this print out by thc respective estimated quantities shown in thc Proposal (Cignaturc) (Titic) (Date)" Section A - SP (Revised 12/15/04) Page 21 of 24 A -52 Value Engineering 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 ()ECP'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 B -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 niaterials in piles or in transit shall be covered to prevent blowing dust. 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 Section A - SP (Revieed.12 /15/04) Page 22 of 24 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/],5/04) Page 23 of 24 SUBMITTAL TRANSMITTAL FORM PROJECT: FIRE STATION WAREHOUSE SLAB REPLACEMENT; PROJECT No. E11051 OWNER: CITY OF CORPUS CHRISTI ENGINEER: HARISH N. SHAFT, P . E . , M. ASCE CONTRACTOR: "SARCOM COMMERCIAL SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL section A - SP (Revised 12 /15/04) Page 24 of 24 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 23RD day of AUGUST, 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 $74,833.14 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: FIRE STATION WAREHOUSE SLAB REPLACEMENT JOB ORDER CONTRACT -. PROJECT NO. E11051 (TOTAL AMOUNT: $74,833.14) 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 60 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 APPROVED AS T e EGAL FORM: By: /\,. Asst. City Attorney ATTEST: (If Corporation) (Note: if Person signing for corporation is not President, attach copy of authorization to sign) to i (--1`7 L AUTHORIZU 52-3!'(. Irt COUNCIL _0 0 SEC erARy j M. CITY OF C RP US CH ; 1ST i� By: Juan Perales, Jr. .E. Assistant City Manager Public Works, Utilities, and Transportation By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Barcom Commercial, Inc. I By: i //f� � iin /. ='3 14 :7- rS! .-cf. :i"0. Title: P' i der; 1 5826 Bear Lane (Address) Corpus Christi, TX 78405 (City) (State)(ZIP) 361/851-1000 * 3611851- 17.17. (Phone) . (Fax) Page 3 of 3 Rev- Jun--2010 BARCOM COMMERCIAL, Inc. • GENERAL CONTRACTOR Proposal May 16, 2011 Proposal # 15811 TO: City of Corpus Christi -- .Engineering Department Attn: Gracie Mesa 1201 Leopard St Corpus Christi, TX 78401 E -Mail: PROJECT: Fire Maint. Slab We propose to furnish labor and material to perform the following: Price to include: concrete slab repairs as shown on the drawings Price to exclude Expansion joints, testing of soils, concrete compressions or compaction testing, landscape work, concrete work other than what is specified on drawings, any driveway work, any work to fix any damaged area on existing driveway, any work not specified on the drawings Note: Please allow 60 days to complete the above scope of work. TOTAL AMOUNT OF PROPOSAL: $74,833.14 Seventy Four Thousand, eight hundred thirty three and 14/100 Respectfully submitted, BARCOM COMMERCIAL, INC. Maori Justin McComb 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 www.barcom.cc CM E C- Cr 0 W "g c as c E w oci'101 2 To o 0 Q3 a= co ▪ c 0 pL, 0 mr 0 c m 0 at :tui ▪ 1 1 1 ;74WR c E 0 PrlcedlNon- Priced e- ci co c 0 I0 TicailEIEM c as • - psj -R 0 w DIE ,t1 e.ik 12p•ci- to kco 3••••• CO OP 0 CP 14=P CPCPCIC Grand Total lire maint. slab -15811 Printed 24 MAY 2011 10:32AM s11 as a. i Q, ! a_ .Y 0 I Ud a ICI • cp La 64. 0 or ui � oe cii go ui x-- .'L..: 0 ' 0 C 0 .0 + 69 ea •t a. • 6FS 0 0 a oi C S op 0 o I Eui q q a co ea la t h1 IA, fA 0 o 0 0 • In • 1 ir3 ` 1 to 0 0 8 0 N 7 a CNC a a oo as o a r .. 0 m 2 o Q 5 c c m 0 0. 0 0 m Yy {iQ O 1., Q- ua G. c 0 3 frm Q1 44- 33.20- 1860.4 ui 01- 54- 33.20- 48934 0 0 co' 0 kr E j 0 E a crj• E O 08 0 0 0 m -0 .0 0 m 1) 10 g N 0 0 co .8. 0 .se 0 0 4 E _b- tu OS iii 0 0 C+i 0 0 P 4 ui 0 6 01 -54 -36-60 -1150 0 0 co N . 01 - General Requirements Total a 0 0 Cp m N N 0 0 co a 0 G. -▪ a 0 @ 0 • a - 'a E. 0 a � Qc• 4 a a0 F, to x g CO C9 iV 0 02 - Existing Conditions Total a. a. 0 0 0 m Expansion joints, premoided, bituminous fiber, 112" x 6" 0 4 0 0 0 Si 0 u ..f Expansion joints, premoided, bituminous fiber, 1" x 12' 03- 15-05 -25 -2050 G o A vs- Ee fze d9 0 '0 a 0 a 0 0 0 0 0 0 0 0 0 ui J 7 84 Q) • a'a c, C'D d a - Q It *a of O 4 tor = 0 10 03- 21.05.10 -3900 11 03- 21- 10-60.0602 in ri Lo 0 0 a 0 0 0 0 u 10 a 0 0 fl co a a a 8 0 0 3 _ 4:11• fl O m C 0 ct- is 12 03- 2140.60- 0602-2000 0 0 0 0 0 0) fire maint. stab - 15911 O 0) Printed 24 MAY 2011 10;32AM a D. I 0 •a CV v '9. L7 0 N I a- m O 0 0o Ea R_i rc't at a 0 • ! • uu, c '3 CD 0 11 2 S' >: u.: r-4 al as` m M w CS 0 sh 0 W of .n 0 ca E m� 0 c 0 0 C w o 3 0 o � a`ne 0 = , s 2 Y 0 0 s E 8 m at • ra 0 a2 °s m °..g 0 x �' �� E g v 0 b _ c • o c ta EQ gas ° v3 m CL,0C 8o . Tti • % �6� tlJ �j G 8 as ° o°. • •m • � 0.0 E o .. c Ts 11. al 6 ▪ E 6-2a a vi o _ _ _ e _..a�. - _�..___AO -__d- aa E • a• �i nt °6 u°si 8� - E° Ci e� 1111 " i �8 u8 0 c eel a Ba 14 03-21-10-60-2610 03 -31 -05- 35.0200 CO 03-35-29-30-0150 18 03.39.23.13.0300 19 03-82-16-10-0400 20 03.82.16- b M 03 - Concrete Total Oa- ur • ct 0 0 N A co 0 0 69 o • to a g c 0 O N cia 10 04 - Masonry Total n. a a � 0 1!!to � ui {ice .. . re- 1 cc3 0 C •$ i t • 0 0 N R n 03 07.26 -10 -10 -1200 07 - Thermal!and Moisture Protection Total Q 0 ER co a O 0 id co C N L0 4 us in H 0 0 ti Y a 'a a� E. 0 go CL y fi a_ m 0. • .ate g vein 0 �' ,'gyp ' t E>' � � C7 •f . EU zs giv 0 et E Q- c. rt o Vie^ Azt !La E 24 31- 23- 1842 -1550 31 -23 -23-20 -1310 fire maint slab -15811 § - w § 2 26 31- 23- 23204312 co # Estimate Grand Total Printed 24 MAY 2011 10:32AM PERFORMANCE BOND STATE OF TEXAS COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. 105647317 That Barcom Commercial, Inc. of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ( "Principal "), and Travelers Casualty and Surety Company of America , a solvent company duly authorized under the Saws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of SEVENTY -FOUR THOUSAND, EIGHT HUNDRED THIRTY -THREE AND 141100 U.S. Dollars ($74,833.14 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs; executors, administrators, successors and assigns, jointly and severally, finely by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 23RD of AUGUST , 2011, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: FIRE STATION WAREHOUSE SLAB REPLACEMENT JOB ORDER CONTRACT - PROJECT NO. E11051 (TOTAL AMOUNT: $74,833.14) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, 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(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 15th day of September 20 11 . PRINCIPAL SURETY Barcom Commercial, Inc. Travelers Casualty and Surety Company of America `)r Attomey -in -fact C.A. McClure Title:Ye� ATTEST: Secretary Address: 5826 Bear Lane Address: 4650 Westway Park Blvd. Corpus Christi, TX 78405 Houston, TX 77041 (Rev. Date May 2011) Telephone: 281 - 890 -9294 Fax: 281 - 890 -2229 E .Mail: alm @southernamericanins.com Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch & Associates Address: 1718 Santa Fe St. (Physical Street Address) Corpus Christi, TX 78404 (City) (State) (Zip) Telephone: 361- 883 -3803 E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 TRAVELERS) —� Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 215018 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 03853586 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance. Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint C. A. McClure, Kelly J. Brooks, Kenneth L. Meyer, and Michelle Ulery of the City of Houston , State of Texas , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS HEREOF, the Companies aave.caused this instrument to be signed and their corporate seals to be hereto affixed, this 23rd day of State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty 'Insurance Company. ". Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: 23rd August 2010 , before me personally appeared George W. Thompson, who acknowledged On this the day of P Y pPe � p g himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. –1 58440 -4 -09 Printed in U.S.A. 0111�t�► e . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc_, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vtce Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America; and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force arid' effect and has not been revoked. 15th September 11 IN TESTIMONY WHEREOF, I have hereunto set my hand and Allred the seals of said Companies this day of 20 _. Kori M. khans Assistant Secretary To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at; Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675 -3000 (267) 675 -3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. PAYMENT BOND STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. 105647317 That Barcom Commercial. Inc. of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ( "Principal "), and Travelers Casualty and Surety Company of America a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of SEVENTY -FOUR THOUSAND, EIGHT HUNDRED THIRTY -THREE AND 141100 U.S. Dollars ($74,833.14 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 23RD day of AUGUST, 2011 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: FIRE STATION WAREHOUSE SLAB REPLACEMENT JOB ORDER CONTRACT - PROJECT NO. E11051 (TOTAL AMOUNT: $74,833.14) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect._ Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 15th day of September 20 11. PRINCIPAL SURETY Barcom Commercial, Inc. Title:. Pfc 5 ATTEST: Secretary Address:. 5826 Bear Lane Corpus Christ, TX 78405 (Rev. bate May 2011) Travelers Casualty and Surety Company of America By. Attorney -in -fact C.A. McClure Address: 4650 Westway Park Blvd. Houston, TX 77041 Telephone: 281- 890 -9294 Fax: 281-890 -2229 E -Mail: alm @southernamericanins.com Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch & Associates Address: 1718 Santa Fe St. (Physical Street Address) Corpus Christi, TX 78404 (city) (State) (Zip) Telephone: 361 -883 -3803 E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No.: Various Projects 20111 Surety Company: Travelers Casualty & Surety Company of America Ladies /Gentlemen: I, Richard W. Sauer, Account Executive, Officer, hereby certify that the facsimile power of attorney submitted by C. A McClure of Southern American Insurance Agency, Inc. for Barcom Commercial, Inc., a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this 12th day of March, 2010. Name: Richard Title: Account Executive, Officer Sworn and subscribed to before me on this 2010. (Revised 2/10) f6- day of )9211/2c Notary Public State of /c74-4 S My Commission Expires: c /8/ La' TRAVELERS) Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 215018 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 3 8 5 3 5 8` KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint C. A. McClure, Kelly J. Brooks, Kenneth L. Meyer, and Michelle Ulery of the City of Houston State of Texas , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds,.recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their.business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or. proceedings allowed by law, IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 23rd day of August . 2010 Farmington Casualty Company' Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. By: ce President On this the 23rd day of August 2010 before me personally appeared p y ppeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011: 58440 -4 -09 Printed in U.S.A. `(can► C . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice. President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and • Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelitrand Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force-and effect and has not been revoked. 15th September 11 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of , 20 — �,�; �apenttare =w To verify the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www.traveiersbond_com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers''`' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675 -3000 (267) 675 -3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. SUPPLIER NUMBER 1Y3BE ASSIGNED .Willa PLIRCHASINGDXVTSION City us ti CITY OF CORPUS CIRISTI DISCLOSURE OF INTEREST City of . le s Christi Ordinance 17112, es amended, .tequires.all persons or firms to do business with the �' to provide the following information. Every question must be answered. the question is not i; . �:le, answer with "NA ", :See reverse side for Filing Requirements, Certifications and dens. COMPANY NAME: P. O. BOX: Barcom Commercial, Inc. STREET.ABMRESS 5826 Bear Lane CITY: Corpus Christi ZIP: 78405 - FIRM IS: 1. Corporation Li 2. Parmersbip 3. Sole Owner 0 4. Association DISCLOSURE QUESTIONS If space is n , p1 use the reverse side of this : or attach separate slier 1. State the names of each " of the of Coipus having an "ownership interest" conttituting 3% or more of the ownership in the ve named "firm." Name n/a Job Title and City Department (if known) 2. State the names of each "official" of the City, of Corpus Christi having an "ownership interest" constituting 3% a more of the ownership in the above named "film" Name Tila Title 3. State the names of each "board member" of the City of � having an `ownership interest" constituting 3% or more of the ownership in the above named nla Board, Commission or Committee 4. - Rue the-names of-each emp1 o#fioer of a Coonsultant" for the City- off- Corpus -Christie -who worked on anny natter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ovinership in fbe above named "firm." Name nla Consultant FILM. U RZMENTS Ile person who requests official action on a matter ows that the nested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thenot you shell disclose that fact in a.signed writing to the City official, employee att or body that has been requested to act in the room, unless the interest of the City official or employee in the matter is . p The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordaiaance Section 2-349 (d)) CERTIFICATION I certify that all information provided is true and comet as of the date of this statement, that I have not kno ly ' withheld disclosure of any information requested, and that supplemental statements will be prom . submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Elaine R. Hoffman Title: DEFINITIONS President 12/07/09 a. "Board member." A member of any board commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. `Economic benefit", An action that is likely to affect an economic interest if it is likely to have an 05ect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee," Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d `Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed limn, partnership, corporation, joint stock company, joint venture receivership or truce and entities which for purposes of taxation are treated as non-profit organizations. "Official." T h e M a y o r , . m e m b e r s of. the_City_..._Council,_..City Manager,__Deputy- -City -- Manager,_._.._ Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. E "Ownership Interest" Legal . or equitable interest, whether actually or constructively held, in a firm, including when such .interest is held through an agent, 'trust, estate, or bolding entity. "Constructively held" refers to holdings or control established through voting tmsts, proxies, or special terms of venture or partnership agreements." g. "Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. BARCOCI :::: OP ID T)RE. CERTIFICATE OF LIABILITY INSURANCE; "�(NI"'°°'�y""I 09roaf11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE.AFFORDEED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE: DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(Sj,: AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CER11FICATE.HOLDER. IMPORTANT. If the ceitfficaie holder is an-ADDITIONAL INSUURED, the poll r(iesl must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy ::certain policies may require an endorsement. A sbtelrtent on t010::certificate does not confer rights to the certificate ; holder in llerr of :with erldprsement(s):_ PRODUCER Swantner & Gordon Ins Agcy=CC A III glnbotham Company PO Box 870, Corpus:Chdsti, Tx 78403.0870 Sieve Addkison INSURED Barcom Cvriinlercia1, Inc. 5826 Bear::t 000:, Corpus Chrlata, TX118405 361 -883- 1711 361 - 844 -0101 c EcT IrA/CO: No. Exf; 301-883 - 171.1'.. A6 FEESS... arc. No : 361444:-0101 'INSURE S} AFFORDING COVERAGE uRERA;Valley Forge;insurance Co " INSURER :6 • Nat1"pnaI 1 n'CO Hanford 205011 ::.. INSURE :CO11B /rce.and Industry Ins Co INSURER I;I :Republic UIfderwritern Ins CO 20470 1941:0': INSURER E':. 24538 ,.... , ::. ...:. - ::INSURER -F f :, COVERAGES CERTIFICATE N U MBER REVISION-NUMBER: THIS IS TO CERTIFY TH&T THE POLICIES OF iNSU,RANCF LISTS il3LOW.HAVE BEEN ' ISSUED TO THE, INSURED' NAMED, ABOVE FOR TtlE'POLICY PERIOD INDICATED I+ I,OTWITHSTANDING,ANY REOUIRF +TENT, TERM •OR GONDITiON OF ANY CONTRACT 4R OTHER .pOCL(MENT W TH RESPECT TO WHICH THIS: CERTIFICATE MAY BE ISSUED OR MAY=1 ERTAIN 'THE INSURANCE AFFORDED BY THE POLICIES DFSCRIBED':I EREIN. IS SUBJECT TO ALL THE TERMS; EXCLUSIONS AND CONDITIONS OF'SUCH POLICIES. :LIMITSSHOWM MAY HAVE BEEN REDUCED 81' PAIDCLAIMSi.. INS R AGGI.(SIIBR: LTR. TYPEO>'INSURANC£ _ ...... .UMBER' POUCTEFF- POLIGYEXP, .'. GENERAL'LUABIJTY ": COMMERCIAL GENERAL LIABILITY` CLAIMS.MADE 11 occu.R GEN'L AGGREGATE LIMIT APPLIES PER POLICY { R (PRA [1 LQC 4034064756 09113!11 09/12112 EACH QCCURRENCE f,1A.MA E:TORENTED. . REMISES aaca mence . MED EXP IAnS One ).•• . LIM S $ too ,000 ,000 ,PERSONAL. &ADV itutiaY GENERAL AGGREGATE AU.TOMOeILE.LIARESil : A ANY AUTO ! OkS+1fNE4 AUTOSEILED:: tE1REp.+4fliOS NON•0WNEEI RUTOS UMBRFII A:LIAe' EXCESS LIAR DED 4034064790'. 091'1213.7: 03112/12 PRODUCTS - COMP/OP AGG'r $ COMBINED SINGLELIMIT. aaident QD1LY INJURY Wee Peran) SY.INJURY. (Per accidentl. 5 :5 5,000 1,400,800 2,000,0110 2;000,000 s ;000,01 PROPERTYDAMAGE ,JPeraccident). OCCUR CLAIMS.MAOE X RETENTIONS ,10,000 WORKERS COMPENSATION' AND::£MPLOYE-RS° LWEIU1Y AF IY PROPRIET0RIPARTN£RJ?,ECIth :CEFICERMEMBER EXCLUDED'' IMa cshlry In NH1 6S descibe under: RIPTIONOFOPERATIONS-Maw NIA EACR OCCURRENCE,'. AGGREGATE �y1 000.001 15;000,000 WC TORY LISTATU " MITS E:L. EACH ACCIDENT El. DISEASE EA FOP .0 .5 S El- DISEASE: POLICYLIMIT $ Location Occurrenc DESCRIPTION OP OPERATIONSS 1 LOCATFDNS 1 VEHICLES (`Attach ACOROB-101,AddWonil; Rem' rim $chodu1 3 11 mo15'5125c5 :15 matilrod, Project City of Corpus Christi Job Order Contracts RFP 2009.04 The Work Comp, General Liability, Auto .& Builders Risk policies :include an endorsement; roviding th 3, days notice of=cancelon will be, turn steed to the Certificate Hofer except 10 day for non-pay. See See attached addendum'for additional policy provisions. CERTIFICATE HOLDER City of Corpus Christi' Department of Engineering Svcs Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469- 9277: ACORD: 2S (20.10105); CICc -05 The ACORD rlarrie an CANCELLATION':: 1.000,000. 1 ,000,000 1,00 ,000 5,000,000 10.000,000 SHOULD ANY OP T'IHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE. THE EXPIRATION GATE THEREOF, .NOTICE WILL BE ;DELIVERED IE~C. ACCORDANCE WITH THE POLICY PROVISIONS: AUTHORIZED REPRESE? nowe 04988-2010 ACORII CORPORA-110N. All rights reserved.: logo are registered ruarks,ofACORD NOTEPAD issuems Barco Commercial, l ac. BARCOC1 PAGE 2 OP ID<TERE' . .DATE 0910 911 W.alysrotSubrogatiOS 14Y Wrilten insure¢ cot c . ri avorof .. / Gen aaf Libli Haider E 1065211009) o (CA2D89 06104)'p�cio 3 4A 4100 , ; f Acfditiohallnsured: ncludintiCogin tete Qperationsas-requireclby rriiten Ensured contract favor or erirf�rcate olds ap licable to General, Liabttrty (G14033ic 10110): 8c Auta (CA0403 06/04. jpolIcies',: Generat.Liabiliiy policy is Primary.w th respects to cork performed by Contractor for wner (G140331C 10110).: • Umbrella Liability fotiowe forrri of tare Underlying policies. Prt fessionai Liabihty palit info!: .Columbia' Casualy,"P''oli CZB288290539,11114/10 -11 .$1 )00,000 Each Maim 1044;000 .Aggregate.: . Employee `haft policy Witt Travelers Casualty & Surety Coinpany-of America, Policy 105677128,'911 V111 -12, 81,000 ;000: Per Occurrence. Lirnit Builders Risk policy includes Windstorm coverage. NOTEPAD: . HO(Eeane CIcCC ... txsU 1Ys NAME Samoa' C©rmmercial,;inc. BARCDC7 'y OP la TERE Loss. Payable - Clause in favor of City of'Conaus Christi as their interest may appear with respects to the Builders Risk policy,