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HomeMy WebLinkAboutC2011-483 - 10/18/2011 - Approved1 2011 -483 10/18/11 M2011 -232 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 F O R B O N D S YORKTOWN BLVD.- STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) PREPARED BY: Freese and Nichols, Inc. 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, Texas 78401 Phone: 361/561 -6500 Fax: 361/561-6501 FOR: DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 AWING NO: STR 852 --'EOFZI1i4 Psee90sDeem 0 I. s* ®m 1, B0'°, * . /\ ® *#I 0 tma°aeeemeemeeseeeeee®emeeem f DENNIS L. MILLER i 1 eveeemeemeeemeeeeeeeer / Op". 51503 ® ; e 4,r e %' .....Q),/....... e G (...••••pl Wok S -10 -?.alt FREESE AND NICHOLS, IN TEXAS REGISTERED ENGINEERING FIRM F -2144 C. (Revised 7/5/00) YORKTOWN BLVD. - STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) PROJECT NO.E11029 Table of Contents NOTICE'TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS -A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS -B (Revised August 2008) Worker's Compensation Insurance Requirements PART A - SPECIAL PROVISIONS (CITY) A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7 /5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A-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 Ficld Officc (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A -21 Project Signs A -22 Minority /Minority - _- (NOT USED) A -24 Surety Bonds 'A 25 Salca Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements. {NOT USED). A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended "Policy on Extra Work and Change Orders" A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents Business Enterprise Participation Policy (Revised 10/98) et - - - - '- (NOT USED) A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" TABLE OF CONTENTS PAGE 1 OF 4 A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A39- Ccrtificatc of Occupancy and Final Acccptancc (NOT USED) A-40 Amendment to Section B -8 -6: "Partial Estimates" A 41 Ozone Advisory (NOT USED) A -42 OSHA Rules and Regulations A -43 Amended "Indemnification and Hold Harmless" (9/98) A- 44 Change Orders (4/26/99). A -45 As -Built Dimensions and Drawings (7/5/00) o _ - (NOT USED) A 17 Frc Con3truction Exploratory Exc4a.vation3_ (7/5/0.0) (NOT USED) A -48 Overhead Electrical Wires (7/5/00) A -49 Amended "Maintenance Guaranty" (8 /24/00) A -50 Amended "Prosecution. and Progress" A S1 Dcwatcring and Di3po3al of Cround Watcr (NOT USED) A -52 Storm Water Pollution Prevention Plan A 53 Vidco Documcntat(NOT.USED)_ A -54 Electronic Proposal Form Submittal Transmittal Form Attachment I - Bond 2008 Project Sign. Attachment II - Sample Computer Print -Out .PART B - GENERAL PROVISIONS (CITY) PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART D - FEDERALLY REQUIRED LANGUAGE PART S - TxDOT STANDARD SPECIFICATIONS Item 1 -9 General Requirements and Covenants Item 110 Excavation Item 132 Embankment (400) Item 160 Topsoil Item 161 Compost (160). Item 164 Seeding for Erosion Control (166) Item 166 Fertilizer Item 168 Vegetative Watering Item 170 Irrigation System Item 192 Landscape Planting (161)(166) Item 193 Landscape Establishment Item 400 Excavation and Backfill for Structures (132)(420)(421) Item 402 Trench Excavation Protection Item 420 Concrete Structures (400) (421) (427) (440) Item 421 Hydraulic Cement Concrete Item 427 Surface Finishes for Concrete (420) Item 440 Reinforcing Steel Item 500 Mobilization Item 502 Barricades, Signs, and Traffic Handling Item 506 Temporary Erosion, Sedimentation, and Environmental Controls Item 528 Colored Textured Concrete and Landscape Pavers. (132)(420) (421) (440) TABLE OF CONTENTS PAGE 2 OF 4 PART SP - SPECIAL PROVISIONS (TxDOT) Special Provision Local Government / RMA/ Non- Standard Contracts Disadvantaged Business Enterprise in Federal -Aid Construction Section SP 000 -002 Partnering Section SP 000 -003 Notice to All Bidders Section SP 000 -004 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) Section SP 000 -006 Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) Section SP 000 -009 Certification of Nondiscrimination in Employment Section SP 000 -1483 Notice of Changes to U.S. Department of Labor Required Payroll Information Section SP 000 -1493 Schedule of Liquidated Damages Section SP 000 -1676 On -the -Job Training Program Section SP 001 -015 Definition of Terms Section SP 003 -033 Award and Execution of Contract Section SP 004 -017 Scope of Work Section SP 005 -004 Control of the Work Section SP 006 -030 Control of Materials Section SP 007 -806 Legal Relations and Responsibilities Section SP 008 -119 Prosecution and Progress Section SP 009 -009 Measurement and Payment Section SP 009 -015 Measurement and Payment Section SP 161 -006 Compost Section SP 164 -002 Seeding for Erosion Control Section SP 166 -001 Fertilizer Section SP 420 -002 Concrete Structures Section SP 421 -035 Hydraulic Cement Concrete Section SP 440 -005 Reinforcing Steel Section SP 500 -005 Mobilization Section SP 502 -033 Barricades, Signs, and Traffic Handling Section SP 506 -011 Temporary Erosion, Sedimentation, and Environmental _ Controls PART T - TxDOT SPECIAL SPECIFICATIONS SS 5018 Incentive for Using Non -Road Diesel Equipment Powered by EPA Tier 1, 2 or 3 Diesel Engines in Nonattainment and Affected Counties SS 5049 Biodegradable Erosion Control Logs (161)(506) SS 5559 Stacked Rock Wall LIST OF DRAWINGS CHILD SUPPORT STATEMENT NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT TABLE OF CONTENTS PAGE 3 OF 4 DISCLOSURE OF LOBBYING ACTIVITIES DEBARMENT CERTIFICATION CERTIFICATION OF NON - COLLUSION PERFORMANCE BOND PAYMENT BOND TABLE OF COlTt"ENTS PAGE 4 OF 4 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: YORKTOWN BLVD. STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) Project No. E11029 consists of installing landscaping and irrigation systems in the raised median for Yorktown Boulevard between Staples Street and Cimarron Boulevard, temporary storm water pollution prevention measures and temporary traffic control; together with all appurtenances, in accordance with the plans, specifications and. contract documents; will be received at the office of the City Secretary until 2 :00 p.m. on Wednesday, August 17, 2011, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 10:00 a.m., Wednesday, August 10; 2011 and will be conducted by the City. The location of the meeting will be the Department .of Engineering Service's Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as, liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional $10.00 which is a non- refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer ", "workman ", or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and . to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya,.P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS NOTICE TO CONTRACTORS.- A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1; Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations, Hazard 6.' Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury • $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH TI OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY / ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT • REQUIRED -■ NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance.Requirements ❑ REQUIRED / NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance•Requirements • ❑ REQUIRED 0 NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty 430) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-- 6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1.). (3) Contractor --A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page.2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate — of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i). a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(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 512440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(e)(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 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 ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. lithe coverage period shown on the contractors current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a 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 ofSelf- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS( CITY) YORKTOWN BLVD. -- STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) PROJECT NO. E11029 PART A — SPECIAL PROVISIONS (CITY) A -1 Time and Place of Receiving Proposals /Pre -Bid. Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, August 17, 2011. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - YORKTOWN BLVD.- STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) Project No. E11029 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary''s Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary'.s Office prior to the date and time of bid opening. A pre -bid meeting will be held on Wednesday, August 10, 2011, beginning at 10:00 a.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX, and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project YORKTOWN BLVD.- STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) Project No. E11029 consists of installing landscaping and irrigation systems in the raised median for Yorktown Boulevard between Staples Street and Cimarron Boulevard, temporary storm water pollution prevention measures and temporary traffic control; together with all appurtenances, in accordance with the plans, specifications and contract documents. A-4 Method of Award The bids will be evaluated based on Total Base Bid. fundo :- The City reserves the right to reject any or all bids, to waive irregularities and. to accept the lowest responsible /responsive bid. bid which, in the City'o opinion, Part A - SP (Revised 12/15/04) Pane 1 of 22 A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference YORKTOWN BLVD.- STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) Project No. E11029 as identified in the Proposal.) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement. A -6 Time of Completion /Liquidated Damages To minimize inconvenience to the general dangerous conditions, the Contractor will construction and will be required to meet The project will be constructed under one as needed. public and to minimize their exposure to be required to follow tight scheduling for the construction working time shown below. phase with moving traffic control devices The working time for completion of the entire Project will be 64 Working Days. Start of construction is delineated by the Notice to Proceed. Completion for the project shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and accepted by the City. Days Allocation for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days February 3 Days March 2 Days April 3 Days May 4 Days June 4 Days July 3 Days August 4 Days September October November December 7 Days 4 Days 3 Days 3 Days This project is essentially a construction contract for a period of 64 Working Days Calendar Dayo, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each stage, as described above. 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 working 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, $300.00 per working day 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 from the monthly pay estimates 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 Part A - SP (Revised 12 /15/04) Page 2 of 22 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 working alcndar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Construction Type(s); Heavy and Highway and Heavy. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1 %) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, "Definition of Terms", and Section B -7 -6, "Working Hours ".) Part A - SP (Revised 12/15/04). Page 3 of 22 A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty - eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using DIG TESS at 1 -800- 344 -8377, the Lone Star Notification Company at 1 -800- 669 -8344, and Verizon Dig ALERT at 1 -800- 483 -6279. For the Contractor's convenience, the following telephone numbers are listed: City Engineer Project Engineer AYE Project Engineer, Dennis L. Miller Freese and Nichols, Inc. Streets & Solid Waste Services Traffic Engineer Police Department Water Department Wastewater Services Department Gas Department Storm Water Department Parks & Recreation Department American Electric Power Co. (AEP) 3 Southwestern Bell Telephone Co. (SBC) . Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) CenturyTel ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) 826 -3500 826 -3500 P.E. 561 -6500 826 -1940 826 -3547 886 -2600 826 -1881 826 -1800 885 -6900 826 -1875 826 -3461 1- 877 -37 .881 -2511 fax: 561 -6501 (826-1888 (826 -1888 (885 -6900 (826 -1888 -4858 after hours) after hours) after hours) after hours) (1- 800 - 824 -4424 after hours) 826 -1946 826 -3547 857 -5000 (857 -5060 after hours) 887 -9200 (Pager 800 - 724 -3624) 225/214 -1169 (225/229- 3202(M)) 881 -5767 (Pager 850 -2981) 512/935 -0958 (Mobile) 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 or not 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 Plumed over the streets or ground surface, and the Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets, storm water, water body 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. Part A - SP (Revised 12/15/04) Page 4 of 22 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. All- weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile of suitable material on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. 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. 1111 costa for traffic contr-e.3_ arc considered aubodiary, thcrcforc, no direct A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb lines 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 sewers 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 fert ilizer. 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 various bid items; therefore, no direct payment will be made to the 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 the Contractor. A -17 Field Office (NOT USED) Thc Contractor must furnish the City Engineer or his rcpresentativc with a field fcct of useable space. Thc field office muot bc air conditioned and heated and muct be furniohed with an inclined table that measures at least 30" x GO" and two (24- City Engineer or his representative. The field office muot bc furnished with a teeephene ( ;i7 =21 hour per day answering service) and FAX machine paid for by tho Part A - SP (Revised 12/15/04) Page 5 of 22 A -18 Schedule and Sequence of Construction To minimize inconvenience to the general dangerous conditions, the Contractor will construction and will be required to meet The project will be constructed under one as needed. public and to minimize their exposure to be required to follow tight scheduling for the construction working time shown below. phase with moving traffic control devices The working time for completion of the entire Project will be 64 working days calcndar days. The Contractor shall furnish a Construction Schedule for all portions of the work. Start of construction is delineated by the Notice to Proceed. Completion for the project shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and accepted by the City. The Contractor shall submit to the City Engineer a work plan based on working calcndar days for construction of the entire. project. 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 also indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re- Submission: Revise and resubmit as required by. the City Engineer. 5. Monthly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: A. The schedule of construction shall be structured to meet all requirements of Section A -6 Time of Completion /Liquidated Damages" and as noted above. S. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of constructing the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services and street access with other contractors. D. Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications for special events that will occur during the period of the Contract. Part A - SP (Revised 12/15/04) Page 6 of 22 A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, benchmarks, baselines, etc. that are normally required to construct a project of this nature. A minimum of one (1) control point and one (1) project benchmark will be provided by the City or Consultant Project Engineer for the Contractor's use to layout the project. - _ _ - - - _ - - rks, required for pre3 -cct layout, will bo The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during constructon, is nocc;oary to disturb er dcotroy a control point or Consultant Projcct -Ens-i-necr as necessary, at no cost. to the Contractor. Control points or benchmarks damaged, disturbed or destroyed as a result of the Contractor's operations rcg cncc will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tic in or reference all valves and manholes, both existing and c;o. ith thc Contract Document;,, p ano and specifications. independent Registered Professional Land Surveyor (R.P.L.S.) licensed in the £tat° of Texas, retained and paid by thc Contractor. The Third arty R.P.L.S. shall bo Following is thc minimum schedule of documentation required: etrccts: .—U1 curb returns at point of tangcncy/point of circumference, • Curb and gutter flow linc both aides of street on a 200' interval; Wastewater; Water: • Valve vault rims; Ctormwatcr: • All intcroecting lines in manholes; Part A - SP (Revised 12 /15/04) Page 7 of 22 ee A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs The City will furnish two (2) Project signs, as indicated in °Attachment No. 1- Bond 2008 Project Sign", to be installed by the Contractor. The Contractor shall furnish end inotall two (2) Project 3igno. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy the performance of contracts awarded by thc City In accorda.ncc with Rusincco Entcrprioc. 2. Dcfinition3 a. of Corpus Christi in support ouch policy, thc City has established goals, ao Prime Contractor: Any peroee, firm; partnership, stated corporation, City contract. b. Subcontractor: Fey xamcd per -son, firm, pa tncrohip, corporation, labor, cervices, :upplico, cquipmcnt, matexialo or any combination of controlled by one .or more minority peroon(o) . Minority peroono include cific Iolandcr3. For thc conoidcrcd as minorities. Indians, Alaskan Nativcc, and Aoiano or purposes of thin ocction, womcn arc also hcrcinaftcr oct forth: 1. Owned (b) For an enterprise doing buaincsa as a partncrchip, at 1 at Part A - SP (Revised 12/15/04) Page 8 of 22 2. Controlled 3. -hare in Payments Minority.partncra, proprietor or stockholders, of thc cntcrpriac, 123 thc casc may bc, must bc cntiticd to rcccivc 51.01 or more of thc total profits, bonuaco, dividends, intcrcat payments, enterprise, Pcmalc Owncd Puoincaa Intcrprisc: 21 sole proprictor3hip that is osaracd and controlled by a woman, a partnership -at 1caat 51.0% of whose a scta corporation at least 51.0°% of whose asacto or intcrcota in thc corporato ohares arc owncd by one or morc women. f. Joint Vcnturc. Z joint vcnturc means an association of two or morc Coals of theft vcriturc in the work to bc performed by thc joint venture. For example, a joint vcnturc which is to perform 50.0°% of thc contract intcrcat, shall bc deemed cquivalcnt to having minority participation in 25.0% of the work. Minority mcmbcro of thc joint vcnturc must have cithcr financial, managerial, or technical aki113 in the work to bo performcd by thc joint vcnturc. Entcrpricc3 exprcaacd in percentage tcrma for thc Contractor's aggrcgato work force on all construction -work for thc C ntract award arc as follows: Minority Participation Minority Buoinc.;s Ente ricc (Pcrccnt) 15 ' Participation (Pcrccnt) 15 °tr b. Thcac goals arc applicable to all thc conotruction work (rcgardlcos of federal participation) performcd in the Contract, including approved changc orders. Thc hou -s eE minority cmploymcnt must bc subatantially uniform throughout thc length of thc Contract and in each trade. The transfer of minority employee from Contractor to Contractor or from projcct to projcct for thc sole purpose of meeting thc Contractor's perccntagc io prohibited. 1. Compliance a. Upon completion of thc Projcct, a final breakdown of MBE participation, aubotantiatcd by copics of paid invoices, shall bc aubmittcd by the Contractor to thc City Engineer. b. Thc Contractor aha11 make bi weekly payroll submittals to thc City Enginccr. Thc Contractor is to indicate the percent of minority and fcmalc participation, by trade, which has bccn utilizcd on thc Projcct. Along with thc request for final payment on thc Projcct, thc Contractor Part A - SP (Revised 12/15/04) Page 9 of 22 payrolls in a timely fashion or to submit overall participation 5. Disadvantaged Business Enterprise (DBE) Requirements This Project is federally funded and requires that the Contractor comply with Special Provision for Local Government / RNA/ Non - Standard Contracts Disadvantaged Business Enterprise in Federal -Aid Construction. The goal for Disadvantaged Business Enterprise (DBE) established for this Project is five percent (5%). A -23 Inspection Required (Revised 7/5/00) (NOT USED) Inspection Division at thc various intervals of work for which a. permit is required and to a cure a final inspection after the building is completed and ready fer Ccction B 6.2 of the Ccncral frovicions is hcrcby amended in that thc Contractor 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 (10t) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10a) of the Surety Company's capital and surplus with 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 (100) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is'certified.by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) .Cection B 6 22, "Tax Excm tion 1'rovicion ", is deleted in its- entirety and thc "Contracts €er. improvements to real property awarded by the City of Corpus Chris Part A - SP (Revised 12/15/04) Page 10 of 22 Public Accounts of Texas. If the 'Contractor elects to operate under a separated contract, he shall: 1. Obtain thc noccssary sales tax permits from thc Ctatc Comptroller. €hargcs° in the proposal form the cost of materials physicaaly incorporated into thc Project. 3. Provide resale certificates to suppliers. 1. Provide the City with copies of material invoices to substantiate the proposal value of materials. contractors arc elig4ble fer sales tax exemptions if the eubcontractor also complies with the above requirements. The Contractor mutt issue a resale certificate to the subcontractor and the subcontractor, in turn, issues a resale ccrtifi ate to his supplier." A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of'the General Provisions, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to 1. Name: City of Corpus Christi Engineering Services Department Attn: Contracts Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall, provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract Documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor. sign the Contract Documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's .compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6711 of the General Provisions, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the General Provisions, 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 Part A - SP (Revised 12/15/04) Page 11 of -22 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) aragraph (a) General Liability of Scctien B G 11 of the Ccncral Proviolono io amended o ineludo: coverage for thc term of thc Contract up to and including thc mate the City policieo- providing ouch ineurencc covcragc. A -28 Considerations for Contract Award and Execution To allow the City ,Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: , 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall .specify the name and address-of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has. not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of. its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City. Engineer's request, signed and dated by the bidder's owner,' president or other. authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily be 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. Part A - SP (Revised 12/15/04) 'Page 12. of 22 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to Section S -7 -13 of the General Provisions. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -3 -1 "Consideration of Contract ", add the following text: "Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration; 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible; 6. A list of subcontractors that will be working on the Project_ This list may . contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an Part A - SP (Revised 12/15/04) Page 13 of•22 increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13 of the General Provisions; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to Special Provision A-28 concerning "Considerations for Contract Award and Execution" and Special Provision A -29 concerning "Contractor's Field Administration Staff "; 9. Documentation ao required by Special Provision A 35 K, if applicable, 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state (i.e_ Texas or other state), Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended °Policy on Extra Work and Change Orders" Under "General Provisions and Requirements for Municipal Construction Contracts ", Section 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 ", Section 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 is reminded to attend the Pre -Bid Meeting referred to in Special 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 (TxDOT), third precedence will be given to the Special Provisions (City), fourth precedence will be given to the construction plans (including notes in the plans), fifth precedence will be given to the Standard Specifications (TxDOT) and Special Specifications (TxDOT), sixth precedence will be given to. the Standard Specifications (City) and Technical, Specifications (City), and the General Provisions (City) will be given last precedence. In ca.ac of conflict in thc-Contract Documents, first p eecdcncc will be given to addenda isouod during thc bidding phase of the Project, seeend peeedencc will be given to thc Special Part A - SP (Revised 12/15/04) Page 14 of 22 will be given lays -t precedence. In the event of a conflict bctwccn any of thc Standard Spccifi atleno with any ether rcfcrcnccd specifications, such as thc Tcxas €trccts and Eridgcs ", P m apccificationa, ctc., thc prcccdcncc will be given to addenda-, Special rrevis4ons and Euppccmcntal Cpcciaa Provisions (if appli able), A -35 City Water Facilities: Special Requirements (NOT USED) within any City watcr facility. Per additional information rcfcr to Attachment 1. Operation of City Owncd Fsquipmcnt maintenance cmploycc of the City Water Department_ C. rrotcction of Water Quality Contractor cha11 protect thc watcr. quality of thc water in thc job site and shall D. Conformity with 21NEI /NSF Standard -61 All materials and cquipmcnt used in thc repair, reassembly, transportation, reinstallation, and inspection of pump,s_, er any othcr itcms, which could comc into contact with potable watcr, must conform to American National Ctandarda Standard Spccifi ationo. Such matcrialc includc all solve/Ito, cleaners, lubricants, gaskets, theead compounds, coatings, or hydraulic equipment. Thcac items must not be uscd unlcan t'hcy con eelm to 2'NCI /NCF Standard 61 and unless such itcma are inspected on thc sito by authorized City peraonncl immediately prior to uoc. ZZ Standard 61 approval for all matcrialc which could comc into contact with potable .watcr. E. Handling and Diopooal of Trash All trash generated by thc Contractor or his cmploycca, agents, or subcontractors be allowed. The Contractor shall keep work areas clean at all times and rcmovc all trash daily. CONTRACTOR'S ON CITE PREPARATION r. Contractor's peroonncl must wear colored uniform ovcralls othcr than —angc, blue, or whitc. Each cmploycc uniform must provide company namc and individual cmploycc identification. Part A - SP (Revised 12/15/04) Page 15 of 22 telephone arc not available for Contractor usc. f. own sanitary facilities. company namc. No privatc employee vehicles are allowed at 0. N. Ctevcns Watcr Trcatmcnt Plant. All personnel must bc in company vchicics. During working hours, through any buildings other than for required work or qualifications 1 thru 9 below. as directed by City Watcr This work includes, but is not limited to, programming, customising, debugging, calibrating, or placing in operation all The Contractor or his aubcontraete -r proposing to perform the SCZ\DA work mast bc ablo to demonstrate thc following: Elcctri al Engineer to supervise specifications. or perform thc work rcquircd by thc3c computers, RTiJSTs, and aeftwarc proposcd for thc Contract. milc3 of thc Prej -e-t site to maintain, repair, calibrate, and program thc maximum practical extent. Whcrc this is not praetiea1, all equipment of a given type will bc thc product of one manufacturer. S.Prior performance at the 0. N. Cte cns Water Trcatmcnt Plant will bc used in cvaluating which Contractor or subcontractor programs the new work for thin Projcct. is not intecd to show all of thc required sheets. The Contractor will providc L. Trcnching Roquircmcnta Part A - SP (Revised 12/15/04) Page 16 of 22 A -36 Other Submittals (Revised 9/18/00) 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number of copies required by the City to the City Engineer or his designated representative. b. .Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section, and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier, pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract Documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Variations: Contractor must identify any proposed variations from the Contract Documents and any Product or system limitations which may be detrimental to the successful performance of the completed work. 9. h. Space Reguirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. — i. Resubmittals: Contractor must revise and resubmit submittals as required by the City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, through 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 Standard or 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" Under °General Provisions and Requirements for Municipal Construction Contracts ", Section B-6 -15 "Arrangement and Charge for Water Furnished by the City", add the following: Part A - SP (Revised 12 /15/04) Page 17 of 22 "The Contractor must comply with the City of Corpus Christi's. Water Conservation and Drought Contingency Plan as amended (the "Plan "). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors-B" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) The isouancc of a. ccrtificatc.of occupancy for improvcmcnto loco not conctituto final acceptance of the improvcmcnto un cr Ccncral Provia-ien B 8 D. A -40 Amendment to Section B -8 -6: "Partial Estimates" "General Provisions and Requirements for Municipal Construction Contracts" Section B -8 -6 "Partial Estimates" is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. This Section is also be amended to waive the requirement for partial retainage of payments due to the Contractor for this project. -A -41. Ozone Advisory (NOT USED) rriming and bet mix paving operationo muot not be conducted an dayo for which an pricc indicated in the propoaal. A -42 OSHA Rules and 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 and Hold Harmless" (9/98) Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -6 -21 "Indemnification and 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." Part A - SP (Revised 12/15/04) Page 18 of 22 A -44 Change Orders (4/26/99) Should a change order(s) be required by the Engineer, the Contractor shall furnish the Engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, subcontractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by the Contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) 1. The Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. 2. 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: a. Horizontal and vertical dimensions due to substitutions /field changes. b. Changes in equipment and dimensions due to substitutions. c_ "Nameplate" data on all installed equipment. d. Deletions, additions, and' changes to the scope of work. e. Any other changes made. A -46 Disposal of Highly Chlorinated Water (7/5/00) (NOT USED) Thcrc arc regulated by numerous agencies ouch as TCHQ, EPA, ctc. It will bo agencies in thc disposal of all water used in thc Project. Thc methods of disposal shall bc submitted to thc City for approval. Thcrc shall bc no ceparatc pay for disposal of highly ekiorinated water. Thc Conrtra-etor shall not uoc thc City' -o sanitary sower system for disposal of contaminated water. A -47 Pre - Construction Exploratory Excavations (7 /5/00) (NOT USED) Prior to any construe -.ion whatsoever on thc rro}eeet, thc Contractor shall excavate of proposed pipelines of thc Proj-eet, and the Contractor shall survey thc exact pipeline. accuratc horizontal and vortical lo ations of said parallel pipelines at 300 fcct 0.C. maximum intervals. The Contractor shall thcn prepare a report and submit it to thc City for approval station thcrcof, distance to thc pavcmcnt existing pipelines. Thc Contractor zhall perform no centerline and elevations of thc top of construction work on the Projcct until all Part A - SP (Revised 12/15/04) Page 19 of 22 rcport. exploratory cxctavation3 aha11 be paid for according to the cstablishcd unit pricc(s) for pavcmcnt rcpair. Contractor ahall providc all hits own 3urvcy work cffort no A -48 Overhead Electrical Wires (7/5/00) The Contractor shall comply fully 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. The Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of its employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. The Contractor shall coordinate his work with A.H.P. and inform A.E.P. of its construction schedule with regard to said overhead lines. Some overhead lines may be shown in the construction plans, while others are not shown. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown on the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", Section 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 reduoe, 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 ", Section 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 Dewatering and Disposal of Ground Water (NOT USED) Cad Watcr". A -52 Storm Water Pollution Prevention Plan of tkac TPDEC Ccncral Permit Al for this Project. . TXR150000. The Contractor will be required to = complete a Construction Site Notice The Contractor is required to provide copies of the NOT and Construction Site Notice to the City prior to the pre - construction meeting commencement of any construction activitico. The Contractor is also required to post a signed copy of the NOl and Part A - SP (Revised 12/15/04) Page 20 of 22 Construction Site Notice at the construction site, in a conspicuous location where it is readily available for viewing by the general public, local, state and federal authorities, prior to commencement of any construction activities. The Contractor r'rojcct. The Contractor shall adhere to the requirements of the Storm Water Pollution Prevention Plan as per the drawings and specifications contained in the Contract Documents. A -53 Video Documentation (NOT USED) incpcctionc of all waotcwatcr (oanitary 3cwcr) and Storm watcr gravity linco and A -54 Electronic Proposal Form "General Provisions and Requirements for Municipal Construction Contracts" Section B -2 -7 "Preparation of Proposal" is amended as follows: The bidder has the option of submitting a computer - generated print -out, in lieu of the Proposal Form (Pages 3 through 4, inclusive). The print -out shall list all bid items (including any additivc or dcductivc altcrnatcc) contained on the Proposal Form .(Pages 3 through 4, inclusive). The print -out shall be substantially in the form shown on Attachment II. If the bidder chooses to submit a print-out, the print -out shall be accompanied by properly completed Proposal Form pages 1, 2, 5, 6 and 7. In addition, the print -out shall contain the following statement and signature, after the last bid item: "(Bidder) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates) contained on the Proposal Form are the unit prices intended and that its'bid will be tabulated using these unit prices and no other information from this print -out. (Bidder) acknowledges and agrees that the Total Bid amount shown will be read as its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown on this print -out by the respective estimated quantities shown on. the Proposal Form (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) II Part A - SP (Revised 12/15/04) Page 21 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: Yorktown Blvd.- Staples to Cimarron Landscaping Improvements {Bond 2008) Project No. E11029 OWNER: City of Corpus Christi ENGINEER: Freese and Nichols, Inc. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Standard Specification 160 Topsoil Standard Specification 164 Cell Fiber Mulch Seed Standard Specification 170 Standard Specification 192 Irrigation System Landscape Planting Standard Specification 528 Colored Textured Concrete and Landscape Pavers Special Specification 5559 Stacked Rock Wall Part A - SP (Revised 12/15/04) Page 22 of 22. ,SASE . . commut t ya; <aa f.,!r; 1 eat,. Liu, '. 41 UCI1331FR 23 4546 tYasraR COWAAFY s WAAI saasrcy4 2'i ii5 $Y StrectErmiNtior SpOEY arCCgbt3711LRdigcBase »EA Minhc ckserec Sig Tatall Bien" boas Otani D14321) .Suit- i :1hse13id _A° Dam; Su&Ta l Bid"H" It 3ub-Tot41 Baac.0 d'C'� i .5 SkiNtaicti aid °,rev nom. $ - W Total Bast MttaChiie :t fl page 1 of 1 LI nr Bidllcan (N. Oats -- toa Dastipies ....— —, .. 17®1 him Ile Milan _ '... X TJi i3iac 2'i ii5 $Y StrectErmiNtior SpOEY arCCgbt3711LRdigcBase »EA Minhc ckserec Sig Tatall Bien" boas Otani D14321) .Suit- i :1hse13id _A° Dam; Su&Ta l Bid"H" It 3ub-Tot41 Baac.0 d'C'� i .5 SkiNtaicti aid °,rev nom. $ - W Total Bast MttaChiie :t fl page 1 of 1 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 18TH day of OCTOBER, 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 $1,017,532.07 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: YORKTOWN BLVD. - STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) PROJECT NO. E11029 (TOTAL BASE BID: $1,017,532.07) 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 i 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 90 WORKING DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ■ Page 2 of 3 Rev. Jun-2010 ATTEST: City Secretary APPRO By: ED AS TO LEGAL FORM: Asst. City Attorney ATTEST: (If Corporation) V (Seal Below) (Note: if Person signing for corporation is not President, attach copy of authorization to sign) CITY OF ORPUS C L - ISTI By: Juan erales, Jr,'.E. Assistant City anager Public Works, Utilities, and Transportation By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Barcom Commercial, Inc. By: Title: Ti\-Qs i c\d-- 5826 Bear Lane (Address) Corpus Christi, TX 78405 (City) (State)(ZIP) 3611851 -1000 * 361/851-1717 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 23 7 SY COUNCIL PROPOSAL FORM FOR YORKTOWN BLVD. - STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) PROJECT NO. E11029 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS REVISED PROPOSAL FORM PAGE 1 OF 7 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 1 OF 10 Proposal of PROPOSAL Place: Date: Barcom Commercial, Inc. August 17, 2011 a Corporation organized and existing under the laws of the State of Texas OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for YORKTOWN BLVD.- STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) PROJECT NO. E11029 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit: REVISED PROPOSAL FORM PAGE 2 OF 7 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 2 OF 10 YORKTOWN BLVD.- STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) PROJECT NO. E11029 BASE BID I II III IV ____I v i BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) 1 1 LS Mobilization, complete in place, per Lump Sum $ 4,734 $ 4,734 2 338 LF Biodegradable Erosion Control Logs (12" Dia.), complete in place, per Linear Foot $ 4.62 $ 1,562 3 1 LS Traffic Control, complete in place, per Lump Sum $ 13.086 $ 13.086 4 5907 EA Trailing Lantana, 1 Gallon, complete in place, per Each $ 6.68 $ 39,487 5 9129 EA Natal Plum 'Green Carpet', 1 Gallon, complete in place, per Each $ 8.53 $ 77,908 6 37 EA Salvia, 3 gallon, complete in place, per Each $ 20.38 $ 754 7 71 EA Crepe Myrtle Tree, 36" Boxed, complete in place, per Each $ 280.46 $ 19,913 8 33 EA European Olive Tree, 100 Gallon, complete in place, per Each $ 717.21 $ 23,668 9 125 EA Yucca Pendula, 5 Gallon, complete in place, per Each $ 22.76 $ 2,845 10 26 EA Landscape Boulder 3' x 2' x 3', complete in place, per Each $ 631.54 $ 16.420 11 3991 Topsoil for Berms (1991 CY) and Lawn $ 13.16 $ 52,512 (2000 CY), complete in place, CY per Cubic Yard 12 632 Planting Soil Mix for Trees & Bed Preparation, complete in Place, per Cubic Yard $ 49.78 $ 31,462 CY 13 432 CY Mulch - Topdressing, 4" Depth, complete in place, per Cubic Yard $ 60.49 $ 26,133 14 3830 SY Vegetation Soil Barrier, complete in place, per Square Yard $ 1.66 $ 6,358 REVISED PROPOSAL FORM PAGE 3 OF 7 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 3 OF 10 1 II III 1 IV V BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) 15 2595 LF Edge Wall Type I, complete in place, per Linear Foot $ 36.44 _ $ 94,563 7107 LF Edge Wall Type II, complete in place, per Linear Foot $ 21.88 $ 155,470 17 20,185 Color Textured Concrete- Type I Cobblestone Band (4 "), complete in place, per Square Foot $ 6.39 $ 128.908 SF 18 15,833 SF Color Textured Concrete -Type II Ashler Slate (4 "), complete per Square Foot $ 6.26 $ 99.088 19 12,500 Cell Fiber Mulch Seed, complete in place, per Square Yard $ .50 $ 6,193 SY 20 2300 Excavation, 5" of Soil, complete in place, per Cubic Yard $ 41.01 $ 94,330 CY 21 1 LS Irrigation System, complete in place, per Lump Sum $ 105,031 $ 105,031 22 24 MO Plant & Landscape & Maintenance, per Month $ 424.67 $ 10,192 23 24 MO Irrigation System Operation & Maintenance, per Month $ 283.08 $ 6,794 TOTAL BASE BID (Items 1 through 23): $ 1,017 4114 REVISED PROPOSAL FORM PAGE 4 OF 7 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 4 OF 10 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5 °s of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within Q. working days from the date designated by a Work Order. No additional time will be allotted for any Additive Alternate. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all the materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number) : Addn #1, 8/12/11 (Seal - If Bidder is a Corporation) NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Respectfully submitted: Barcom Commercial, Inc. Name: Elaine R. Hoffman By: r• (S IGNA7'ORE ) Address: 5826 Bear Ln. (P.O. Box) (Street) Corpus Christi, TX 78405 (City) (State) (Zip) Telephone: 361 -851 -1000 REVISED PROPOSAL FORM PAGE 5 OF 7 (Revised August 2000) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 5 OF 10 PAYMENT BOND STATE OF TEXAS § BOND No 105693589 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: 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 ONE MILLION, SEVENTEEN THOUSAND, FIVE HUNDRED THIRTY -TWO AND 07/100 U.S. Dollars ($ 1,017,532.07 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 18TH day of OCTOBER, 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: YORKTOWN BLVD.- STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) PROJECT NO. E11029 (TOTAL BASE BID: $1,017,532.07) 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, ail 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) 3 Payment Bond Page 1 of 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 28th day of October , 20 it PRINCIPAL Barcom Commercial, Inc. BY: eed.01,2 Title:, v_h n„n ATTEST: T -- Secretary Address: 5826 Bear Lane Corpus Christi, TX 78405 SURETY Travelers Casualty and Surety Company of America By: Attorney -in -fact C.A. McClure Address: 4650 Westway Park Blvd. Houston, TX 77041 Telephone: 281 -606 -8400 Fax: 281 - 606 -8436 E Mail: alm @southernamericanins.com Rev. Date May 2011 Payment Bond Page 2of3 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 Proiects 201t 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 !6 day of 2010. (Revised 2/10) Notary Public State of /CY-4 S My Commission Expires: / 8/ TRAVELERS J WAR INN G: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 215018 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 004470299 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 Hrnietnn , 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 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: Georg. ` Thompson, ice President On this the 23rd day of August 2010 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., SL 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, 2016. 58440 -6 -11 Printed in U.S.A. `(�c�n C . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OP ATTORNEY IS INVALID WITHOUT THE RED BC)RDER 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, Kevin E. Hughes, 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 and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28th day of October , 20 11 Kevin E. Hughes, Assistant Se tary To verify the authenticity of this Power of Attorney, call 1-500-421-3880 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. VA ID WITH HE RED BO DER Travelers' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casually & 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 1 500 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. PERFORMANCE BOND STATE OF TEXAS COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. 105693589 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 "), in the penal sum of ONE MILLION, SEVENTEEN THOUSAND, FIVE HUNDRED THIRTY -TWO AND 071100 U.S. Dollars ($ 1,017,532.07 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 18TH of OCTOBER, 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: YORKTOWN BLVD.- STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) PROJECT NO. E11029 (TOTAL BASE BID: $1,017,532.07) 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. (Rev. Date May 2011) Performance 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 Re ident Agent in Nueces County to whom any requisite notices may be delivered and on hom 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 28th day of October , 20 11 . PRINCIPAL Barcom Commercial, Inc. By: QrtAini A. Title: -.k or-yd ATTEST: Secretary Address: 5826 Bear Lane Corpus Christi, TX 78405 (Rev. Date May 2011) SURETY Travelers Casualty and Surety Cornpany'ofArnerica By: Attorney -in -fact C.A. McClure Address: 4650 Westway Park Blvd. Houston, TX 77041 Telephone: 281- 606 -8400 Fax: 281 - 606 -8436 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 J WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 215018 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 04470 2 9 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. 23rd IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of August 2010 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: On this the 23rd day of August 2010 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-6-11 Printed in U.S.A. can 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 President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-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 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. 1, Kevin E. Hughes, 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 and effect and has not been revoked. 28th October 11 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of , 20 _. Kevin E. Hughes, Assistant S tary 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 IR INVALID WITHOUT THEEFp 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. City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY - PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Barcom Commercial, Inc. P.O. BOX: STREET ADDRESS: 5826 Bear Ln. CITY: Corpus Christi ZIP: 78405 - FIRM IS: 1. Corporation 4. Association ■ 2. Partnership 5. Other 8 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership m the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A REVISED ADDENDUM NO. 1 PROPOSAL FORM ATTACHMENT NO. 1 PAGE 6 OF 7 PAGE 6 OF 10 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Elaine R. Hoffman Title: President (Type or Prin!) Signature of Certifying t: j Date: Person: ( 1 ' =3.; 4 a� August 17, 2011 f :r, DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part - time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint — stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. REVISED ADDENDUM NO. 1 PROPOSAL FORM ATTACHMENT NO. 1 PAGE7OF7 PAGE 7OF10 BARCOC1 OP ID: TERE DATE (MMIDDIYYYY) 10 ►261 1....°.. RRO CERTIFICATE OF LIABILITY INSURANCE 11 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 AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate. holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 18 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Swantner & Gordon Ins Agcy -CC A Higginbotham Company PO Box 870 Corpus Christi, TX 78403 -0870 Steve Addkison 361 -883 -1711 CONTACT NAME: 361-844-0101 (NCNN No. Exrl: 361 -883 -1711c Not: 361- 844 -0101 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A : VaIIey Forge Insurance Co INSURED Barcom Commercial, Inc. 5826 Bear Lane Corpus Christi, TX 78405 INSURERS : National Fire Inc Co- Hartford INSURER C : Commerce and Industry Inc Co NAIC 11 20508 —120478 19410 INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUM • THIS IS TO CERTIFY INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE EXCLUSIONS AND CONDITIONS THAT THE POLICIES OF INSURANCE ANY REQUIREMENT, ISSUED OR MAY PERTAIN, OF SUCH POLICIES. RIGEITBW , NCE : a I, LISTED BELOW HAVE BEEN ISSUED TO TERM OR CONDITION OF ANY CONTRACT THE INSURANCE AFFORDED BY THE POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY -- - - -- THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PAID CLAIMS. PY EX? i, —__ POLICY MMIDDIYYYY r LIMITS IN SR LTR TYPE OF IN j POLICY POLICY NUMBER i MMIDDIYYYY A GENERAL X —llI 1 GEN'L –._ -- LIABILITY, I COMMERCIAL GENERAL 1 - j CLAIMS -MADE - - - LIABILITY r 1 X ] OCCUR 3 - -' ' ' - - -- ' ,f 4034064756 09/12/11 1 09112/12 1�A19rAGE • I Y / I EACH OCCURRENCE _ $ 1,000,000 1 O RERTEO PREMISES (Ea occurrence $ 100,000 MED EXP (Any one person) I $ 5,000 & ADV INJURY I $ 1,,000,000 LPERSONAL /.- GENERAL AGGREGATE 1 $ 2,000,000 AGGREGATE LIMIT APPLIES S PER: POLICY I X I P� i LOC PRODUCTS - COMP/OP AGG $ 2,000,000 1 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _ X i SCHEDULED AUTOS NON -OWNED AUTOS 034064790 ; 09/12111 I I 09112112 COMBINED SINGLE LIMIT (Ea accident) j / 1 000,000 1 $ ! , 1 $ X - _ X- BODILY INJURY {Per person) i BODILY INJURY (Per accident)! $ 1 PROPERTY DAMAGE 1 (Per accident) $ I$ G X UMBRELLALFAB✓ X OCCUR 1 EXCE55lwe i I CLAIM 77gg-MADE ] BE016410605 I 09/12/11 1 09/12//12 d i EACH OCCURRENCE I $ / 15,000,000 1 AGGREGATE I $ / 15,000,000 DED X I RETENTION$ 10,0001 Ill!. 1 I$ A AND EMPSl.0YER5'LU191LOITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS Y! N I 4034064773 - 09/12/11 09112±1 // TORY LIMITS DER I 1 E.L. EACH ACCIDENT I $ 1,000,000 I i IN IA I E.L. DISEASE - EA EMPLOYEE $ 1,000,000 below ; 1 E.L. DISEASE - POLICY LIMIT I $ 1,000,000 I I I I - i I DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: #E11029 Yorktown Blvd - Staples to Cimarron Landscaping Improvements (Bond 2008) The Work Comp, General Liability & Auto policies include an endorsement providing that 30 days notice of cancellation will be furnished to the Certificate Holder except 10 day for non -pay. See attached addendum. CERTIFICATE HOLDER CANCELLATION CICC -CO City of Corpus Christi Engineering Services Contract Administrator P.O. Box 9277 !Corpus Christi, TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BAFtCOC1 'NOTEPAD FNSURED'S NAME Barcom Commercial, Inc. OP ID: TERE Waiver o €Subrogation as required by written insured contract infavor of Certificate Holder applicable to Workers Compensation (WC420304A 01100), General Liability (G156521 07109) & Auto (CA2089 06104) policies. Additional Insured including Com leted Operations as required by written insured contract in favor o ertifpcate Holder applicable to General Liability (G140331C 10110) & Auto (CA0403 06104) policies. General Liability policy is Primary with respects to work performed by Contractor for Owner (G140331C"10110). Umbrella Liability follows form of the Underlying policies. Professional Liability olio t info: Columbia Casualty, Policy CZB288296539, 11/14/10-11 $1,000,000 Each Claim / X322,000,000 Aggregate Employee Theft policy with Travelers Casualty & Surety Company of America, Policy 105677128, 9/12111/ -12, $1,000,000 Per Occurrence Limit PAGE 2 DATE 10/26/11 CNA Barcom Commercial, Inc. Policy # 4034064756 G- 140331 -C (Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) Section 11- Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury; "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the "written contract "; or c. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products - completed operations hazard,' and only if: (1) The "written contract requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. G- 140331 -C (Ed. 10110) 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. b. c. Required by the "written contract "; Described in B.1. above; or Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract," this insurance will be primary and non - contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury arising out of a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV -- COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence or an offense which may result in a claim or "suit' under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit "; and (3) (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non - contributory, this provision (4) does not apply to insurance on which the additional insured is a Named insured. G -1 40331 -C (Ed. 10/10) D. G- 140331 -c (Ed. 1 0/10) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non - contributory except when rendered excess by endorsement G- 140331 -C, or when Paragraph b. below applies. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury or "property damage "; or b The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. Includes copyrighted materiel of Insurance Services office, Inc., with its permission Page 2 of 2 IMININ NItIIIEN1I II CNA Barcom Commercial, Inc Policy# 4034064756 G- 18652 -1 (Ed. 07/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE Coverages are summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Miscellaneous Additional insureds 7 additional insured extensions. 2. Employees As insureds — Health Care Services 3. Joint Ventures/Partnership /Limited Liability Companies Coverage for your interest in such terminated or ended organizations. 4. Expanded Personal And Advertising Injury 5. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident, 6. Legal Liability And Borrowed Equipment Extended perils. Limit increased to $200,000 for Damage to Premises Rented To You 7. Non -owned Watercraft Increased to 55 feet. 8. Non -owned Aircraft Coverage 9. Contractual Liability For Personal And Advertising Injury 10. Supplementary Payments Cost of bail bonds increased to $2,500. Daily loss of earnings increased to $1,000. 11. Liquor Liability Coverage Extension 12. Newly Formed Or Acquired Organizations Coverage extended to the end of the policy period. G- 18652 -1 (Ed. 07/09) 13. Liberalization Clause 14. Unintentional Failure To Disclose Hazards 15. Notice of Occurrence 16. Broad Knowledge of Occurrence 17. Aggregate Limits Per Project 18. Bodily injury — Extension of Coverage 19. Expected Or Intended Injury Reasonabie force — bodily injury or property damage. 20. Wrap -Up Extension 21, Contractual Liability -- Railroads Expanded definition of "insured contract." @Blanket Waiver of Subrogation Waiver of subrogation where required by written contract or written agreement. 23. In Rem Actions Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 1. MISCELLANEOUS ADDITIONAL INSUREDS Section 11 Who Is An insured is amended to include . as an insured any person or organization (tailed additional insured) described in Paragraphs 2.a. through 2.g. below whom you are required to add as an additional insured on this policy under a written contract or written agreement. However, the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. State or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies: G- 18652 -1 (Ed. 07/09) (a) The existence, maintenance, repair. construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to "bodily injury," "property damage' or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality. G- 18652 -I (Ed. 07/09) b. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. c. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. d. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. e. OwnerslOther Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or Includes copyrighted material of Insurance Services Office. Inc., with its permission. Page 2 of 8 (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. f. Co -owner of insured Premises A co -owner of a premises co -owned by you and covered under this insurance but only with respect to the co- owners liability as co-owner of such premises. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A persons or organization's status as an insured under this endorsement ends when their written contract or written agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage," or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under Paragraphs a. through g. above does not apply to "bodily injury" or "property damage" included within the "products - completed operations hazard." As respects the coverage provided under this provision, Paragraph 4.b.(1) of Section IV — Commercial General Liability Conditions is deleted and replaced with the following: 4. Other insurance b. Excess insurance (1) This insurance is excess over. Any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Where G- 18652 -I (Ed. 07/09) G- 18652 -I (Ed. 07/09) required by written contract or written agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. 2. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES Paragraph 2.a.(1)(d) of Section II — Who Is An insured is deleted. 3. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANY COVERAGE A. The following is added to Section 11 — Who is An insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company, c. To a joint venture, partnership or limited liability company which is or was insured under a "consolidated (wrap -up) insurance program." "Consolidated (wrap -up) insurance program" means a construction, erection or demolition project for which the prime contractor /project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, otherwise referred to as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). B. The last paragraph of Section 11 — Who Is An Insured is deleted and replaced by the following: Except as provided in Paragraph 4. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Includes copyrighted material of Insurance Services Office. Inc., with its permission. Page 3 of 8 4. EXPANDED PERSONAL AND ADVERTISING INJURY A. The following is added to Section V — Definitions, the definition of "Personal and advertising injury: h. Discrimination or humiliation that results in B. injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the C. direction of: (a) The insured: or (b) Any 'executive officer," director, stockholder, partner, member or manager (if you are a limited liability 6. LE company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. 8. Exclusions of Section I — Coverage B —Personal and Advertising injury Liability is amended to include the following; Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. D. This provision 4. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I — Coverage B — Personal And Advertising injury Liability is excluded either by the provisions of the Coverage Part or by endorsement. 5. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of Section III — Limits of insurance is deleted and replaced by the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under Section — 1 — Coverage C for all medical expenses because of "bodily injury sustained by any one person. The Medical Expense Limit is the greater of: G- 18652 -1 (Ed. 07109) A. G- 18652 -I (Ed. 07109) (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. This provision 5. (Medical Payments) does not apply if Section I — Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. Paragraph 1.a.(3)(b) of Section I — Coverage c — Medical Payments, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and GAL LIABILITY AND BORROWED EQUIPMENT Under Section f — Coverage A -- Bodily Injury and Property Damage 2. Exclusions, Exclusion j. is replaced by the following. "Properly damage" to: (1) (2) (3) Property you own, rent, or occupy; Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage' arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (1), (3) and (4) of this exclusion do not apply to: (I) "property damage" to tools or equipment loaned to you if the tools or equipment are not being used to perform operations at the time of loss; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 (ii) "property damage" (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ili — Limits Of Insurance. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard." B. Under Section I — Coverage A — Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section 111 — Limits Of Insurance. C. Paragraph 6. Damage To Premises Rented To You Limit of Section 111— Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most we will pay under Section —1— Coverage A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with the permission of the owner. including contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $200,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.(1)(a)(tl) of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: E. G- 18652 -I (Ed. 07/09) (if) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner; or This provision 6. (LEGAL LIABILITY AND BORROWED EQUIPMENT) does not apply if Damage To Premises Rented To You Liability under Section 1— Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 7. NON -OWNED WATERCRAFT Under Section I — Coverage A, Exclusion. 2.g., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. 8. NON -OWNED AIRCRAFT Exclusion 2.g. of Section 1 — Coverage A — Bodily Injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United Slates of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge. 9. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Exclusion e. Contractual Liability Coverage B is deleted. 10. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $2,500: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. • 11. LIQUOR LIABILITY of Section I — Exclusion c. of Section 1— Coverage A is deleted. 12. NEWLY FORMED ORGANIZATIONS Paragraph 3.a. of Section It — Who Is An insured is deleted and replaced by the following: OR ACQUIRED G- 18652 -I Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 (Ed. 07109) Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy's effective date after you acquire or foram the organization, whichever is earlier. 13. LIBERALIZATION CLAUSE if we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state. 14, UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 15. NOTICE OF OCCURRENCE The following is added to Paragraph 2. of Section IV — Commercial General Liability Conditions — Duties in The Event of Occurrence, Offense, Claim or Suit: Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 16. BROAD KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. of Section IV — Commercial General Liability Conditions — Duties in The Event of Occurrence, Offense, Claim or Suit: You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit" only when the "occurrence," offense, claim or "suit" is known to: (1) (2) (3) You, if you are an individual; A partner, if you are a partnership; An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. 17. AGGREGATE LIMITS PER PROJECT A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section 1— Coverage A, and for all medical expenses caused by accidents G- 18652 -1 (Ed. 07109) G- 18652 -d (Ed. 07/09) under Section 1 — Coverage C, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: 1. A separate Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard," and for medical expenses under Coverage C regardless of the number of: a. insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Includes copyrighted material or Insurance Services Office, Inc., with its permission. Page 6 of 8 uupI IIIIIIIIIII IIIIII IIII11l1II Ii IN Products- Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Single Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products - completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Producls- Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Aggregate Limit. D. If a single construction project away from premises owned by or rented to the insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. 18. EXPANDED BODILY INJURY Section V — Definitions, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 19. EXPECTED OR INTENDED INJURY Exclusion a. of Section 1 — Coverage A — Bodily Injury and Property Damage Liability is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 20. OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP -UP) INSURANCE PROGRAMS The endorsement EXCLUSION — CONSTRUCTION WRAP -UP PROGRAM which is attached to this policy is amended as follows: A. If the endorsement EXCLUSION — CONSTRUCTION WRAP -UP or another exclusionary endorsement pertaining to Owner G- 18652 -I (Ed. 07109) G- 18652 -1 (Ed. 07/09) Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached to this policy, then it is amended to add the following: With respect to a "consolidated (wrap -up) insurance program" project in which you are or were involved, this exclusion does not apply to: 1. Your liability for "bodily injury," "property damage," or "personal or advertising injury" that occurs during your ongoing operations at the project. or during such operations of anyone acting on your behalf: 2. Your liability for "bodily injury" or "property damage" included within the "products - completed operations hazard" that arises out of those portions of the project that are not "residential structures." B. The following is added to Paragraph 4.b.(1) of Section IV- Commercial General Liability Conditions This insurance is excess over: (c) Any of the other insurance whether primary. excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a "consolidated (wrap -up) insurance program," but only as respects your involvement in that "consolidated (wrap - up) insurance program." C. The following is added to Section V — Definitions: "Consolidated (wrap -up) insurance program" means a construction, erection or demolition project for which the prime contractor /project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, otherwise referred to as an Owner Controlled insurance Program (0.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.)_ "Residential structure" means any structure where 30u /a or more of the square foot area is used or is intended to be used for human residency including but not limited to singie or multifamily housing, apartments, condominiums, townhouses, co- operatives or planned unit developments and also includes their common areas and/or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels, or motels. Includes copyrighted material of Insurance Services Office. Inc., with its permission. Page 7 of 8 Residential structure also does not include hospitals or prisons. 21. CONTRACTUAL LIABILITY - RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of "insured contract" in Section V - Definitions is replaced by the following: "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract "; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) Thal indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing. approving or failing to prepare or approve maps, shop drawings, opinions, reports, G- 18652 -1 (Ed. 07109) G- 18652 -I (Ed. 07109) surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. LANKET WAIVER OF SUBGROGATION The Transfer Of Rights Of Recovery Against Others To Us Condition (Section IV - Commercial General Liability Conditions) is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. Your work" included in the "products - completed operations hazard." However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement. and only if the contract or agreement: 1. is in effect or becomes effective during the term of this policy; and 2. Was executed prior to Toss. 23. IN REM ACTIONS Any action in rem against any vessel owned, operated by or for, or chartered by or for you will be treated in the same manner as though the action were in personam against you. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 POLICY NUMBER: 4034064790 COMMERCIAL AUTO CA 04 03 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, TEXAS ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: /BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKEFIS COVERAGE FORM WMh respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Tide endorsement changes the policy effective on the inception date of the policy unless another date Is Indicated below. Endorsement Effective: 05112/11 Named insured: Barcom Commercial, inc. Countersigned By Y SCHEDULE (Authorized Representative? Name and Address of Additional Insured: Any person or organization for whom or which you are required by written contract or agreement. (if no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) A. Who is An insured (Section If) is amended to include as an "Insured` the person(s) or organization(s) shown In the Schedule, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. B. The additional Ensured. named In the Schedule or Declarations is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. C. You are authorized to act for the additional Insured named in the Schedule or Declarations In ail matters pertaining to this Insurance. D. We will malt the additional Insured named in the Schedule or Declarations notice of any cancellation of this policy. II we cancel, we will give 10 days notice to the additional Insured. E The additional insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. CA 04 03 06 04 Copyright, ISO Properties, Inc., 2003 Page 1 oil POLICY NUMBER: 4034064790 V/ COMMERCIAL AUTO CA 20 89 Oft 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /TEXAS CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 09/12/11 Named Insured: Barcom Commercial, Inc. Countersigned By; SCHEDULE (Authorized Representative) Name Of Person(s) Or Organization(s):ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM tJS . YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Additional Premium] $soo (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To additional premium shown above, regardless of any Us Condition does not apply to the person(s) or early termination of this endorsement or the policy. organization(s) shown in the Schedule. We will retain the CA 20 89 06 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 POLICY NUMBER; 4034064756 Y COMMERCIAL GENERAL LIABILITY CG02051204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: ANY PERSON OR ORGANIZATION OF THIS 2. Address: POLICY LENDER A WRITTEN CONTRACT OR AGREEMENT. 1 3. Number of days advance notice:3 0 Information required to complete this Schedule, if not shown above, will be shown in the Declarations, CG 02 05 12 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 POLICY NUMBER: 4084064790 / COMMERCIAL AUTO CA 02440604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. / TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FOAM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by ihls endorsement, the provfsfons of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is Indicated below. Endorsement Effective: 09/12/11 Named insured: Barcom Commercial, inc. Countersigned By: Number of Days' Notice3 0 1 SCHEDULE (Authorized ReDresentattve]_ Of Parson Or Or�ization Ne City of Corpus Christi mn Engineering Services Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Address if this policy is canceled or materially changed to reduce or restrict coverage, we will mall notice of cancellation or change to the person or organization named in the Schedule. We will give the number of days' notice indicated in the Schedule. CA 02 44 0804 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 420601 (O0) — pot POLICY NUMBER: 4034064773 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas Is shown in item 3.A. of the information Page. In the evens of cancelatbn or other material change of the policy, we will man advance notice to the person or organization named in the Schedule. The number of days advance notice Is shown in the Schedule. This endorsement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. NUMBER OF DAYS ADVANCE NOTICE: 30 / 2. NOTICE WILL BE MAILED TO: �J CITY OF CORPUS CHRISTI ENGINEERING SERVICES CONTRACT ADMINISTRATOR P. 0. BOX 9277 CORPUS CHRISTI. TX 78469 -9277 BIUllllill i1I1IR1I I fff[1fl1III WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A (Ed. 1 -00) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies onty to the insurance provided by the policy because Texas Is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect 1e bodily injury arising out of the operations described In the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement Is shown In the Schedule. Schedule f . ( )Speciflc Waiver Name of person or organization (x )Blanket Waiver Any person or organization for whom the Named insured has agreed by written contract to furnish this waiver. 2. Operations: TEXAS OPERATIONS 3. Premium The premium charge for this endorsernent shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organizatlon(s) arising out of the operations described. 4. Advance Premium This endorsement changes the policy to which It Is attached and Is effective on the date Issued unless otherwise stated. (The Information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 09112/11 Insured Barcom Commercial, Inc. insurance Company WC420304A (Ed. 1-00) Policy No. 4934064773 Countersigned by