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HomeMy WebLinkAboutC2011-485 - 10/25/2011 - Approved2011-485 10/25/11 M2011 -239 Haeber Roofing Company S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R Joe Garza Recreation Center Re -Roof J.O.C. FOR Parks and Recreation Department CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -3461 Fax: 361/826 -3864 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 PROJECT NO: E11043 (Revised 6/27/99) JOE GARZA RECREATION CENTER RE -ROOF PROJECT No. 11043 Table of Contents NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B Worker's Compensation Coverage for Building or Construction Projects for Government Entities PART A - SPECIAL PROVISIONS • A 1 Time and Place -ef Receiving Propotals /Pre Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award /Explanation of Bid Items A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage Al 8 Faxed Proposals . A 9 Acknowledgment of Addenda A -10 Wage Rates A -11 Cooperation with Public Agencies A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 field Office (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and Certification 2 21 Project Signe A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required A -24 Surety Bonds A 25 Sales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance. Requirements A 27 Responsibility for Damage Claims (NOT USED) A 28 Ce nc -i-de- rations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -31 Amended Policy on Extra Work and Change Orders A -32 Amended Execution of Contract" Requirements A -33 Conditions of. Work A -34 Precedence of Contract Documents A 35 City Water Facilities Special Requirements, (NOT USED) A -36 Other Submittals (NOT USED) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Certifi ate of Occupancy and Final - Acceptance (NOT USED) A -40 Amendment to Section B -B -6: Partial Estimates A -41 Ozone Advisory A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As-Built Dimensions and Drawings A -48 Overhead Electrical Wires A -49 Amended "Maintenance Guaranty!' (8/24/00) A -50 Amended Prosecution and Progress A 51 Electronic Submittal of Bids (NOT USED) (NOT USED) 00) (NOT USED) A -52 Value Engineering A-53 Dust Contro]. (NOT USED) PART B - GENERAL'PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART D - FERERALLY REQUIRED LANGUAGE PART T - EXHIBITS SECTION 07550 - MODIFIED BITUMINOUS ROOFING PART W DRAWINCO NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Table of Contents Page 2 of 2 NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS �f NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof following amounts is required: TYPE OF INSURANCE 30 -Day Notice of Cancellation required on all certificates 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 AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED WORKERS' COMPENSATION EMPLOYERS' LIABILITY EXCESS LIABILITY PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants BUILDERS' RISK coverage in the MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE $2,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 $1,000,000 COMBINED SINGLE LIMIT $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B_6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under °description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS �J 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 -S2, 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 Ianguage 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 (8) 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 4of11 (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; (13) 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(4)(7) 'REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("cent f Cate')- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project. (subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with . the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity . which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project, "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 13. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract: D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. - E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage, 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and fling 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. 1 By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS .JOE GARZA RECREACTION CENTER RE -ROOF PROJECT NO. E11043 SECTION A - SPECIAL PROVISIONS Scaled proposals will be received in conformity with thc official advertisement invitiag bids for thc pojcct. Proposals will be received in 2-01 Leopard Street, until 2:00 p.m:, Wednesday, N /A. rroposaac mailed should be addressed in the following manner: GCccrctary' c Offico 1201 Leopard Street Corpus Christi, Texas 70101 ATTN: BID I.'ROL'osAL N /2. Z. pre bid mccting will be held on INCERT .DAY HERE, INSERT DATE HERE, beginning at INSERT TIME HERE. The meeting will convene at the Engineering Services Male- Confercncc Room, Third Floor, City Hall, 1201 Lcopard Ctrcct, Corpuc Christi, TX. and will include a diccuseion of thc project elements. If requested, a ^itc visit will follow. A -2 Definitions and Abbreviations Section B -1.of the General Provisions will govern. A -3 Description of Project THE PROJECT FOR THE FIRE STATION WAREHOUSE SLAB REPLACEMENT CONSISTS OF REPLACING THE CURRENT 3 1/x INCH SLAB AND CONSTRUCTING A NEW 18 NCH THICK REINFORCED CONCRETE WITH DOUBLE MATT OF #5 REBARS. This will be done by sawcutting the existing concrete and removing it while excavating additional material to allow for the increased thickness. This will accommodate the weight of the emergency vehicles and will allow for maintenance and repairs. A -4 Method of Award The contract is awarded established through the use A -5 Items to be Submitted as a Job Order Contract (3.0.C_) and prices of RSMeans cost pricing. with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Muot reference rrojcct Name ao identified in the Proposal) (A Cashier's ChccIG, certified check, money order or bank draft from any 2. Disclosure of Interests Statement 3. Submittal of Materials Section A _ SP (Revised 12/15/04) Page 1 of 24 A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 60 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer ") to proceed. For each calendar day that any work remains incomplete after' the time Specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 p er calendar day will he assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the . requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the. Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A 8 Faxed Propooalo A 9 Acknowledgment of % ddcnda appropriate cpaee provided ka the proposal. Failure to do co will be Section A - SP (Revised 12/15/04) Page 2 of 24 rcoponsiblc biddcr. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for building construction. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Mueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rate: to all laborers, workmen, and mechanics employed by then in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calenr7ar 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 mast keep an accurate record Showing the names and classifications of all laborers, workmen., and mechanics employed by then in connection with. the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer_ The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly_ (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (130 times the specified hourly wage [mast be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 cooperation with.. Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency When work is anticipated to proceed in -the vicinity of any facility by using the Texas One -Call System 1- 800 - 245 -4545, the Lone Star Notification Company at 1- 800 - 669 - 8344, and the Southwestern Bell Locate Grog at 1- 800 -828 -5127. For the Contractor's convenience, the following telephone nuts ers are listed. City Engineer Project Manager A/E O31SULTANI' - BNB maavEnzu Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP SBC City Street Div. for Traffic Signal /Fiber Optic Locate Cable-vision ACSI ( Fiber Optic) IMC (Fiber Optic), 361- 826 -3500 361- 826 -3550, 826 -3594 361 -991 -2226 880 -3540 882 -1911 857 -1881 857 -1800 885 -6900 826 -1875 826 -3461 826 -1970 1- 877 - 373 -4058 (693 -9444 after hours) 881 -2511 (1- 800 - 824- 4424,after hours) (880 -3140 after hours) (880 - 3140 after hours) (885 -6900 after hours) (880 -3140 after hours) 826 -1946 857 -5000 887 -9200 813 -1124 857 -1960 (857 -5060 after hours) (Pager 800 - 724 -3624) (Pager 888-204-1679) Section A - SP (Revised 12/15/04) Page 3 of 24 ChoiceCom (Fiber Optic) 881 -5767 (Pager 850 -2981) CAPROCK (Fiber Optic) 512- 935 -0958 (Mobile) Brooks Fiber Optic (MAN) 972- 753 -4355 A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer.. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractors responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working. driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or Section A - SP (Revised 12/15/4) Page 4 .of 24 mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of • debris, caliche, asphalt, concrete and any other material that detracts from .its appearance or hampers the growth of. grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted_ All necessary removals including but not limited to pipe; driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. 2i 17 Field Officc NNT USED Thc Contractor must furnish the City Engineer or his representative with a u - 120 sq are feet of u;eablc epacc. Thc field office must be air conditioned 1 act 30" x 50" and two (2) chairs. The Contractor shall move thc field office on thc site as required by the City Engineer or hia representative. Thc field office mutt be furniahcd with a tcicphonc (with 21 hour per day separate pay item for thc field office. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALEMAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial - Construction Progress Schedule for review. Section A SP (Revised 12/15/04) Page 5 of 24 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5.. Periodic Update: .Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc_ that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. supporting measurements as required for thc City or Consultant Project existing and proposed, for the purpooe of adju.s-ting valves and manholes at thc completion of the paving process. Alco, the City or Censultant P jee personnel for thc purpose of asoisting thc measuring of the completed work. Thc Contractor shall pre-elele the following ccrtifi ation for documentation by a Third Party independent Registered Profc sional Land Survey (R.r'.L.S.) liccneed in the state ef Texas. retained and paid by the Contractor. Thc Third Following is thc minimum schedule of documentation- required. Streets: • Ail curb returns at point of tangency /point of circumference • Curb and gutter flow line both side❑ of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. Waotcwatcr: • All rim /invert elevations at manhole..; • All intcroccting lines in manholes; • Casing elevations (top of pipc and flow lime-) (TXDOT and RR permits). Section A - SP (Revised 12/15/04) Page 6 of 24 Water: s All top of valves box; V Ives lts rim; .-Casing clevation; (top of pipc and flow line) (TXDOT.and RR permita). Ctormwatcr: 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. Thc Contractor muot furnish and install 1 Project aigno as indicated on thc fallowing drawings. (Attachment IV) The ❑igno mutt bc installed before thc Contractor. Thc location of thc eigne will bc determined in the field by thc City Engineer. A -22 Minority /Minority Business Enter rise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1909, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a Prime Contractor: Any person, association or joint venture as awarded a City contract. b. Subcontractor: Any named person, association, or joint venture as work, labor, services, supplies, combination of the foregoing under on a City contract. c. • firm, partnership, corporation, herein provided which has been firm, partnership, corporation, herein identified as providing equipment, materials or any contract with a prime contractor Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons Section A - SP (Revised 12/15/04) Page 7 of 24 include Blacks, Mexican - Americans and .other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments .from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed business enterprise, it must be owned by person. a minority a minority (b). For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at interest in the corporate minority least 51.0% of the assets or shares must person(s). 2. Controlled be owned by one or more The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders ;• of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d.. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. Section A - SP (Revised 12 /15/04) Page 8 of 24 3. Goals a. The goals for participation by minorities and Minority Business• Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45. % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4_ Compliance Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and rcady for occupancy. Contractor Must •• - -- - - - Occupancy, when appli able. Section B -6 -2 of the General'Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: ',No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety. Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (1090 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 Section A - SP (Revised 12/15/04) Page 9 of 24 the bond amount that exceeds ten percent (10s) 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 (10W) 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 Salca Tax Exemption (NOT USED) following cubotitutcd in lieu thereof. thc Contractor elects te operate under a acparatcd contract as defined by Ccction 3.291 of Chapter 3, Tax Admiistration of Title 31, Public Finance of thc Texan Administrative Code,' or ouch other rules or regulations ao may be If thc Contractor elects' to operate under a separated contract, he cha.11. Other Chaff' in the prepecal form the cont of matcrialc physically incorporated into thc rrojcct. '. Provide the City with copies of material invoiccc to cubctantiatc thc If the Certraoter deec set elect -te operate under a ccparatcd contract, ho Cubcontractorc are eligible for caIec tax exemptions if the subee tractor innucs a rcdalc certificate to hie supplier. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: section A - SP (Revieed 12/15/04) Page 10 of 24 In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at 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. io amended to include: coats fleece-eery to procure ouch Builder's:3 Rink or Iantallatioa Floator Section A - SP (Revised 12/15/04) Page 11 of 24 Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed agaiact bidder for either failure- to within the preceding two (2) ycarc . The bidder ohall specify the name any such lion hac not been rcl aced, thc bidder shall state why thc claim haw not been paid, and other authorized party, specifying all current assets and liabilitico. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the jab site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least fie (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 acquirements 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 Section A - SP (Revised 12/15/04) Page 12 of 24 Contract_ If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in_ its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. . A 30 Amended "Congidcration of Contract" Requirements proposals, thc throe (3) apparcnt lowest bidders (based on thc Banc Bid only) Major component of thc work; 1. A schcdulc of anticipated monthly payments for thc Projcct duration. The namcs and addrez ca of MBE firma that will participatc In the Contract, along with a description of the work and dollar amount for CO by fcdcral agcncic: or signed affidavits from the MBE firms., that ouch will bc required if thc Contractor in an MBE. If the rcoponoco do not cl arly chow that MBE participation will meet the rcquircmcnto above, thc biddcr must cl arly dcmonstratc, to the oaticfaction of thc City rcquircmcntn but that meeting ponniblc. such requircmcnto is not rcaoonably G. A list of subcontractors -that will be working an the Project. Thin lint may contain morc than one subcontractor for major components of the work if the Contractor tan not completed his evaluation of which subcontractor will perform the work. approval by the City Engineer of all of its cubcontractoro prior to beginning work on thc Project. If thc City Enginccr doss not approve all proposed subcontractors -, it may rescind the Contract award. In the cvcnt that a subcontractor previously listed and approvcd is nought to bc nubstitutcd for or replaced during thc term of .the Contract, them thc City Engineer rctainc thc right to appreve any nubntitutc or replacement subcontractor prior to its participation in thc Projcct. Cuch approval will not bc givcn if thc rep cement of the which to annul thc Contract purcuant to section 'B 7 13; major componcnto of the work. The final progresn achcdulc must be aubmittcd to thc City Enginccr at thc prc construction conference; Section A - SP (Revised 12/15/04) Page 13 of 24 Contractor's Field Adminiotration staff. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Order 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 "Ekecution of Contract" Requirements Under "General Provisions and Requirements for Municipal .Construction Contracts" 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 dPl_ivers 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 A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. Section A - SP (Revised 12/15/04) Page 14 of 24 A. Visitor /Contractor Orientation Prior to performing work at any City watcr facility, the at a Visitor /Contractor Safety Orientation Program conducted by the City Water Dcpartmcnt Personnel. A Visitor /Contractor Eafcty Orientation Program will bc offered by authorized City Watcr - -__ _- _ -_ - = cons who do not have ouch a curd, and who desire to perform any work within any City watcr facility. Thc Contractor shall not start, operate, or atop any pump, motor, rclatcd to City water facility at any tune. 1.11 ouch items macs bo operated by an operator or other authorized maintenance cmploycc of the City Water Dcpartmcnt. C. Protection of Water Quality all timc Thc Contractor shall protect thc quality of thc water in thc job site and shall coordinate its work .v,Ttla the City Watcr D. Conformity with 2NCI /NSF Ctandard 61 transportation, rcin tallation, and inspection of pumps, or any ,ther items, which could come into contact with potable water, must - Sanitation Foundation (ANSI /NSF) Standard C1 as dc.;cribcd in the • Such matorialo include all solvent-c, cicanera, lubricants, ga °kets thread compounds, coating°, or hydraulic cgaipmcnt. Those itcmo hunt be - ..c tune°° they .conform with ANSI /NSF Standard 61 and personnel immediately prior to usc. proof of 21NCI /NSF Standard 61 approval for all materials which could comc into contact with potable watcr. All trash generated by thc Contractor or his employees, agents, or subcontractors, must bc contained at all times at thc watcr daily. Section A - SP (Reviaed 12/15/04) Page 15 of 24 than orangc, blue, or white. Each employee uniform muot provide must provide own sanitary facilities.. dccignatcd by City Watcr Department staff. All Contractor vehicles must be clearly labeled ,-ith company namc. No privatc employee vehicles arc allowed at O. N. stcvcno Watcr Trcatmcnt I1ant. All contractor employees must not leave thc designated conotruction cvacuation. ACQUIC TION) Any work to the computer based monitoring and control system moat be performed only by qualified tcchnioal and cupervioory peroonncl, work includes, but ±.c not limited to, modifioationo, additions, changca, selections, furnishing, installing, connecting, programming, customizing, debugging, alibrating, or placing in operation all hardware and /or software specified or required by these cpccific4a.tiono. The Contractor or hie subcontractor proposing to perform the SCAM work must be able to dcmonstratc thc follewing:. and control oyatcm buoincoo, preferably as applied to tho . municipal water and wastewater inductry. 2. X c has performed work on systems of comparable size, typc, and complexity as required in this Contract. on at 1 aot thrcc prior projccto. 3. IIc has been actively engaged in thc typc of work apccificd heron for at least 5 ycars. 1. IIc cmploys a Registered Profcooional Engineer, a Control r 6. perform the work required by this cpecificationo. IIo cmploys personnel on this Projcct who have successfully coftwarc propoocd for thc Contract. He maintains a permanent, fully specified herein. staffed and equIpped not practical, all equipment of a given type will be tho product of one manufacturer. Section A - SP (Revised 12/15/04) Page 16 of 24 S. Plant will bc used in evaluating which Contractor or 5. The Contractor shall produce all filled out programming required, to add these two cyctcmc to the existing City SCAPA cystcm. Attached is an example of the required pregramm&ng blocks which thc City rcquircc to bc filled in the programming phase. The attached nhcct in an cxamplc and is not intended to chow all of the required nhcct :. The Contract will provide all programming blocks used. L. Trenching Requirements All trenching for thin project at the 0. N. Stevens Water Treatment rlant shall bc performed using a backhoc or hand digging due to the number of existing underground obstructiono. No trying ma ie° A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproduciblen: In addition to thc required copies, thc Contractor shall alto submit one (1) reproducible transparency for all shop drawingc. 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 tnark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. Section A - SP (Revised 12/15/04) Page 17 of 24 h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. J• Resubmmittals: Contractor. must .revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2 Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. Under " Ceneral Previ ions and Requirements for Municipal Conotruction Contracts ", D "'T'he Contraetor must comply with the City of Corpus Christi's Water Conoeratien and Drought Contingeney Plan an amended (the "Plan "). This conditions. The City Engineer will provide a copy of the flan to Contractor at the pre conctruetiex meeting. The Cont -weer will kccp a copy of the clan 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. i ..uancc of a certificate of occupancy for improvements does not A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts l 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. Section A - SP (Revised 12/15/04) Page 18 of 24 A -41 Ozone Advisory NOT USED Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection .therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or-omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 ,Change Orders Should a change order(s). be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.) This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As . a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. Section A - SP (Revised 12/15/04) Page 19 of 24 (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A 16 Disposal of Highly Chlorinated water (7/5/00) NOT USED in thc crater, particularly high levels o ehlorine, will be used for ay—;tor disposal of highly chlerinatcd water. Contractor shall not use thc City'-s sanitary :ewer system A 17 rrc Construction Exploratory Excavations (7/5/00) NOT USED i'rior to any construction whatever on the project, Contractor shall -CMCD.Vate proposed pipelines of the project and Contractor shall survey thc exact pipeline. proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 feet O.C. and Contractor ..hall survey 300 feet maximum O.C. Contractor shall then prepare a report and submit it to the City- for approval eleva-tiens of the top of existing pipelines. Contractor shall perform no construction work on thc project until all A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Section A - SP (Revised 12/15/04) Page 20 of 24 Contractor shall coordinate his work with CP &L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or .termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization / remobilization costs. Such costs shall be addressed through a change order to the contract." J 51 Electronic Submittal of Sides The following paragraph modifies Paragraph B 2 7 Preparation of Proposal, • lieu of, thc Proposal (SHEETS: 1 THRU 13 OF 13), INCLUSIVE. The print out Attachment 1. signature, after thc last bid item: (Contractor) herewith certifies that the unit prices shown on this print out for bid items (i^ 4.g any additive or deductive alternate.) contained in this proposal Section A - SP {Revised 12/15/04} Page 21 of 24 (Signature) (Title) (Date)" A -52 Value Engineering The Contractor's attention is directed to paragraph B-4-5 Value Engineering Incentive Procedures, of the General Provisions, which states: . "After award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP'S) identify potential reductions in the contract cost by effective changes to the contract plans and specifications." Therefore, the Contractor shall fully examine the plans, specifications and contract documents, as well as the project location, construction phase schedule in Appendix C, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major items involved in the scope of the project to judge for itself the circumstances and difficulties affecting the work to be performed and obtain all information required to make an intelligent proposal. The Contractor's attention is further directed to paragraph 3-2 -3 Examination of Plans, Specifications and Site of the Work, of the General Provisions. In other words, the Contractor shall complete it's proposal to the best of it's ability, as currently provided. A -53 Dust Control Contractor shall surfaces subject a chemical dust in transit shall take reasonable measures to prevent unnecessary dust. Earth to dusting shall be kept moist with water or applications of suppressant. When.practicable, dusty materials in piles or be covered to prevent blowing dust. 2-51 _Dcwci ri g Qna D_epee- 1 This item shall be considered subsidiary to the appropriate bid items where flow is to pump storm water to an area where ponding occur naturally without storm water system. Sheet flow and ponding is to allow solids screening and Ctorm water or groundwater shall not be discharged to private pepety without permi pion. It is thc intent that Contractor diochargo groundwater primarily into the cxi.oting Dtorm water ayatcm, provided that the quality of groundwater is cqual to or better than the receiving otraam (ono Creek). Testing of groundwater quality is to be performed by City, at thc City's City's expense, a minimum of once a week. Thc Contractor shall coordinate of construction is otartcd. cicys- tefa---41- discharging to tcmperary Section A - SP (Revised 12/15/04) Page 22 of 24 holding tanks and -trucking to a sanitary cower cystcm or wastcwatcr plant, the coots for thccc operationc shall be ncgotiatcd_ Other groundwater disposal alternatives or solutions may be approved by the Engineer on a ace by case baw1c . Contractor mall contact Tilo Cchmidt, Wastewater Prc treatment Coordinator The permit will require an estimate of groundwater flow. Croundwatcr flow can be estimated by boring a hole or ex avating a short trench then rccord watcr level shortly aftcr complction, allow to oit over night, rccord water • level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and ovcrnight level. Section A - SP (Revised 12/15/04) Page 23 of 24 SUBMITTAL TRANSMITTAL FORM PROJECT: JOE GARZA RECREATION CENTER RE -ROOF; PROJECT No. E11043 OWNER: CITY OF CORPUS CHRISTI ENGINEER: CONTRACTOR: HARDER ROOFING SUBMITTAL, DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 24 of 24. AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 25TH 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 Haeber Roofing Company termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $138,172.27 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: JOE GARZA RECREATION CENTER RE -ROOF JOB ORDER CONTRACT - PROJECT NO. E11043 (TOTAL AMOUNT: $138,172.27) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 60 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun-2010 ATTEST' City Secretary APPROVE ' A LEGAL FORM: By: Asst. City ` torney AT EST: (If Corporation) I Below (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF C • RPUS CHRIS 1 By: Juan '"rates, Jr.,P Assistant City Manger Public Works, Utilities, and Transportation By: Pete naya, P.E. Director of Engineering Services CONTRACTOR Haeber Roofing Company Title:GV'e ,.S 2833 Holly Road (Address) Corpus Christi, TX 78415 (City) (State)(ZIP) 361/851 -8142 *361/851-8062 (Phone) (Fax) AU HORII.L awe _Al- SECRETARY, Page 3 of 3 Rev. Jun -2010 1 ,. 2833 Holly Road Corpus Christi. Texas 78415 Gracie Mesa HAEBER ROOFING COMPANY COMMERCIAL & RESIDENTIAL - ESTIMATES August 19, 2011 (861) 851 -8142 Fax (861) 851 -8062 Ref: Joe Garza Gym Re -Roof Corpus Christi, Texas We propose to furnish the necessary labor, material, supervision and all taxes and insurance to do the work in accordance with the following sections: We will remove the existing roofing and 1/8" per foot tapered insulation down to the deck and dispose of the roofing debris properly. We will then install new 118" per foot tapered polyisocyanurate insulation and a'12" coverboard all set in hot asphalt. The roofing system will be a modified bitumen smooth base sheet and a modified bitumen fire rated granulated cap sheet set in hot asphalt. The flashing system will also be a two ply modified bitumen system. All sheet metal will be custom shop fabricated from 24 gauge preflnished steel with a "KYNAR 500" finish. Price. $ 138,172.27 Note: The above price includes the city of Corpus Christi building permit fee and landfill fee. We will have a registered engineer inspect the roof for windstorm certification. TERMS OF PAYMENT: Cash without discount upon completion on all work started and completed in one calendar month. On all other work: On the 10th of each month, 90% of the contract price of all materials and labor furnished during the preceding month Is due and payable; balance on completion of contract, unless work Is temparadly Interrupted of its completion is delayed by you, then said balance shall immediately become due and payable. Only Items or work specifically listed above are included In the contract price. All amounts payable under this agreement are payable In C.C: Nueces County, Texas, and all past due amounts shall bear Interest at the rate of ten percent per annum. Haebar Rooting Company shall complete Its work as soon as reasonably possible; however, delays caused by weatr, labor or material shortages or pertonnance of other contracts of Haeber Roofing Company shall extend the 1me for completion of the work by Haeber Roofing Company. Our acceptance of contract subject to approval of our credit department. This proposal In duplicate, wham signed by you will constitute a contract under the laws of the State of Texas and shall be so construed. Thls proposal subject to acceptance within ten days. Respectfully submitted Accepted Date By UMW HAEBER ROOFING COMPANY PERFORMANCE BOND STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. TXC93605 That Haeber Roofing Company of the City of Corpus Christi , County of Nueces,, and State of Texas , as principal ( "Principal "), and MERCHANTS BONDING COMPANY (MDTUAL) , a solvent company duly authorized under the taws 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 HUNDRED THIRTY -EIGHT THOUSAND, ONE HUNDRED SEVENTY -TWO AND 271100 U.S. Dollars ($138,172.27 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 25TH 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: JOE GARZA RECREATION CENTER RE -ROOF JOB ORDER CONTRACT - PROJECT NO. E11043 (TOTAL AMOUNT: $138,172.27) 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 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 7TH day of DECEMBER 20 11 . PRINCIPAL HAEBER R By: Title: Pre-s.k FING COMPANY Address: 2833 HOLLY ROAD SURETY MERCHANTS BONDING COMPANY(MUTUAL) By: Address: 8303 N. MOPAC, STE B 400 CORPUS CHRISTI, TEXAS 78415 AUSTIN, TEXAS 78759 (Rev. Date May 2011) Telephone: 512- 343 -9033 Fax: 512-343-8363 E -Mail: sbaker@merchantsbonding.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: RANDAL M. LEE Agency: sWANTNER & GORDON INSURANCE AGENCY Address: 500 N. SHORELINE, SUITE 1200 (Physical Street Address) CORPUS CHRISTI TEXAS 78401 (City) (State) (Zip) Telephone: 361 -883 -1711 E -Mail: rmlee @s- gins.com 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 PAYMENT BOND STATE OF TEXAS COUNTY OF NUECES § BOND No. TxC916O5 KNOW ALL BY THESE PRESENTS: That Haeber Roofing Company of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ( "Principal "), and MERCHANTS BONDING COMPANY (MUTUAL) , 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 HUNDRED THIRTY -EIGHT THOUSAND, ONE HUNDRED SEVENTY -TWO AND 27!100 U.S. Dollars ($138,172.27 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 25TH 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: JOE GARZA RECREATION CENTER RE -ROOF JOB ORDER CONTRACT - PROJECT NO. E11043 (TOTAL AMOUNT: $138,172.27) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and .agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Payment Bond Page 1 of 3 r 1 1 1 1 r 1 1 1 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 7TH day of DECEMBER , 20 n. PRINCIPAL HAEBER By. Title: 014. ING COMPA TOMPr41,-". Address: 2833 HOLLY ROAD CORPUS CHRISTI, TEXAS 78415 (Rev. Date May 2011) SURETY MERCHANTS BONDING COMPANY (MUUTAL) By: • Attortn -fact MARY ELLEN MOORE Address:8303 N. MOPAC, STE B 400 AUSTIN, TEXAS 78759 Telephone: 512 - 143 -9033 Fax: 512-343-8363 E- Mail: sbaker@merchantsbonding.com Payment Bond Page 2 of 3 Name and address of ResidentAgent of Surety in Nueces County, Texas, for delivery of and service of process: Name: RANDAL M. LEE Agency: SWANTNER & GORDON INSURANCE AGENCY Address: 500 N. SHORELINE, SUITE 1200 (Physical Street Address) CORPUS CHRISTI, TEXAS 78401 (City) (State) (Zip) Telephone: 361- 883 -1711 E -Mail: rmlee @s- gins.com 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 MERCHANTS NATIONS BONDING COMPANY BONDING COMPANY POWER OF ATTORNEY Bond No. TXC93605 KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein coltectively called the "Companies"), and that the Companies do hereby make, constitute and appoint R. M. Lee, Mary Ellen Moore, Tami 7. Duncan, Cathleen Hayles and/or Steve Addkison of Corpus Christi and State of Texas their true and lawful Attomey -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION ($5,000,000.00) Dollars and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attomey -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attomey is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19, 2003. The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 18th day of January , 2011. STATE OF IOWA COUNTY OF POLK ss. • •'G Cp, . A• ;�O.Op.l�0q .q• • • CO 9." :yc • sa . ti. = -o- ` T. . • • L: 1933 .- Q.; • .y - A• MERCHANTS BONDING COMPANY (MUTUAL) NATIONS BONDING COMPANY By President z, On this 18th day of January 2011, before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POLK ss. �+�. CINDY SMYTH Commission Number 173504 ow. My Commission Expires March 16, 2012 Notary Public Polk County, Iowa I, Wiliam Wamer, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING 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 still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 7TH day of DECEMBER, NBC 0103 (1/09) • opt G CO/171 ;piPo °q• •t :Z -o- tn: • • ,t'• 1933 •• c; • • t • Secretary 2011 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toil -free telephone number for information or to make a complaint at: 1 -800- 678 -8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights c complaints at: 1- 800 -252 -3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -main: ConsumerProtection @tdi_state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (7107) 1 0 0 MMINE City of Christi SUPPI.IERNUMBER TO HE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every uestion must be answered. If the question is not alicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: HAEBER ROOFING COMPANY NONE 2833 HOLLY ROAD FIRM IS: 1. Corporation 4. Association CITY: poRPUS 2. Partnership 5. Other CHRISTI ZIP: 78415 3. Soie Owner Q DISCLOSURE QUESTIONS If additional space is necessai, 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 !mown) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NIA 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 NIA 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 subject above named "firm." Name Consultant NIA 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 Ordmance 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 prom tl r submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: SHARON RU (type «Prim) Signature of Certifying Person: Title: PRESIDENT DEFINITIONS Date: DECEMBER 4, 2009 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g• "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. A vg °� . CERTIFICATE OF LIABILITY INSURANCE °P ID= TERE DATE (M.MIDWYYYYi 12/07111 j THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERT[F1CATE 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terrns and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rigs to the certificate holder in lieu of such endorsement(s). PRODUCER Swantneer 8 Gordon Ins Agcy -CC A Higginbotham Company PO Sox 870 Corpus Christi, TX 78403-0870 Steve Addkison INSURED Haeber Roofing Company 2833 Holly Rd Corpus Christi, TX 78415 COVERAGES 361 -883 -1711 361 - 844-0101 CERTIFICATE NUMBER: CONTACT NAME INNCC.No Extl: 361 -883 -1711 ADDRESS: E-MAIL CUSSTTOMER ID rM• HAEROCI Lra c so: 361 - 844 -0101 INSURERS) AFFORDING COVERAGE INSURER A : Navigators Specialty Ins Co INSURER B : Crum & Forster Specialty Ins INSURER c : Republic Underwriters Ins Co INSURER 0 : Texas Mutual Ins Co INSURER E : Republic Lloyds NAIC 36056 44520 24538 INSURER F • 22945 19208 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR INSR WO POLICY NUMBER GENERAL TYPE OF INBURANC'' LIABILITY B C X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE l X I OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X 1 jEGT n,LOC AUTOMOBILE LIABILITY a X A X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GLO211538 POLICY EFF POLICY EXP LMYIDDIYYYYIIIMMJDD1YYYY1 LIMfr$ 05101/11 05101/12 EACH OCCURRENCE PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG HAP550716701 05/01/11 05/01/1.2 AzF COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 $ 50,000 $ Excluded $ , 1,000,000 $ leir 2,000,000 $ 2,000,000 $ $ ,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident] PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR ', ELCESS LAB x OCCUR CLAIMS -MADE DEDUCTIBLE X RETENTION $ 10,000, / WORKERS COMPENSATION t" AND EMPLOYERS' LJABRITY D ANY YIPRROPRI BER ARTNEER/EXECUTIVE (Mindetery in NH) If yes describe under DESCRIPTION OF OPERATIONS below E Installation Floater YIN 0 NIA HO11 UMB725756IC TSF0001144150 CMP550716601 05101/11 0510911,2 V 05/01/11 05101112 05/01/11 05/01/12 DESCRIPTION OF OPERATIONS! LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) Project# E11043: Joe Garza Recreation Center Re -Roof The work Comp, General Liability, Auto & Installation Floater policies include an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days for non - payment. CERTIFICATE HOLDER EACH OCCURRENCE $ AGGREGATE $ $ /3,000,000 irk 3,000,000 X W STATU- { OTH- TOC RY U ! ER $ E.L. EACH ACCIDENT E.L DISEASE - EA EMPLOYEE E.L DISEASE - POLICY LIMIT Limit Ded. $ 1,000,000 $ ▪ 1,000,000 $ 1,000,000 7,000,000 , 1,000 CANCELLATION City of Corpus Christi Engineering Services Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 CICC -CO 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 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserve The ACORD name and logo are registered marks of ACORD N OTEPAD: HOLDER CODE CICC -CO INSU ED'S NAME Haeber Roofing Company HAEROCI OP ID: TERE rtif . a appo licableto Wor Com 1 iWC420304A 0100), General 1„iabil�ty (CG240410/63) & Auto (CAR002 07102). Ad ditional insured as required by written insured contract in favor of Ce rtificate Holderapplicable to eneral Liability (CG2010 07104 for CRC inng operations) & (CG2037 07104 for completed operations) and Auto POLICY NWNEIDE GLO 211538 cnNNERCHIL GENERAL UAINILDT 0328374704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADOmONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS "exthissalent modass ineuranas oraaaed under the slowing COMMERCIAL GENERAL UAetITY COVERAGE PART SCHEDULE Name Of Addl■.nat I nerved Prr.m.(y Ord Looses. And O..a1Ml..Or C•.ePleted ors, . AS REQUIRED SY Norm CONMACs AS REOUIR® CONTRACT Intninglon nanalad baan.lele this &iodide, 4 not shown 'bona ad be sham in the a.mraMons. Swaths M _ Mee le A. lem.i.d is an andsd laded. as an addS.aa1 Imwnud the paniaMe1 a orgisiesion(s) sheen as the saiedub. but cnlf rte, mind 1000N far IhmlIT *NW or 'Meth dams* rausit le whether hi Pmt b!t'yaewmrlr at the location dear and demoted in the addli__ et Ibi a ndotso tar that +nc3+ded In M *products. carotid apetab nehaunt CG 20 3T 4Y 04 0 ISO Prap.rli.N hie. 2004 Page 1 d! roue MEER: GLO 211538 V Cringer:Weer FHIS BOITc$ffiIIGnu POUCY. PIM= READ IT CARINIALY. "PRMIARYMON4ONTRIOUTCRY. ENDORSEMENT This endorsement. =dam liouroons peouided under the toberivinix COMMERCIAL GENERAL MIKITY COVERAGE PART PRODUCTIIICOMMEIIM orawnotas LIARILITT COVIRAGR PART a is undersioodsind aped Ihit as* kimonos as provided* this poky is nodded and subject to the folosing ptovisiens such Insurees Is is tinseled by this policy err the bens gil et lb* Additional Morel sisal bs Orrery ilisesseo es mesas are chin. Wes or Meer arising drawly bons the Nand inward opsoadons and am ineutance maintsised by the/Milking hisised shell to tos:ess on* noo-aonbibutery ebb the insurance. preided hotels. As required* weirs mired (Dordiatd CFSGL 120 (06011) POLICY SWAIM GLO 211538 CWAtEIlCIALGENERAL U aLj y Ca201.07011 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. /ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION TjHs enarssnind modifies ins iraia0 pasidsd under Vi. foblrin(ic C01441ERCIN. GENERAL LIANILMI C0VIMAGE PART SCUD Nano or 1lddlresd psi Pena*, Or Ogpmeltstionlea telflf Conner ooarilsrn AS RECIUSIED BY mums CONTRACT AS SUMMED fiTelvtrnS1 CONTRACT ++Maa.11on rewired b oonniete the &hands 4 not yawn Amara bantam In the o.dsrall na + A. Sallee 0 – YMhe le Aw Insured is amended to • inciuds am arh eddlamel based She persa (s) or mar respect lo MOW a sham oamialians) "praperly ammo" or 'persona and advertising inlay caused. iR rdmisarin Part bit t. Your ate or embeirst o ar 2. The ads or omissions 01 Soso acting an wont bshalt in the performance of your angrier opma ions for ineumard at Ste Iosarai i) dasig. CG 20100T 04 D. With renpsrt to the huehanps Worded to Muse akillond lemmas. the btnwry abalone' f erAs- Ilds Ierunooe dose ant apob "Mb aline ar properly occurrent Mir 1. lit rerlC intending nienneiq parts or en"- merd lianislisd hi cone Ltion rrf■1 such ovtln, swim mantenince or or maser la perfu r ir d by or at behalf al Me addicted irmturoda) Wagon ihir camel apsr_ilens hss bees complelea of • 2. That portion of yarn mar out of which the rosy or damps arises has been put to its in- tended use by any Perm or °commission odor then enabler oentrador ar subcontractor mooed in d far a pinoi. the SNOW project, pa ass 0130 Paperdr% inn;. 2004 Pagel W1 1] FOXY GLO 211538 °� COMIERCIAL L W►WLfl'Y CHANGES THE �y/y ��� PLEASE �� p�� /� CG 24 W 10 The �� rVuc �. PLEASE READ I f CARER/LILY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This sedorenrant media h xane@ provided under OO. Mowing COMPAERCUIL GENERAL MAMMY COVERAGE PART Nen of Panes a 4apsetterken As required b , en camas. SCHEOUtE Of a isqu + 10 aanpl.l. N M , he shown it e�. pa�yp� The 'TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Candice (Section it — GEMRGi MORAY CONDITIONS) is a.naidsd IN the additiv d ti lollorrigc bemuse py 00 re every we hare or orgunn Ilion shows in Me Schedule dm* a►denree saving out of your.tgoing opaarorw or undw a corked wily OW petiole or organisalion .led included in Ihelsredttotirco pl.hnii opendlons isstenr. Thu w.iwr appiaa aniy Io the person or aq..ir liar shwa In m. Schedule shwa C0 24 04 11 13 CapyrN insurance Service. Oka Inca 1992 Page 1 si 1 POLICt italtiBEK: BAPS5Q7 1601 Blanket Waiver of Sub This andnansuntelwatpe Ihn poesy. Pima oval It ainnedl. 10I0111madies imam provided under 11111 pji liesbuse Abte COMMIS IFO011 t=""i's Mem f i n d by cennant. Loss Condemn A-3.. Transtnrci Natal of Roonwny Awl* Ohms is Us'. don not app* Ilispentans at onpnnallons am an Ms wigs Oro Worm or the *pont CA R002 OZQ Paget fit POLICY : 78AP550716 01 G Reef de S7 THIS Er1DOR$EMENT CHANGES ;f1E POLICY- PLEME READ IT CAR UULY. {ADDITIONAL. INSURED The esidorseserrt modifies it uneioe preuided undid t s lioMoWi as BUSINESS AUTO COVEFORAGRM E FORM GARAGECOVPGE mum CARRIER COVERAGE FcRu /ROCKERS COVERAGE FORS. Wth Bed respect S t by the endorsement the prorieiere d the Commis Form appry unless morel. below .g Omegas the palmy WMucas an the ino.plrarr Ms d the policy unless amber deb is i____ "Any certificate holder or other party who is required by written contract, agate :neat or p*nsit to be added as an Additional Insured to the named insured s Automobile Liability coverage. Certificates of Insurance with names and locations ars on file with your agent." ofappose endorsement) regtnrd at c+omplw 111* endorsement vale ba shoran in the gars.* A. Who Is M lammed (Sedipn Ill is amended to 'Medi as an'Iniured the peepri4sl ar Halle) shown in the Scheel" but emir wih w- to r their Mebilttb►Megiltgr for sets a arimitar at Liable* a indeed* * poic t �• ie Waned R The additional insured named in the Sdred.As or tion not required to pay for an prmi• urns * in Y Any Mum premium and any named ham d p___ 6*, dectuad gr us shad epeid � d apps C You are authorized to adds the additions, insured named in the Schedule at Oe ematione in ad met- tors paneling to ttie ieurarww O. We ,nil nee the Malian* inane neared it rife Scheme or iticratirne notice d mu cancels. San d this poihm se mu*, wee ad dem Mica additional the adpnal is ire 10 IL The additional ineuesd nand it the scheewle.pr aWreliome vein ratan isp right d mommy as a claimant under this policy: CA 8041 IS tit? copyrighted mo- d d inawarrce Services albs, Inc.. wet es panaissise Pagel of i D POUCY NUMBER; GLO 211538 ,' COMMERCIAL GENEMAL LABILITY 03 0205 12041 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement mortifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 'I LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LLABLITY COVERAGE PART POLLUTION LIABILUY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABIUTY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the Brent of canodetion or malarial change that reduces or restricts the insurance afforded Gy This Coverage Part we agree to mad prior wrilan notice of cancellation or material change to: SCHEDULE 1: Name: Fulton CowelructioniCoastcon Corporatie#, A Joint Ventura PO Bon MS Coigns Ch.I.A TX 71411 Harvey Hlaaow Enterprises, LLC 10141 highland Reed B abe Rape. LA 70810 Ilaraha8 Company PO Bart 4815 Corpus Christi, TX 75168 Win, Mo. PO Boa 571 Corpus Chdsa, TX 76403 SafeNst Semites, LLC PO Box 181081 Carpus Christ TX 71415 Teal Conebndlon Company 1111 B 0137 Corpus Chase, TX 78407 J E Dunn — South Central, Inc. 35008. Gsssnsr, Suite 200 Houston, TX 77083 CG 02061204 O ISf3 Properties, Inc., 2003 Prge 1 o/2 O 2. 3. Settediski Wane Inc. 0220 N. Irving, TX 75013 Walbridge 777 Woodward Ave, Ste 300 Detroit, M41220 l.eoneilos, 2121 Hopp Rd Corpus Chiba, TX 70415 Arizona Wirt Builders: Co nntwdeadono, Inc. 2771 E Walnut Rand Gllbsrt, AZ 112911 Weatherproofing Technologies, Inc. 3730 Ones Road Beachwood, OH 44122 City of Corpus Christi Attu Convect Administrator PO nos 9277 Corpus Christi, TX 7$401.9277 B erridge Msuuhctwing Comdr PO Dos 211633 Houston, TX 77210 -1533 Adelman See above iiwnber of dal[s advance rraticer 30 lnformati0n ii iuirad to conpkls this Sdtedule. if not shown above, wit be 'hewn in the Dodarationn CG02011204 0 ISO Proportion Inc., 2003 Page 2 of 3 0 POLICY NUMBER SO 550716 COMA 11, PTO CA 02 4i aft THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT Tbb endorsement weft itteun nca presided under the fallowing BUSINESS V GARAGEC�E FORM FORM TROOPERS � FORRMFORpA iFed pmvIded by We endorsement, the pr Coverage ions of the Car Fans apply unison n a�aesment changes the policy effective an tae inception dated the policy unless another dale is rrricated Newi eref Oat* Nodes 30 Name Women OrOrganiaed's CITY OF CORMS CHRISTI ATTN: C4errancy ACNIiiISTRATOR AMMO PO BOX 9277 Corpus Christi, TX 78469 * EXCBPT i0 DAYS In TAB EVENT OF NON - PAYMENT OF PREMION If change lo Ow this policy is sanded or n.dsviaily changed b reduce or resides coverage, we ad mil ndbe of tanaeiWnn or the Schedule. parson or orgsrtration named in the Schedule. We will sae the number of days notice indicded in CA02440004 OISO Propeetes, Inc, 2003 Page 1 d 1 0 TeXaSMutuar WOItICFRS' COMPENSATION AND EMPLOYERS LtAMM INSURANCE POLICY C1nwaEOeC 14MEy WC 42 06 01 TEXAS NOTICE OF MATERIAL. CHANGE .ENDORSEMENT This endorsement apples only to the insurance provided by the policy because Texas is shown in Keen 3A. of the In the event of cancelation or other meierlal change of Ole policy, we will mai 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 direcey or indirectly to bench anyone not named m the Schedule. Schedule 1. Number d days advance notice TO V 'c 2. Notice oil be marled to: C I TV OF .CORPUS CHRIST1 PC BOX 9277 V CONTRACT ADM N I STRATOR • CORPUS CHRISTI, TX 7e468 -9277 Thta endagomore deaegaa the rmnereo which Ito ardsd elhoshu nn the *caption date re to polo/Mese a diaaro d data Is Masted beam (The rllnafr0'nrlashin7 chose mad be exerashand only when eras orolosoment is Laud automont to promotion alibi pMMe ) This sndon o nna, dtblw an May 1, 2011 at 12.01 A.M. shodosd eaes• forms a part of Polley No. TSF- 0001144150 20100501 of the Tacos Mutual Insurance Company Issued to HAEOER ROOF 1 NO COMPANY Endorsement Nn Premiere i 0.00 `°I'•i— 41.4olfb %M OMS tEQ 1411 (7 Authorized Repmentedve WASENORS Telaswmar VAXIXEDN' COGIPENSA110111AND ENlLOYBlE LIAIRnY MOURANCE /OI.eBY lawasceCasp. WC 42 03 04 A M AS WANER OF OUR RIGHT 70 RECOVER FROM OTHERS ENOOREEMENT nun it apples only to me iia in ece provided by the poky because Texas is shown in hill 3.A. d the We have the tight to recover ow *yrune *am anyone Sable for an injury Gamed by Ni• policy. We will not enforce oar right against the person or organization vaned in the Schedule. but ells waiver aphis arty wish respect to boiillp Injury Irate es. out of the awake* described in the Schedule vales gas are required by a rrriita t contract to obtain Olio waiver Thb erdanMrrnl s*atl not await dimly or indirectly* bonne anyone oat asoned in the Sdradut z The pima= kw 0* welaselent Is shown in the ScI* is 1- ( ) Specific Waiver Name e4 person or oryeniaaben ( X) Blanket Walter Any pigeon or oganization forearms Me famed rosined has armed by mitten marmites lrunlett this wpirer. 2. Opinions: ALL TEXAS OPERATIONS 3. Prenthan The premium chugs fertile endorsement stall be 2.00 poned of In pamfum davdopsd an Porn* is careoWdr with wadi pnianned farther as perlerds) Or anindlidionis) MINIM at d the apera4ona deeratbed. 4. Advance Premium IIICUJOED. SEE I Nffeltimitott P. .wnrwrwAdmmeee moire rare ale mmenedaeerearI MMallarw Min dere PAW urns•aMaedd. Millab. balm lies idurnurammes drne nWanounglifarrMien m1-- aierenlnoweinlam RhumeeaerdNieNW) ilamaasamlIa. andoaaw d Itaf A.* emiireem Amen see et Palo p4 . Ty-0001144150 d the Tone MuIwi Insurance Comm" Issued HAEe A ROOFING COMPANY INC enderseennM Me. Preeiwns Included ecanneut 11ta 1442eee. Aulhosi ed pepeeratilte I NSllRED' S t 0PY mom