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HomeMy WebLinkAboutC2011-499 - 12/13/2011 - ApprovedS P E C I A L P R 0 V I.S4 I O N S .S P E C I F I C.A T I O N S A N D F 0 R M S O F C 0 N T R A. C T S A N D B O N D S F O R WESLEY SEALE DAM SECURITY FENCE J.O.C. FOR WATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -1881 Fax: 361/826 -4494. AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 --3500 Fax: 361/880 -3501 1. PROJECT NO: E11119 WESLEY SEALS DAM SECURITY FENCE PROJECT No. 11119 (Revised 6/27/99) Table of Contents NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements' NOTICE TO CONTRACTORS - B Worker's Compensation Coverage for Building or Construction Projects for Government Entities PART A - SPECIAL PROVISIONS A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award /Explanation of Bid items A -5 Items to be Submitted with Proposal. A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A-9 Aeknew edgment: eft 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- Offiee (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control. A-20 Testing and.Certification A-21 prejeef Signs - A-22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required A -24 Surety Bonds A -25 Sales Tam &Eexptien (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A 27 Respeasibility -fer Dama.s°_L'L.^ -lms (NOT USED) A -29 Contractors Field Administration Staff A•- 30-- Amended "GeRsideratlen of Gentra-et" '_'_ a==r=- _nt.. 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 A­35 Git Water Faeilities __ -.,l n..,.ul r -- -.._ts (NOT USED) A=36 Other Submittals A-27 Ame-ade " " (NOT USED) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Ge.r+i fleate _., f Qeee nee _..a ni..-.l T. _.ta ne- (NOT USED) A -40 Amendment to Section B -8 -6; Partial Estimates A -41 Ozone Advisory A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings n 4-6 — Disposal of !rA:ghly - Ghler-in--ted Water- (7/5/00) (NOT USED) A- 47-- Pre - enstreetreR Empleratery - avatiens (7/5r00) (NOT USED) A -48 Overhead Electrical Wires A--49 Amended "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress A •51 Eleetrenie Submittal of Bads (NOT USED) A -52 Value Engineering A 53 Post Gent-1e1 A-- 54--- Bewate" g- andD}sposal (NOT USED) PART 8 - GENERAL PROVISIONS' PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICA'T'IONS Section 021020 - Site Clearing and Stripping (S -5) Section 021040 - Site Grading (S -6) Section 022080.- Embankment (S -13) Section 022100 - Select Material (S -15) Section 025612 - Concrete Sidewalks and Driveways (S -53) Section 028320 - Chain.Link Fence (S -70) Section 030020 - Portland Cement Concrete.(S -40) Section 032020 - Reinforcing Steel (S -42) (Includes Diagram) Section 038000 - Concrete Structure . TLism -GAF DPxUFS S NOTICE AGREEMENT PROPOSAWDISCLOSURE.STATEMENT PERFORMANCE BOND PAYMENT BOND Table of Contents Page 2 of 2 NOTICE TO CONTRACTORS A INSURANCE REQUIREMENTS NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER.00CURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Lazard 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 $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH IT OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ❑ REQUIRED discharge; to include long -term X NOT. REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section B --6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B --6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The.Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826° -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE REQUIREMENTS Texas Admimistrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction 'Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, 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 -8. 1, TWCC-82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC -81, form TWCC -82,. form TWCG83, 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, crin inal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from. the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure I 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 o €1 I (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers` compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and . (B) no later than seven days after receipt by the contractor,.a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage. ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify. the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (S) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage. agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project:. "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or,. in the case of a self- insured, with the commission's Division of Self - insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on.the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing emension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; r .(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; Page5of11 . (5) retain all required certificates of coverage on file for the duration, of the project and for one year thereafter, (7) notify the governmental entity. in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person. providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (S) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph '(3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in.writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4( ). (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(x) (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 T28S110.110(d)(7) REQUIRED WORKERS" COhIPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must he 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 T28S 110.110(c)(7) Article . Workers' Compensation. Insurance Coverage. A. Definitions: Certificate of coverage ("certificate'} -- A copy of a certificate of insurance, a certificate of authority to se f insure issued by the commission, or a coverage agreement (T'WCC -81, TWCC -- 8�, T'WCC -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 food1heverage vendors, office supply deliveries, and delivery ofportable toilets A 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 tine coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of anyperson providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner ` prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. I The contractor shall contractually require each person with whom it contracts to provide services on a project, to: r (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01](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 certfcate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor. (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, .(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the Provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a se4&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 breachfrom the governmental entity. v PART A SPECIAL PROVISIONS l �.. WESLEY SEALE DAM SECURITY FENCE PROJECT NO. E11119 SECTION A - SPECIAL PROVISIONS A -1 Time and - Piaee -e€ Reeeiving Prne enais� Pwe Bid ,"eet_n Sealed przepesals will be reeeived in eenfer-mity with the -e114,e4,aj the ef• €-iee —ef the— Gity Seeretary, leeatedentfxe first (leer e€��t�+ 1291 1�,eepard Street, ia3atli 2!00 p.m., Wedneeday?=-N L6 be- addressed -in the -fe-11-eaw-ing manner! City Seereta «i s off . 1291 Leepard Street EeEpas Christi, 'Femas !78403: ATTN: BID PROPOSAL — WA A pre bid meeting will: be held e�a INSERT DAY HERE, INSERST E);A.TE HERS, beginaing at !NSER-T TIME HERB. The meeti:Rq will een-Fene at the SerFiees Main Genferenee Reem, Third Fleur, Eity Hall, 1201 Leepar-rd-- GtL -eet, if requested, a site visit will €ellew. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project THE PROJECT FOR THE WESLEY SEALE DAM SECURITY FENCE CONSISTS OF INSTALLING APPROXIMATELY 200 LF OF 8' FENCE BY USING 6 FT GATE SECTIONS ON THE NORTH AND SOUTH SIDE OF THE DAM TO SECURE THE WATER SUPPLY. MOVE RIP RAP TO CLEAR ROOM FOR FENCE POST AND SLOPED CONCRETE PAVING. PLACEMENT OF SLOPED CONCRETE WILL BE EARTH FORMED, CONCRETE WILL BE 4 INCHES THICK. A -4 Method "of Award The contract is awarded as a Job Order Contract (J.O.C.) and prices established through the use of RS Means cost pricing. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: i. 5% Did Bond (Hunt refferenee Preieet Name as identified in the proposal-) 2. Disclosure of Interests Statement 3. Submittal of Materials Section A - SP (Revised 12/15/04) Page 1 of 24 A -5 Time of Completion /Liquidated Damages The working time for completion of the Project will be 45 calendar daYs. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and- deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation in 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 4_ 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. Section, A - SP (Revised 12/15/04) Page 2 of 24 A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for building construction. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification. of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll sdo ittals to the City Engineer. The Contractor will. also cbtain copies of such certified payrolls. from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer biweekly. (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 (11,�) times the specified hourly wage must be paid for all hours worked in _ excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1--1, Definition of Terms, and Section B-7 -6, Working Hours.) A -11 Oooper #an 'with Public (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 tile. vicis)ity of any facility by using the Texas One -Call System 1- 800245- -4545, the Lome Star Notification Ccapany at 1- 800- 669 - 8344, and the Southwestern Bell Locate Group ,at 1- 800 -828 -5127. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 361- 826 -3500 Project.Manager 361- 826 -3550, 826 -3594 A/E CONSULTANT - HNS SING 361 -991 -2226 Traffic Engineering 880 -3540 Police Department 882 -1911 Water DepartTent 826 -1881 (880 -3140 after Hours) Wastewater Department 826 -1840 (880 --3140 after hours) . Gas Department 885 -6900 (885 -6900 after hours) Storm Water Department 826 -1875 (880 -3140 after hours) Parks & Recreation Department 826 -3461 Streets & Solid Waste Services 826 -1970 A E P 1 -877- 373 -4058 (693 -9444 after hours) S B C 881 -2511 (1 -800- 824- 4424,after hours) City Street Div. for Traffic Signal /Fiber Optic Locate 826 -1946 857 -1960 Cablevision 857 -5000 (857 -5060 after hours) ACSI (Fiber Optic) 887 -9200 (Pager 800 - 724 -3624) - KMC (Fiber Optic) 813 -1124 (Pager 888- 204 -1679) ChoiceCcm (Fiber Optic) 881 -5767 (Pager 850 - 2981) CAPPOM (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 Plumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. and the public. The Contractor will be required to. schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary. permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Traekin Th,e Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Sand labor and /or Section A - SP (Revised 12/15/04) 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 dart that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on cAL=amR 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. - 0111— _ _ _ _ _ • • —All rimeiaaert elevatiens at manh des; All inteEseeting 1 6nee in faan ielesy- Gasing elevatlens (top of pipe and.fiew line.) (TXDOT and RR permits). Section a - SP (Revised 12/15/04) Page 6 of 24 , beth - , in the F Engineer to revise t1ke dra:wi�s- - 0111— _ _ _ _ _ • • —All rimeiaaert elevatiens at manh des; All inteEseeting 1 6nee in faan ielesy- Gasing elevatlens (top of pipe and.fiew line.) (TXDOT and RR permits). Section a - SP (Revised 12/15/04) Page 6 of 24 , beth - 0111— _ _ _ _ _ • • —All rimeiaaert elevatiens at manh des; All inteEseeting 1 6nee in faan ielesy- Gasing elevatlens (top of pipe and.fiew line.) (TXDOT and RR permits). Section a - SP (Revised 12/15/04) Page 6 of 24 All l tep _o of valves . * Valves vaults �r - •— All -r /ixrvert ele-vatiens at manheles; .— All _!_nterseeting lines in man reles; 0Gasing ele-vatiens - (top -of-- pipe -and flew line) (mvnnm fad ran p 3....,:ts) 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. fellewing drawings —(A tae•Fi:Ltent !V) the signs -- Htust be installed -be €ere eqnstEuetlen begARs and will be maintained thi=eugheat the Pr-ejeet period 4)Y the GentraeteE. The leeatA:en of the signs will be deteEmined In the fleld by the Gity Engineer-. A -22 Minori /m*norit Buslness_EnteEerlse Partial ation Poll (Revised 7.0/98) 1.. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime.contractor on a City contract. C. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons 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 a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of. the assets or interest in the partnership property. must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Pa ents 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 t 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 % is % b. These goals are applicable to ali the construction work (regardless of federal participation) performed in the Contract, including approved change orders.. The hours of minority employment must be substantially uniform throughout the length of the Contract and.in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer., The Contractor is to indicate the percent of minority and female participation, by trade., which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been. achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required.. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the baild -` Beeraapaaey, when ap.plleable. 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 Sure Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%). of the Surety. Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney.that the Surety Company has reinsured the portion of Section A - SP (Revised. 12/15/04) Page 9 of 24 the bond amount that exceeds ten percent (10 %) of the Surety Company's c apical and surplus with reinsure r(s) 'authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capita, 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." Seetien B-6-22, Tam fellewlny substituted tax is Gemptreller. . �. its entirety and the (NOT Smempt�eR USED) Pr&i-i.sien, in lleaa deleted in theree€. I— 7-eally . ---vide resale eer-tifieates te suppliers. , he pr-epesal vali�Ee of materials. Sales, must pay fer all Exelse, preiffalgated by he Cemptr-elleE Taxes applieable r of Pub!4:e Aeeeuntsef= Teifas -.. i. Obtain the neeeesa�-ysales tax f-r-em the State Gemptreller. . �. 2. identify in the apprspElate permits spaee erk the " ,. I— 7-eally . ---vide resale eer-tifieates te suppliers. , he pr-epesal vali�Ee of materials. Sales, must pay fer all Exelse, and Use Taxes applieable to this Prejeet. also eemplies with the above reEfaii�ements: The Gent,-aeter- raust Issue a 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 ' (Revised 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 7$469 -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, W 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. Seotlon A— SP (Revised 12/15104) Page 11 of 24 €er the ter-m the- C- to including- -the date eever-age ef entra•et up and - -ire Meater be "All: Risk" €erg. CeRtreeter , ate. eever -age m sb an mist y _, insurance -- inel ,&ELii:iq deduetible 'Phe Eity be eevrege, any . -must named Seotlon A— SP (Revised 12/15104) Page 11 of 24 A- 28— Gens1derat -lure for Gentwaet Award and xeeatiaa w .f the Gity Engineer- te dete,-ieine that the bidder 4ts able te per-ferm , the Glt-y Whether any liens have been filed bidder for either failure t,& J specify the name lien, the r against withlfi the pr-eeediiag within the -p eeeding- two (2) Tire bidder year-s. years_ — shall elaim, and an emplanatloR why the elaim has basmW ger- the lien elali�, and the date eg the release ef the . any soh —lien has . — been released, the bidder State why elaim has Rat been paidi and finanelal k� r withlfi the pr-eeediiag twe (2) The bidder name w year-s. shall speeify the elaim, and an emplanatloR why the elaim has not been paid. finanelal r � r r A -29 Contractor's Field Arimin; stration 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 closeout procedures. The r- ;ntendent shall be present, on the job site, at all tithes that work is using performed. 2. Foremen, if utilized, shall have at the five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such -� 3 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 -ml its field adninistration 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 "Gans idermat�Loa off Centmeet" Re(FAVements ,. pr-epesals, the- three -{-3}- apparent lewest biddeEs- -(ba5 en the Base Bid ;n,y) faust -st* it to tie -City Engineer thze f , , _ _ g n fer- ., tlea. 1 -._. -Tn 1i,tt of the -majeE eempenents of the were; der eempenefit of theme The names and ad.drre5ses • t entrnet , aleng with ef. MS deseript ien �&6ms that t1iF--. par-tielpate in dellnr a of —weft and aaae'ant = eeeh f4:rtt, and stantiabiei either- th.r -euo a- ppr-- epriabe e..rt f- ea ; e - will be- reqaired -if e.l e arty - slier - -th the- Gemreeter is- air -MBE. if the respenses de P--et , Engineer-, that a good pe ssib le . faith effort has, ift faet, been made to abet 8 MM submitted te the Gity- Engineer- at the , Section A - SP (Revised 12/15104) Page 13 of 24 10 - Wlthim five (8) days epe-ing, IftfeEmatAOn ldeatizf�Fiftq Submit in letteL- i type eff entity and state, i.e.r Tle3as 103e ethe�- A -31 Amended Policy on Fxtra Work. and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the .Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by'the City Council. A -32 Amended 'Tammtian of Contract" is Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add,the following; The award of the Contract. may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which.bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. GentEaete�- is re ded�e 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 Operation - of Glt�y-Owaed EqudVmant NNO - - �- - - - Operation - of Glt�y-Owaed EqudVmant r operate, aw mw r r aalFwe' - eefaipfent— ;re—lateedl the Giiy G. Preteetxea te GiLty switx�, faellity breaker-, eent-rel, time. o-- any ether- 'All Items Items. be- water at mW sueh must 'Water Department . e ie the jeb gepartmeFit All materials an its the r;t.. .rate -site to shall - eeerdinate the- the were with - -1 .ably, preteet Eraiality of water.- in the ased and equipment repa}E, ----- traaspsrtatie€ , reinatallatiear and inspeet-ien of pumps, or- any eeRfetfff Sanitation r to w44eh eeeld AmerieaR eeme Natieaai late eentaet St- with r.. i tet INat , Fwast ; , -, i Feundatien Standard andards, s 63 deseribed in - (ANS17tNSF) as the - _ �s�rrr_ s�err_- r_ �err��wrr _s�err_r_�- r_i..�.►���er+_ INNEW LIMPFIC Section A - SP {Revised 12/15/04} Page 15 of 24 .......tea.. - - - te the eempeteE - - - - -- 1� _ -- illillill - .eeMPanY name - - - - W-00", ■ - - - - Identifieatlen. employee Plant telephones H. WeEkiftg hea�rs will awe for as deter-mined not availabje be 4100 A.M. te 5.200 the P.M., Monday thvu Friday-- mus-tp--9aide- ewrt.-saa}ta,-y- €a�������s week - }neludes, .......tea.. - - - te the eempeteE - - - - -- 1� _ -- illillill - - - - - W-00", ■ - - - - Baer - te the eempeteE ased mealteEing and eentrsl systean must as deter-mined by the week - }neludes, meeting but is limited qualifie-at-ionis to,r....medi I thr-a 9 below. €leazlens— This. ehange.s, net €urnishingy ... addltre seleetiens, installing, eenmeetiagr r -these speelfieazlee5. He is regularly engaged in the eemputer-based faeniteaYing and eeat el system business, preferably as appil ed fie- €fie type, 2. He has performed wer-k ea aystems ef eempw=able size, and eeplemxty -as r-eqfaired iR this EeFttraet -ea-at - least- three - pEiel= pr-e j eete -. 3. He -has - been - ae- €ively- engaged in the- type -e€ werk -sp €i: herein for at least 5 years. , Engineer, er an SleetEieal Engineer- to supervise erm lae;e9eEm tine -weEk rea red by this sgeexf4!eatiens and implementiag the spee} €ie eempaters, RTUGs, --- and Se. €twar-e - epased for the Eentraet. . r speelfied herein. manufaetur-er to the F937-aeti:eal eiFtent. Where this preduet of ene ffiaR €eetuEer-. 5ectiox� A - SP (Revised 12/15/04) Page 16 of 24 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. drawing-s-. c. Submittal Transmittal. Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this section; and sequentially number each transmittal .form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the. Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in - accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations; Contractor must identify any proposed variations from ,. the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. 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. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The. Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. otherwise, the related equipment will not be approved for use on the project. - - -__ - - A -38 _Worker's Comp mration Coverage for Building or Construction Proieets for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A-39 Gert1ficate off Geenpaney and Final_ Aueeptanee HOW USED A-'40 Amendment to Section B -8--6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net .invoice value of acceptable, non -- perishable materials delivered to the Project worksite unless the Contractor. provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. Section A - SP (Revised 12 115/94) Page 18 of 24 hill, V am A -38 _Worker's Comp mration Coverage for Building or Construction Proieets for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A-39 Gert1ficate off Geenpaney and Final_ Aueeptanee HOW USED A-'40 Amendment to Section B -8--6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net .invoice value of acceptable, non -- perishable materials delivered to the Project worksite unless the Contractor. provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. Section A - SP (Revised 12 115/94) 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 Haxmless 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 r- 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. r-- (2) Changes in equipment and dimensions due to substitutions. Section A - 3P (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.. r pipelliae- KARAM •• ■ in the water-, high levels �-;11111 partieular-Qy ef ehlerine, used fer wetlands er env-i-reniftei;itally These a eh as EPA, sensitive areas. are ete. r-egelated by R-emerei Y r all water used in the The dispesal he the Gity fer prejeet. There metheds ef be shall si—ibm—itted dispesal ahlerinated water. appre-9-al. Gentraeter shall ne separate -pay the Gity's fer ef hi:ghl-y shall net. use sanitary sewer syste-In r pipelliae- r -p Rg r-r- 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 KARAM •• ■ r -p Rg r-r- 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." ilea the Prepeeal 1 TI;Ru 13-9 13), 1?iGLU9IVL. The -vim`_ ef, list bid (SHEETS: items (-jneladiRg deduetl-Fe pElnt. will a1g: Pr-epesa-1 Sheets any THP�U 10 additive er 9F 13) the Gentr-ae-ter- alternates) eentained en (3 : --- -if cheeses -te 14, r r. Tzn r skgnaturey ether -the last bid item! SeCtion A - SP (Revised 12/I5/04) Page 21 of 24 1. 'Gentr-aet,er, h .r,.w t the infermatlen frem thispria —_ are unit pr-lees and— no- -ether old - be determined by the bid IV) in will multiplying unit priee (Gelufan shewn SeCtion A - SP (Revised 12/I5/04) Page 21 of 24 A -52 Value Enzineerina 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 w circumstances and difficulties affecting the work to be performed and obtain all information required to make an intelligent proposal.. The Contractor's attention is further directed to paragraph B--2 -3 Examination of Plans,. Specifications and Site of the Work, of the General Provisions. In other words, the Contractor shall complete. it's proposal to the best of it's ability, as currently provided. su�-E-aees subjeet te dusting shall be I-ept me4:st with water- ar- appileatlens ef • Whea praetieable, dusty materials in piles system, In traas4�t shall be- e--- blewing dust. and flew is ptwpiped te a leeatien that allews fer- sheet flew prier- te ieaving the designated werle aa�ea er by manmade berms prier te eeter-Ing the steEm water- system. Rheet: flew and pending is te allow ee!�6ds and- Section A - 3P (ROVISed 12/15/04) Page 22 of 24 it IS the Aatent Mew than. the reee&ving stream (ego at the creeiE) Gity's r �. with the of eenstEuet Gity, en all testift4�. }en is started will alse be perfer-!ffied as eeeh new area Section A - 3P (ROVISed 12/15/04) Page 22 of 24 by ease ba plant, Gity will pay fe�- "no ,. aRy water test!Rg qlaality er water- afialysis eest required. f , Section A - 3P (Revised 12/15/04) Page 23 of 24 SUBMITTAL TRANSMITTAL FORS! PROJECT:. WESLEY SEALE DAM SECURITY PENCE; PROJECT No. E11119 OWNER: CITY OF CORPUS CHRISTI ENGINEER: CONTRACTOR: BARCOM COMMERCIAL,INC. + + SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A. - SP (Revised 12 /15/04) Page 24 of 24 PART B GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS TABLE OF CONTENTS /PAGE 1 OF 2 r .. (rev. Nov /94) SECTION B GER9 AL ]PROVISIONS AND untEMENTS FOR MBNICIPAls CONSTRUCTION CONTRACTS Table of Contents PAGE B -1 Definitions and .Abbreviations B -1 -1 Definition of Terms . . . . . . . . . . . . . . . . . . . . . 1 B -1 -2 Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . 3 B -2 Proposal Requirements and Conditions B -2 -1 Proposal Forms . . . . . . . . . . . . . . . . . . . . 4 B -2-2 Quantities in Proposal Forms . . . . 4 B -2 -3 Examination of Plans, Specifications, and Site of the Work 4 B -2 -4 Forms, Plans and Specifications . . . . . . . . . . . . . . 4 13-2-S Addenda . . . . . . . . . . . . . . . . . . . . . . . . . 4 B -2 -6 Pre -Bid Conference . . . . . . . . . . . . . . . . . . . . . 5 B -2 -7 Preparation of Proposal . . . . . . . . . . . . . . . . . . . 5 B -2 -8 Proposal Guaranty . . . . . . . . . . . . . . . . . . . . . . 5 8 -2 -9 Filing of Proposal . . . . . . . . . . . . . . . . . . . . . 5 B -2-10 Withdrawing Proposals . . . . . . . . . . . . . . . . 5 B -2 -11 Cancellation of Bid Opening . . . . . . . . . . . . . . . . . 6 B -2 -12 Opening Proposals . . . . . . . . . . . . . . . . . . . . . . 6 B -2 -13 Irregular Proposals . . . . . . . . . . . . . . . . . . . . . 6 B -2 -14 Rejection of Proposals . . . . . . . . . . . . . . . . . . . 6 B -2 -15 Disqualification of Bidders . . . . . . . . . . . . . . . . b -- 8-2-16 Disclosure of Interests . . . . . . . . . . . . . . . . . 6 E -3 Award and Execution of Contract B -3 -1 Consideration of Contract . . . . . . . . . . . . . . . . . . 7 _ B-3-2 Award of Contract . . . . . . . . . . . . . . . . , . . 7 B -3 -3 Equal Opportunity Employer Provisions . . . . . . . . . . . . 7 B -3 -4 Surety Bonds . . . . . . . . . . . . . . . . . . . . . . . B B -3 -5 Execution of Contract . . . . . . . . . . . . . . . . . . . . 8 B -3 -6 Failure to Execute Contract . . . . . . . . . . . . 8 B -4 Scope of Work B--4 -1 Intent of Plans and Specifications . . . . . . . . . . . . . 9 8 -4 -2 Subsidiary Work . . . . . . . . . . . . . . . . . . 9 - B -4 -3 Increased or Decreased Quantities of Work 9 B -4 -4 Alteration of Plans and Specifications . . . . . . . . . . . 10 B -4 -S Value Engineering Incentive Procedures . . . . . . . . . . . 10 B -4 -6 Extra Work . . . . . . . . . . . . . . . . . . . . . . . . . 11 B -5 Control of the Work and Materials B -5 -1 Authority of the City Engineer . . . . . . . . . . . 11 73-5 -2 Authority of Duty of Engineers or Inspectors . . . . . . . . 11 B -5 -3 Conformity with Plans . . . . . . . . . . . . . . . . . . . . 11 3 -5 -4 Existing Structures . . . . . . . . . . . . . . . . . 11 B -5 -5 Coordination of Plans, Specifications, Proposal & Special Provision , . . . . . . . . . . . . . . . . . 12 r B -5 -6 Cooperation of Contractor . . . . . . . . . . . . . . . . . . 12 B -5 -7 Construction Staking . . . . . . . . . . . . . . . . . 12 B -5 -8 Source of Supply of Materials . . . . . . . . . . . . . . . . 13 B -5 -9 Samples and Tests of Materials . . . . . . . . . . . . . . . 13 B-5-10 "Or Equal" Clause . . . . . . . . . . . . . . . . . . . . . 13 B -5 -11 Storage of Materials . . . . . . . . . . . 13 B -5 -12 Removal of Defective and Unauthorized Work ... . . . . . . . 13 B -5 -13 Final inspection . . . . . . . . . . . . . . . . . . . . . . 14 B-5 -14 Warranty Inspection . . . . . . . . . . . . . . . . . . . . 14 TABLE OF CONTENTS /PAGE 1 OF 2 r .. (rev. Nov /94) TABLE OF CONTENTS /PAGE 2 OF 2 (rev. Nov /94) Yf �f 33_6 Le al Relations and Public RegRqnsibil it 14 B-6-1 Laws to be observed . . . ... . . . . . . . . . . . . . . 14 B -6 -2 Permits and Licenses . . . . .. . . . . . . . . . . . . . . 15 B -6 -3 Patented Devices, Materials and Processes . . . . . . . . . . B -6 -4 . sanitary Provisions - . . . . . . . . . . . . . . . . 15 15 B -6 -5 Public onveniences and Safe ty . . . . . . . . . . . . C . -i B -6 -6 'Privileges of contractor in Streets, Alleys and Right --of -Way 16 B -6 -7 Railway Crossings . . . . . . . . . . . . . . . . . . . . 16 B -6 -8 Traffic Control Devices . . . . . . . . . . . . . . . . . . 16 16 5 -6 -9 Use of Explosives . . . . . . . . . . . . . . . . . . . . . . 16 B -•6 -10 Protection and Restoration of Property . . . . . . . . . . . B -6 -11 Responsibility for Damage Claims . . . . . . . . . . . . . . 17 S -6 -12 Contractor's Claim for Damages . . • . . . . . . . . . . . 19 B -6 -13 Public Utilities and Other Property to be Changed 19 4 B -6 -14 Temporary Sewer and Drain Connections . . . . . . . . . . . . 19 B -6 -15 Arrangement and Charge for Water Furnished by the City . . . 19 B -6 -16 Use of fire Hydrants . . . . . . . . . . . . . . . . . . . . 19 B -6 -17 Use of a Section or Portion of the Work . . . . . . . . . . . 19 B• -6 -18 Separate Contracts . . . . . . . . . . . . . . . . . . . . . 20 B -6 -19 Contractor's Responsibility for the Work . . . . . . . . . . 20 B -6 -20 No Waiver of Legal Right . . . . . . . . . . . . . . . . . . 20 B -6 -21 Indemnification and Hold Harmless . . . . . . . . . . . . . 20 B --6 -22 Tax Exemption Provisions . . . . . . . . . . . . . . . . . . 20 -J B -7 Prosecution and Progress B -7--1 Subletting the Work . . . . . . . . . . . . . . . . . . . . . 21 B -7 -2 Assignment of Contract . . . . . . . . . . . . . . . . . . . 21 B -7•-3 Prosecution of the Work . . . . . . . . . . . . . . . . . . . 21 B -7 -4 Limitation of Operations . . . . . . . . . . . . . . . . . . 22 B -7 -5 Character of Workmen and Equipment . . . . . . . . . . 22 B -7 -6 Working Hours . . . . . 22 B -7 -7 .. Time of Commencement and Completion . _ . 22 H -7 -8 Extension of Time of Completion . . . . . . . . . . . 22 B -7 -9 Computation of Contract Time for Completion . . . . . . . . . 23 B -7 -10 Failure to complete on Time . . . . . . . . . . . . . . . . . 23 B -7-11 Suspension by court order . . . . . . . . . . . . . . . . . . 23 B -7 -12 Temporary Suspension . . . . . . . . . . . . . . . . 23 B• -7 -13 Suspension of Work and Annulment of Contract . . . . . . . . 24 B -7 -14 Termination of Contract . . . . . . . . . . . . . . . . . . 25 B -e Measurement and Payment B -8 -1 Measurement of Quantities . . . . . . . . . . . . . . . . . . 25 B -8 -2 Unit Price . . . . . . . . . . . . . . . . . . . . . . . . 25 B -8 -3 Scope of Payment . . . . . . . . . . . . . . . . . . . . . . 25 B -8 -4 Payment for Extra Work . . . . . . . . . . . . . . . 26 B -8 -5 Policy of Extra Work and Change Orders . . . . . . . . . . . 26 B-8-6 Partial Estimates . . . . . . . . . . . . . . . . . . . . . 27 B -8 -7 Withholding Payment . . . . . . . . . . . . . . . . . . . . . 27 B -8 -8 Final Cleanup . . . . . . . . . . . . . . . . . . . . . . . . 27 B -8 -9 Final Acceptance . . . . . . . . . . . . . . . . . . . . . . 28 9-•8 -10 Final Payment . . . . . . . . . . . . . . . . . . . . . . . . 28 B -8 -11 Maintenance Guaranty . . . . . . . . . . . . . . . . . . . . 28 TABLE OF CONTENTS /PAGE 2 OF 2 (rev. Nov /94) SECTION B GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS CITY OF CORPUS CHRISTI, TEXAS B -1 DEFINITIONS AND ABBREVIATIONS; B -1 -1 Definition of Terms: Wherever the words, forms or phrases defined herein or pronouns used in their place occur in these specifications, in the contract, in the bonds, in the advertisement or any other documents or instrument herein contemplated, or to which these specifications apply or may apply, the intent and meaning shall be interpreted as follows: Advertisement: All of the legal publications pertaining to the work contemplated or under contract. Bidder: Any person, persons, partnership, company, firm, association, corporation, or joint venture acting directly or through a duly authorized representative submitting a proposal for work contemplated. City: The City of .Corpus Christi, Texas, a municipal corporation, acting by and through (a) its governing body or (b) its City Manager, each of whom is required by Charter to perform specific duties. Responsibility for final _ enforcement of contracts involving the City of Corpus Christi is, by Charter, vested in the City Manager. City Attorney: The City Attorney of the City of Corpus Christi, Texas, or duly authorized assistants or agents. City Council: The Council of the City of Corpus Christi, Texas. Citv Engineer: The Head of the Department of Engineering Services of the City of Corpus Christi, Texas. City Manager: The manager of the City of Corpus Christi, Texas. Cit Y Secreta The City Secretary of the City of Corpus Christi, Texas, or duly authorized assistants or agents. Contract: The written agreement covering the performance of the work. The contract includes the advertisement; proposal; specifications, including special provisions; plans or working drawings,. any supplemental changes or agreements pertaining to the work or materials therefor, and bonds. Contract Time: The number of calendar days or working days allowed for completion of the contract, including any authorized time extensions. (a) Calendar Dav: A calendar day is defined as any day shown on the calendar beginning and ending at midnight. (b) Working Day- a working day is defined as a calendar day, not including Sundays or legal holidays, in which the weather or other conditions affecting the site, not under the control of the Contractor, will in the judgement of the Engineer permit the performance of some substantial unit of work for a substantially continuous period of time of not Less than six (6) hours between 7 a.m. and 6 p.m., or during such other hours of the day as the Contractor does in fact work with the permission of the Engineer as elsewhere provided. Each calendar day, not including Sundays or legal holidays, in which the Contractor carries on work on some unit of the contract for a period of more than six (6) hours shall be charged as one (1) working day, regardless of the number r- of hours worked in excess of the (6) hour minimum. Saturday will not be charged (rev. Nov /94) PAGE 1 OF 28 as a working day unless work of any type requiring the presence of the Sagineer is in fact carried on for any period of time during the day. On Sundays and legal holidays on which, by previous written permission of the Engineer as elsewhere provided, the Contractor works as much as four hours on some unit of the contract, two working days shall be charged. If, under such permission, work is commenced but proceeds less than four hours, one working day shall be charged. In the determination of the hours above, no deduction shall be made for lunch time taken. Contractor: The person, persons, partnership, company, firth, association, corporation, or joint venture entering into contract for the execution of the work, acting directly or through a duly authorized representative. Engineer: Assistants, agents, engineers, inspectors, or superintendents duly authorized by the City Engineer and acting within the scope of the particular duties entrusted to them. General Provisions: This Section B of the specifications. Holidays: The terms regular holidays and legal holidays, for the purposes of charging working days, control of working days and hours, and wages of employees, shall include the following: January 1 (New Year's Day) July 4 (Independence Day) Thanksgiving Days Memorial Day Labor Day Christmas Day Maintenance Guaranty: The approved form of security furnished by the Contractor and his surety as a guarantee that he will maintain the work constructed by him in good condition for the period of time required. This shall be in accordance with the provisions of the specifications and may be made a part of the Performance Bond. Payment Bond: The approved form of security furnished by the contractor and his surety for the use and benefit of the City as a guarantee for the protection of all claimants supplying .labor and/or material in the prosecution of the work provided for in this contract. Performance Bond: The approved form of security furnished by the contractor and his surety for the use and benefit of the City as a guarantee of good faith on the part of the Contractor to execute the work in strict accordance with the plans, specifications, and terms of the contract, and that the Contractor will maintain the work constructed by him in good condition for the period of one year or such other period of time as may be specially provided. Plan or Plans: All the drawings pertaining to the contract and made a part thereof, including such supplemental drawings or addenda as the City Engineer may issue in order to clarify other drawings or For the purpose of showing changes in the work hereinafter authorized, or for showing details not shown thereon. Proposal: The written statement or statements duly filed with the City Secretary of the person, persons, partnership, company, firm, association, corporation, or joint venture proposing to do the work contemplated, including the approved form on which the formal bids for the work are to be prepared_ Proposal Guaranty: The bid security designated in the advertisement and proposal to be furnished by each bidder as.a guarantee of good faith.to enter into a contract with the City and execute the required bonds for the work contemplated after the work is awarded him. Special Provisions; The special clauses setting forth conditions or requirements peculiar to the specific project involved, supplementing the standard specifications, and taking precedence over any conditions or requirements of the standard specifications with which they are in conflict. (rev. Nov /94) PAGE 2 OF 28 -j Specifications: The directions, provisions, and requirements contained herein, together with the special provisions supplemental hereto, pertaining to the method and manner of performing the work or to the dualities or quantities of the material to be furnished under the contract. Sureties: The corporate bodies which are hound by such bonds as are required with and for the Contractor. The Work: All work, including the furnishing of labor, materials, tools, equipment, and incidentals, to be performed by the Contractor under the terms of the contract. B -1 -2 Abbreviations: Wherever the abbreviations defined herein occur on the plans, in the specifications, contract, bonds, advertisement, proposal, or in any other document or instrument herein contemplated or to which the specifications apply or may anoly. the intent and meaning shall be as follows: A.A.S.R.T.O. American Association of State Highway and H.S. Horseshoe Transportation Officials In. or' Inches Ac. Acre, Lb. or # Pound A.C. Asbestos Cement L.P. Linear Foot A.C_I. American Concrete Institute Lin. Linear A.N.S.I. American National Standards Institute L.S. Lump Sum Asph. Asphalt Max. Maximum A.S,T.M_ American Society for Testing Materials M.H. Manhole Ave. Avenue Min. hfu dmum A.W.P.A. American Wood Preservers Association Motto. Monolithic A.W.S_ American Welding Society M.U.T.C.D. Manual of Uniform A.W.W.A. American Water Works Association Traffic Control Blvd. Boulevard Devices C.F. Cubic Foot N. North C.I. Cast Iron No. Number C.L. Center Line % Percent C.M_P. Corrugated Metal Pipe P.L. Property Line C.O. Cleanout Prop. Proposed or Property Conc. Concrete P.'V.C. Poly Vinyl Chloride Cond. Conduit R. Radius Carr. Corrugated R.C.P. Reinforced Concrete Pipe C.P.& L. Central Power & Light Company Reinf. Reinfirced Cu. Cubic Rem. Remove Culv. Culvert Rep. Replace C.Y. Cubic Yard R.R. Railroad D.I. Ductile Iron R/W or ROW Right -of -Way Dia. Diameter S. South Dr. or Dwy Drive or Driveway San. Sanitary E. East S.F. Square Foot Ea. Each Sq. Square Elev. Elevation St. Streit or Storm Exist_ Existing Std. Sbodard F. Fahrenheit S.Y. Square yard F.L. Flaw Line T.C. Top of Curb Ft, or' Feet Tel. Telephone Gal. Gallon V.F. Vertical Foot G.L. Gutter Line W. West G.P.M. Gallons per Minute W.U.T. Western Union Telegraph H.N.G. Houston Natural Gas Co. Yd. Yard Metrics: cm Centimeter m Meter gm Grazer mgm Maligtarn kgm Kilogram nun Millitneter krn Kilometer other a revtauorks at may appear shall have a meanrng customan y 1 in such usage. r� (rev. Nov /94) PAGE 3 OF 28 B -2 PROPOSAL S AND : CDNDiTTONS TM. B -2 -1 Prouosal Foxm:. The City will furnish bidders with proposal f' orms which state... the general location and description of the contemplated work, and which will contain an itemized list of items of work to be done or materials to be furnished, and upon 7 which bid prices are asked. The proposal form will provide for the amount of Proposal guaranty, the contract time, and the acknowledgement of addenda received. B -2 -2 Quantities-in-Proposal Forst: The quantities of the work and materials set forth in the proposal form or on the plans approximately represent the work to be performed and materials to be furnished and are for the purpose of comparing the bids on a uniform basis. Payment will be made by the City to the Contractor only for the actual quantities r of work performed or materials furnished in accordance with the plans and specifications, and it is understood that the quantities may be increased or decreased as hereinafter provided without in any way invalidating the bid price. 13-2-3 Examination of Plans. SPggifications and Site of the _work: Bidders are advised that the plans and specifications and other documents on file with the City .Engineer shall constitute all of the information which the City will furnish. Bidders are required, prior to submitting any proposal, to read the specifications, proposal, contract, and bond forms carefully; to visit the site of the work; to examine carefully local conditions, soil and water conditions to be encountered, improvements to be protected, disposal sites for surplus materials not designated to be salvaged materials, methods of providing ingress or egress to private properties, and methods of handling traffic; to inform themselves, by their independent research, tests, and investigation, of the difficulties to he encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work or time required for its completion; and obtain all information required to make an intelligent proposal. No information given by the City or any official thereof, other than that shown on the plans and contained in the specifications, proposal, and other documents, shall be binding upon the City. Bidders shall rely exclusively upon their own estimates, investigations, tests, and other data which are necessary for full and complete information upon which the proposal may be based. It is mutually agreed that submission of a proposal is evidence that the bidder has made the examinations, investigations, and tests required herein. B- -2- 4.Fozms, Plans and Specifications: Unless otherwise specified in the Notice to Bidders and Special Provisions, forms of proposal, contract and bonds and plans and specifications may be obtained at the offices of the City Engineer in the City Hall upon making a Plans Deposit as designated, which sum so deposited will be refunded provided the prospective bidder returns all documents, except proposal form if bidding, to the offices of the City Engineer within two i2? weeks from and after the time and date of receiving proposals. If the prospective bidder does not comply with this requirement, the sum of the Plans Deposit shall become the property of the City of Corpus Christi, Texas. B -2 -5 Addenda: Addenda to the plans and specifications, which are formal written notices of additions, deletions, modifications, or explanations of contract documents from - the City to prospective bidders in advance of the bid date, may be issued by the City Engineer. Such addenda will be mailed immediately to the address designated by prospective bidders taking out plans, specifications, and proposal forms. (rev. Nov /94) PAGE 4 OF 28 B -2-•6 Pre -Bid .Conference: Any prospective bidder may request a pre -bid conference to discuss the plans, specifications, and proposal. If such a conference is requested, it will be held approximately one week prior to the bid opening. Each prospective bidder who has furnished the Plans Deposit required by the Notice to Bidders will be notified of the date, time, and location of the pre -bid conference_ Any clarification to the contract documents deemed necessary as a result of the pre -bid conference will be made by written addenda. B -2 -2 Pre aration of Proposal: The bidder shall submit his proposal on the forms furnished by the City. All blank spaces in the forms shall be correctly filled in, and the bidder shall state the prices, written in ink, for which he proposes to do the work contemplated or furnish the material required, the unit prices shall be written both in words and numerals. Such prices shall be written distinctly legible_ In case of discrepancy between the unit price written in words and the unit price written in figures, the unit price written in words shall govern. The unit price shall govern over the amount. If the proposal is submitted by an individual; his name must be signed by him or his duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association, or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given and the proposal signed by an official or duly authorized agent. Proposals submitted by a joint venture shall list all participants and their addresses. Powers of attorney, authorizing agents or others to sign proposals, must be properly certified and must be in writing and submitted with the proposal. B -2 -8 Proposal Guaranty: No proposal will be considered unless accompanied by an individual bid security (bond) for the project in the amount of five percent (5%) of the highest amount bid. Such bid security shall be issued by a firm licensed for issuance in the State of Texas. A cashier's check, certified check, money order, or bank draft from any state or national bank will also be acceptable. The security shall be deemed a good faith offer on the part of the bidder to accept a contract, if awarded_ In the event the successful bidder declines to accept such award or cannot provide the required bonds and insurance certificates within, ten (10) calendar days of the award of the contract, then the amount of the bid security will become the property of the City, not as penalty but as liquidated damages. The bid securities of the unsuccessful bidders may be released within forty - eight (48) hours of the time bids are received. The bid security of the successful bidder will be released upon execution of the contract documents and submission of the required bonds and certificates. B-- 2- 9WiRS „of Proposal: No proposal will be considered unless it is filed with the City Secretary's office in the City Hall, Corpus Christi, Texas, within the time limit for receiving proposals as stated in the advertisement. Each proposal shall be in a sealed envelope, plainly marked with the word "PROPOSAL” and the name and description of the project as designated in the "ADVERTISEMENT". H -2 -10 Withdrawing Proposals: Proposals filed with the City Secretary cannot be withdrawn or modified prior r~ to the time set for opening proposals. Request for non- consideration of proposals must be made in writing addressed to the City Engineer and filed with the City Secretary prior to the time set opening proposals. After other proposals are opened and publicly read, the proposal for which withdrawal is �- properly requested may be returned unopened. (rev. Nair/ 94 ) PAGE 5 OF 28 B -2 -11 Ca.n:cellation of Bid eni.n ; The City may, at any time, before any bids are actually opened, cancel the opening of the bids and return all bids unopened. .� 8 -2 -12 enin Pro osals: The proposals filed with the City Secretary will be opened at the time stated ..� in the advertisement and publicly read aloud and shall thereafter remain on file with the City. Na contract will be entered into based upon such proposals until after forty -eight (48) hours shall have elapsed. Proposals not accompanied by the required proposal guaranty will not be read. B -2 -13 lrrecmlar P asalsr Proposals will be considered irregular if they show any omissions, failure to properly account for duly issued addenda, alterations of form, additions, conditions not called for, unauthorized alternate: bids or irregularities or qualifications of any kind. However, the City reserves the right to waive any irregularities and to make the award in the best interest of the City. 8 -2 -14 Rejection of P osals: The City reserves the right to reject any or all proposals, and all proposals submitted are subject to this reservation. Proposals containing any -� irregularities or showing an unbalanced value of any items may be rejected. Proposals will be rejected for any of the following specific reasons: (a) Proposal received after the time limit for receiving proposals as stated in the advertisement. (b) Proposal submitted without the required bid security. (c) Proposal submitted and not sealed and /or identifiable to a particular project. B -2 -15 Disqualification of Bidders: Bidders may be disqualified and their proposals not considered for any of the following specific reasons: (a) Reason for believing collusion exists among the bidders. (b) Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated. (c) The bidder being interested in any litigation against the City. (d) The bidder being in arrears on any existing contract, having defaulted on previous contracts, or being delinquent in the payment of City taxes. (e) Uncompleted work which, in the Judgment of the City, will prevent or hinder the prompt completion of additional work if awarded. (f) Previous experience investigation reveals poor, incomplete, unacceptable, or inferior work performance and prosecution and lack of fiscal responsibility in paying for services, labor, or products rendered on such previous work. B-2-16 Disclosure of intereats: All entities desiring to do business with the City of Corpus Christi are U required to provide a Disclosure of interests. The required form is included as a part of the proposal. Prospective bidders may submit the form with their (rev. Nov /94) PAGE 6 OF 28 proposal. The successful bidder shall be required to submit the form within seven (7) calendar days of the receipt of bids. The City also reserves the right to require similar statements from all material suppliers and subcontractors of the successful. bidder. 13-3 AWARD AND EpgCUTIDN of Ct7NTRP�CT: B -3 -1 Consideration of Contract: After proposals are opened, the proposals will be tabulated for comparison on the basis of the bid prices and quantities shown in the proposal. Until final award of the contract, the City reserves the right to reject any or all proposals or proceed to do the work otherwise in the best interest of the City- B-3-2 Award of Contract: The City reserves the right to withhold the award of the contract for a reasonable period of time from date of opening proposals, and no award will be made until after investigations are made as to the responsibilities of the low bidder. In the City's considering of an award, the bidder may be requested to submit statements regarding previous experience in performing comparable or similar work, his business or technical organization and equipment to help'the City evaluate the bidder's abilities. The basis for an award will be determined by the lowest responsible bidder (Article 2368a 'VATS) deemed most advantageous to the City and not necessarily the lowest bidder. In no case will a contract be awarded until at least forty -eight (48) hours shall have elapsed from the time of opening proposals. B--3 -3 Kcru al _QpPortunitir Employer Provisions: Every Contractor must agree that during the performance of his contract he will: (1) Treat all applicants and employees without discrimination as to race, color, religion, sex, or national origin. (2) Identify himself as an equal opportunity employer in all help wanted advertising or requests. The Contractor is hereby advised that any complaints filed. with the City alleging that a Contractor is not an equal opportunity employer during the six months preceding the date of receipt of bids will be referred to the Human Relations Commission through its Human Relations Administrator for the purpose of review and recommendations. The report of the Human Relations Commission will be transmitted to the City Engineer who will include a summary of such report with any future bid award recommendations for which the Contractor is a bidder and bring to the attention of the City Council any such report received prior to the issuance of a work order to any such Contractor. A copy of this report shall be sent to the Contractor. The Duman Relations Administrator will follow up any such report and bring to the attention of the Commission any further action by the Contractor which would include that the findings of the Commission should be modified. Any such modified findings of the Commission will be delivered to the City Engineer with a copy to the Contractor and be included in any future bid award recommendations. The City Council reserves the right to consider such reports in determining the best bid and to terminate, on the basis of such report, any portion of a contract for which a work order has not been issued. However, the Contractor is specifically advised that no equal opportunity employment complaint will be the basis for cancellation of any contract for which a work order has been issued. (rev. Nov /94) PAGE 7 OF 28 7 L B -3 -4 surety Bonds•. With the execution and delivery of the contract, the Contractor shall - _furnish � bonds ile with the City, in the.-amounts herein required, the following surety (a) Performance Bond: A good and sufficient bond in an amount equal to one 1 hundred percent (100 %) of the-approximate total amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the Protection of the City and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work, or the use of inferior materials. This bond shall provide for the repair and maintenance of T' all defects due to faulty materials, faulty . combinations of materials, and /or faulty workmanship that appear within a period of one year from the date of completion and acceptance of the improvement by the City, or such lesser or greater period as may be designated in the Special Provisions. A Performance Bond will not be required if the contract . amount does not exceed $25,000.00. (b) Payment Bond: A good and sufficient bond in an amount equal to one hundred percent (100) of the approximate total amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and proper protection of all claimants supplying labor and /or material in the prosecution of the work provided for in said contract and for the use of each such claimant. A Payment Bond will not be required if the contract amount does not exceed $25,000.00. (c) Other Bonds: Other bonds, if required in the Special Provisions. No surety will be accepted by the City who is now in default or delinquent on any bonds or who is interested in any litigation against the City. All bonds shall be issued by an approved surety company authorized to do business in the State of Texas and acceptable to the City, and the surety shall designate an agent who is a resident of Nueces County, Texas. Each bond shall be executed by the Contractor and the surety. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given the Contractor to that effect, and the Contractor shall immediately provide a new surety satisfactory to the City. No payment will be made under the contract until the new surety, or sureties as required, has qualified and been accepted by the City. "The contract shall not be operative nor will any payments be due or paid until approval of the bonds has been made by the -- City. The City requires that the Power of Attorney submitted with any surety bond (Performance, Payment, etc.) be signed with an original signature and properly - dated and sealed. In the event a facsimile Power of Attorney is used, the City must have on file a sworn statement from an officer of the surety company to the effect that the agent who signs the bond form for the surety is currently in good standing with the surety. It is also required that the facsimile be a true copy of the original Power of Attorney on file among the records of the surety in its home office, not be amended or abridge, still be in full force and effect, and that the City will be notified in the event of cancellation of the particular agent- B -3 -5 Execution of Contract: The person or persons, partnership, company, firm, association, corporation, or joint venture to whom a contract is awarded shall, within ten (10) calendar days after such award and after the Contractor has been requested to execute the documents, sign the required contract, furnish the required insurance certificates, and execute the required bonds. No contract shall be binding on the City until it has been attested by the City Secretary, approved as to form by the City Attorney, executed for the City by the City Manager, and delivered to the Contractor. (rev. Nov /94) PAGE 8 OF 23 B -3 -5 Failure to Execute Contract: The failure of the bidder to execute the required bonds, furnish the required insurance certificates, and sign the required contract within ten (10) calendar days after the contract is awarded and the Contractor has been requested to execute the documents shall be considered by the City as an abandonment of his Proposal, and the City may annul the award. By reason of the uncertainty of the market prices of materials and labor and its being impracticable and difficult to determine accurately the amount of damages accruing the City by reason of the said bidder's failure to execute said bonds and contract within ten (10) calendar days, the proposal guaranty accompanying the proposal shall be the agreed amount - of damages which the City will suffer by reason of such failure on part of the bidder and shall thereupon immediately be forfeited to the City. The filing of a proposal will be considered an acceptance of this provision. R -4 SCOPE OF WORK: BB4 -1 Intent of Plans and Specifications: The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. B--4 -2 5ubsidiarsr Work. In the course of furnishing or constructing a complete work or improvement, certain work may be necessary which is subsidiary to the items which are established as pay items. Some such subsidiary work may be shown and specified in detail in the plans and specifications, other work may be less completely shown, and other such work which is entirely necessary for the satisfactory completion of the work as a whole may not be noted on the plans or in the specifications. It shall be the duty of the Contractor to carry out all such subsidiary .work as if fully shown, and the cost of such work shall be made subsidiary to the established pay item. 8 -4 -3 Increased or Decreased Quantities of Workz (a) The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found - necessary, and the Contractor shall perform the work as altered. No allowance will be made for any change in anticipated profits not shall, such changes be considered as waiving or invalidating any conditions or provisions of the contract or bonds. (b) A Major Item as used in this Section shall be construed to be any individual bit item included in the proposal that has a total cost equal to or greater than five percent (5 %) of the total contract cost computed on the basis - of the proposal quantities and the contract unit prices. (c) when the quantity of work to be done or of materials to be furnished under any Major Item of the contract is more than one hundred twenty -five (125 %) of the quantity of that unit stated in the proposal, then either party to the contract, upon demand, shall be entitled to revised consideration on that portion of the work above one hundred twenty -five percent (12S !k) of the quantity stated in the proposal. (d) when the quantity of work done or materials to be furnished under amy Major Item of the contract is less than seventy --five percent (751) of the quantity of that item stated in the proposal, then either party to the contract, upon demand, shall be entitled to revised consideration on the work performed. '_.. (rev. Nov /94) PAGE 9 OF 28 r- L. . (rev. Nov /94) PAGE 10 OF 28 (e) Any revised consideration is to be determined by special agreement or as is hereinafter provided under "Payment for Extra Work". B -4_4 Alteration of Plans and S eci.fications:.._ _ The City reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original plans and specifications or change the general nature of the work as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the contract and bonds. B -4 -5 value Eggineeming Incentive Procedures: After the award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP PIs) identifying potential reductions in the contract cost by effective changes to the contract plans and _ specifications- Any VECP submittal shall include the following: (1) The present contract requirement and description of the proposal change including any modifications to the plans and specifications. (2) The comparative advantages and disadvantages of both the present requirement and the proposed change. (3) An analysis of how the proposed change will alter the function, characteristics and /or performance of a component. (4) A separate detailed cost estimate comparing the cost of the existing requirement and the cost of the proposed change including any costs which might be incurred in testing or evaluation of the proposed change. (5) A comparative projection of the operational and maintenance costs of the existing requirement and the proposed change. (6) A projection of the latest date which the VECP can be incorporated into the contract to achieve maximum cost savings. Any effect upon completion time or delivery schedule should also be noted. -a The City Engineer shall notify the Contractor of the status of the VECP within thirty (30) days of its receipt. Acceptance or rejection of the VECP by the City Engineer shall be final. If the VECP is not accepted, written notification will be provided detailing the reasons for rejection. Any VECP may be accepted in whole or in part. Execution by both parties of a change order to the contract covering the proposed changes shall constitute approval of the VECP and authorization to proceed with the changes. Until such time as the change order is executed, the Contractor shall perform in accordance with the provisions of the existing contract. The Contractor's share of the savings resulting from approval of the VECP shall be fifty percent (50 %) of the net cost savings calculated as follows: Contractor's Share = .50 (existing contract requirement cost - proposed change costs - testing and evaluation costs incurred by the City or Contractor). This savings will be reflected on the change order approving the VECP and authorizing the change. Deletion of contract work or construction items and changes initiated by the City will not be considered as VECP's. In those instances, the City will realize 1001 of the contract reduction or cost savings. (rev. Nov /94) PAGE 10 OF 28 B -4 -6 ,Extra Work: When additional work not shown in the plans and specifications or reasonably inferred as subsidiary work or as normal adaptation to existing conditions is required, the Contractor shall do such work when ordered in writing by the Engineer. Payment for such extra work will be made as hereinafter provided. B 5 CONTROL OF THE WORK AND kIATERIALS B -5--1 Authority of the ti unknown, and the City assumes no responsibility for failure'to shown any or all of these structures on the plans or to show them in their exact location. - it is mutually agreed such failure will not be considered sufficient basis for claims for additional, compensation - for -- extra work.in:.any manner whatsoever unless the obstruction encountered is such as to necessitate substantial changes in the lines or grades or requires the building..of special work for which no provision is made in the plans and which is not essentially subsidiary to some item of work for which provision is made. It is assumed that, as elsewhere provided,_ the Contractor has thoroughly inspected the site, is informed as to the correct location of surface structures, has included the cost of such incidental work in the prices bid, and has considered and allowed for all foreseeable incidental work due to variable subsurface conditions, whether such conditions and such work are fully and properly described on the plans or not. Minor changes and variations of the work specified and shown on the plans shall be expected by the Contractor and allowed for as incidental to the satisfactory completion of a whole and functioning work or improvement. H -5 -5 Coordination of Plans. Sneci.fications, Pro osal and_Soecial Provisions: The plans, general provisions, proposal, special provisions, standard specifications and all supplemental documents are intended to describe a complete work and are essential parts of the contract. A requirement occurring in any of them is binding. In case of discrepancies, figured dimensions shall govern over scale dimensions; plans shall govern over specifications; special provisions shall govern over both general and standard specifications; and plans and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the plans and specifications, and the city Engineer shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the plans and specifications. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this to the attention of the Engineer. 5 -5 -6 Cooperation of Contractor: The Contractor will be supplied with three (3) copies of the plans and specifications. The Contractor shall have available on the work at all times one copy of said plans and specifications. The Contractor shall give to the work the consistent attention necessary to facilitate the progress thereof, and he shall cooperate with the City Engineer, his authorized representatives, and with other contractors in every way possible. The Contractor shall provide a competent superintendent on the work at all times who is fully authorized as his agent on the work. Such superintendent shall be capable of reading and understanding the plans and specifications and shall receive and fulfill instructions from the City Engineer or his authorized representatives. The Contractor shall provide all facilities to enable the Engineer or Inspector to inspect the workmanship and materials entering into the work. On marine work, the Contractor shall furnish motorboat transportation as required by the Engineer for the purpose of inspecting the work. The superintendent shall keep the City Engineer or his representative informed of the work he is planning to do and the work schedule. n -5 -7 Construction Stakin The Engineer will furnish the contractor with lines, grades, and measurements necessary for the proper prosection and control, of the work contracted for under these specifications. Such stakes or markings as the Engineer may establish either for his own use or the Contractor's guidance shall be preserved by the Contractor until authorized by the Engineer to remove same. Unnecessary destruction of stakes shall not be allowed by the Contractor. The Contractor shall be bound to examine the stakes set and check the lines and grades thus set against the plans and profiles, and shall be accountable particularly that gutters, structures, and pipes which drain in a certain direction an the plans do so drain when constructed. (rev. Nov /94) PAGE 12 OF 28 7 �J B_5 -8 Source of Su 1 of Materials_ The materials shall be the best procurable as required by the plans, specifications, and special provisions. The Contractor shall not start delivery of materials until the Engineer has approved the source of supply. only material conforming to these specifications shall be used, only after written approval has been given by the Engineer, and only so long as the quality of said materials -- remains equal to the requirements of the specifications. The contractor shall furnish approved materials from other sources if for any reason the product from any source at any time before commencement or during the prosecution of the work proves unacceptable. After approval, any material which has become mixed with or coated with dirt or any other foreign substances during its delivery and handling will not be permitted to be used in the work. New material is required unless otherwise specially provided in the plans and specifications. B -5-9 Samples and Tests of Materials: Where, in the opinion of the Engineer or as called for in the specifications, tests of material are necessary, such tests will be made at the expense of the City unless otherwise provided. The failure of the city to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials conforming to the specifications. Tests, unless otherwise specified, will be made in accordance with the latest methods of the American Society for Testing Materials. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not use the materials represented by the samples until tests have been made. The Contractor shall furnish adequate samples without charge, B -5 -10 "Or Ec qualn Clause: All bids shall be based on the specified products. Where two or more products are specified for an item of work, either one thereof is acceptable and the choice is left to the Contractor. Where only one product is specified, and where the term "or approved equal "or similar wording is used in connection with specified products, the Contractor may, if he so desires, offer for consideration a substitute product which he judges to be equal in every respect to the required product. When a specific process is specified as well as a guarantee of the results, the Contractor shall, if in his judgement the process may not produce the required result, offer for approval an alternative process which he would guarantee. All such offers shall be made in writing to the Engineer after award of contract. The Contractor shall furnish to the Engineer with the first submittal sufficient drawings, specifications, samples, performance data, and other information necessary to assist the Engineer in determining whether the proposed substitution is acceptable. The burden of proof shall be upon the Contractor. No consideration will be given to incomplete submittals. Substitutions must be approved in writing before they may be used. Stc�aeage of Materials: Materials shall be stored so as to insure the preservation of their quality and fitness for the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. Particular attention is directed to the storage or structural steel and reinforcing steel, which shall not be stored on the ground. B -5--12 Removal of Defective and Unauthorized Work: 1 All work which has been rejected or condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be removed and replaced at the Contractor's expense. Defective materials shall be immediately remove from the site of the work. Work done without line and grade having been given, work done _ (rev. Nov /94) PAGE 13 OF 28 r B- 5 -14 Warranty Inspection: Forty -five (45) to sixty (60) days prior to the expiration of the maintenance guaranty period as specified in the contract documents, a warranty inspection will be made. The Contractor may be notified when this examination will be made so that he or his representatives may be present. Within the maintenance guaranty period, the Contractor when ordered by the Engineer, shall repair, replace or rebuild such portions which are found to be faulty because of materials or workmanship. The Contractor shall begin the remedial work within ten (10) calendar days of written order by the Engineer. In case the Contractor does not start remedial wok within the above time limit, or in case of an emergency condition caused by faulty work, the City may take remedial action and charge the cost thereof against the Contractor and /or his surety. B -6 LEGAL. RELATIONS AND PUBLIC RESPONSIBILITY: 8-6 -1 Laws to be observed: The Contractor shall at all times observe and comply with all federal and State Laws and City ordinances and regulations which in any manner affect the conduct of the work and shall observe and comply with all orders,laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No pleas of misunderstanding or ignorance thereof will be considered. The Contractor and his surety shall indemnify and save harmless the City and all its officials, agents, and employees against any claims or liability arising from or based on the violation of any such law, ordinance, regulation or order, whether by himself or his employees. B -6 -2 Permits and Licenses: The Contractor shall procure all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees (except City fees) , give all notices necessary and incidental to the due and lawful prosecution of the work, and arrange for all building, plumbing, electrical or other inspections as appropriate. (rev. Nov/ 94 ) PAGE 14 OF 28 beyond the lines or not in conformity -with 'the grades.. shown on the plans or as given, save as herein - provided,, work done without. proper inspection, or any extra or unclassified done without prior agreement ewill T writing as to Prices shall be done attheu Contractor, risk d be j considered unauthorized and, at the option of the Engineer, may not be measured ~� . and paid for and may be ordered removed at" the Contractors expense. Upon failure of the Contractor to repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice ..from_ the Engineer, the- Engineer will, -...af ter_ giving -- written -` notice to the Contractor, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost thereof from any monies due or to become due the Contractor. B -5 -13 Final Ins ectian. w The Engineer will make final inspection of all work included in the contract as soon as practicable after the work is completed and ready for acceptance. if the work is not acceptable to the Engineer at the time of such inspection, he will inform the Contractor as to the particular defects to be remedied before final acceptance will be made. Previous inspection by the Engineer or his representatives during the course of the work shall not be interpreted as approval or acceptance of work or materials which on final inspection are found to be defective or note in accordance with the contract and its duly authorized modifications. B- 5 -14 Warranty Inspection: Forty -five (45) to sixty (60) days prior to the expiration of the maintenance guaranty period as specified in the contract documents, a warranty inspection will be made. The Contractor may be notified when this examination will be made so that he or his representatives may be present. Within the maintenance guaranty period, the Contractor when ordered by the Engineer, shall repair, replace or rebuild such portions which are found to be faulty because of materials or workmanship. The Contractor shall begin the remedial work within ten (10) calendar days of written order by the Engineer. In case the Contractor does not start remedial wok within the above time limit, or in case of an emergency condition caused by faulty work, the City may take remedial action and charge the cost thereof against the Contractor and /or his surety. B -6 LEGAL. RELATIONS AND PUBLIC RESPONSIBILITY: 8-6 -1 Laws to be observed: The Contractor shall at all times observe and comply with all federal and State Laws and City ordinances and regulations which in any manner affect the conduct of the work and shall observe and comply with all orders,laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No pleas of misunderstanding or ignorance thereof will be considered. The Contractor and his surety shall indemnify and save harmless the City and all its officials, agents, and employees against any claims or liability arising from or based on the violation of any such law, ordinance, regulation or order, whether by himself or his employees. B -6 -2 Permits and Licenses: The Contractor shall procure all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees (except City fees) , give all notices necessary and incidental to the due and lawful prosecution of the work, and arrange for all building, plumbing, electrical or other inspections as appropriate. (rev. Nov/ 94 ) PAGE 14 OF 28 B -6 -3 Patented Devices Materials and Processes: If the Contractor is required or desires to use any design, device, material or process covered by letters, patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. It is mutually agreed and understood that, without exception, contract prices shall include all royalties or costs arising from patents, trademarks and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material or process or any trademark or copyright in connection with the work agreed to be performed under this contract and shall indemnify the City for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 8 -6--4 Sanit Provisions: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infection or contagious diseases and to prevent effectively the creation of a nuisance about the work or any property either public or private, and such regulations as are required by the Engineer shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for the use. of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as will be approved by the Engineer, and their use shall be strictly enforced by the Contractor, All sanitary laws and regulations _ of the State of Texas and the City of Corpus Christi shall be strictly complied with. B -6 -5 Public Convenience and Safety: Materials stoned about the work shall be so placed and the work shall at all times be so conducted as to cause no greater obstruction to the traveling public than is considered necessary by the Engineer. The Contractor shall, upon direction of the Engineer, make provisions by bridges or otherwise at sidewalks and private driveways for the free passage of pedestrians and vehicles provided that, where bridging is impracticable or unnecessary in the opinions of the Engineer, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of roadways and bridges. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials or plant used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fare hydrants, water valves, gas valves, manholes for telephone, telegraph, signal or electric conduits, sanitary or storm sewers,and fire alarm or police call boxes in the vicinity. The City reserves the right to remedy any neglect on the part of the Contractor as regards the public convenience and safety which may come to its attention after twenty -four hours notice in writing to the Contractor except in case of emergency when it shall have the right to remedy any neglect without notice, and _., in either case,the cost of such work done by the City shall be deducted from monies due or to become due the Contractor. The Contractor shall notify the Fare and Police Division Headquarters when any street is closed or obstructed. Where the Contractor is required to construct temporary bridges or make other arrangements for crossings over ditches or streams, his responsibility for accidents shall include the roadway approaches as well as the structures of such crossings. The Contractor shall mark all detours as directed by the Engineer so that the entire route of the detour is designated, such markings to be by neat and workmanlike signs large enough and so painted and so placed as to be clearly visible. I (rev. Nov /94) PAGE 15 OF 28 L... Where the work encroaches upon any right -of -way of any railway, the City will secure the necessary easement for the work. Where railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to methods of doing the work or precautions for safety of property and the public. All negotiations with the railway company, except for right -of -way, shall be made by the Contractor. The railway company shall be notified by the Contractor not less than five (5) days previous to time of his j intentions to begin the work. The Contractor will not be paid direct compensation for such railway crossing but shall receive only the compensation for such railway crossing as set out in the proposal. 5 -6 -8 Traffic Control Devices: Where the Contractor's operations are carried on in or adjacent to any - public right -of --way or public place and which, in the opinion of the City Engineer, interferes with normal vehicular and pedestrian traffic, the Contractor shall take appropriate measures to protect persons, property and the work. such measures shall include but not be limited to barricades, lights, signs, fences, flagmen, and watchmen_ Such measures shall be taken to exclude or route pedestrian and vehicular traffic around the work and area of operations. Barricades,lights, signs and flagmen shall be utilized in accordance with the Uniform Barricading Standards and Practices as adopted by the City. The Contractor shall be responsible for all damages to persons, property and the work occasioned by his operations and said responsibility shall not cease until the project has been accepted by the City. B -6 -9 Use of Sxulosiveg: Should the Contractor elect to use explosives in the prosecution of the work, the utmost care shall be exercised so as not to endanger life or property_ The City shall not be held liable for damages done by the Contractor in the use of explosives. The Contractor shall notify the proper representatives of any public service corporation, any company or any individual not less than eight (8) hours in advance of the use of explosives which might damage or endanger their or his property along or adjacent to the work. wherever explosives are stored or kept, they shall be stored in a safe and secure manner, and all storage places shall be plainly marked "DANGEROUS MLPLOSIVES" and shall be under the care of a competent watchmen at all times. B -6 -10 Protection and Restoration of Progertya Where the work passes over or through private property, the City will provide such right -of -way. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, (rev. Nov /94) PAGE 16 OF 28 5 -6 -6 Privil es of Contractor in Streets AIlq s and Ri ht -af -Wa For the performance of the contract, the Contractor will be permitted to occupy ' such portions of streets or alleys,or other public places or other right-of-way,j as provided for in the ordinances. of the City, as shown on the plans or as permitted by the Engineer. A reasonable amount of tools, materials and equipment for construction purposes may be stored in such space but not more than is necessary to avoid delay in the construction. Excavation and waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designated to be left free and unobstructed. Other Contractors of the City may, for all purposes be required by their contracts, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contractors of the City all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. B -6--7 RaiLMa Crossin s: : Where the work encroaches upon any right -of -way of any railway, the City will secure the necessary easement for the work. Where railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to methods of doing the work or precautions for safety of property and the public. All negotiations with the railway company, except for right -of -way, shall be made by the Contractor. The railway company shall be notified by the Contractor not less than five (5) days previous to time of his j intentions to begin the work. The Contractor will not be paid direct compensation for such railway crossing but shall receive only the compensation for such railway crossing as set out in the proposal. 5 -6 -8 Traffic Control Devices: Where the Contractor's operations are carried on in or adjacent to any - public right -of --way or public place and which, in the opinion of the City Engineer, interferes with normal vehicular and pedestrian traffic, the Contractor shall take appropriate measures to protect persons, property and the work. such measures shall include but not be limited to barricades, lights, signs, fences, flagmen, and watchmen_ Such measures shall be taken to exclude or route pedestrian and vehicular traffic around the work and area of operations. Barricades,lights, signs and flagmen shall be utilized in accordance with the Uniform Barricading Standards and Practices as adopted by the City. The Contractor shall be responsible for all damages to persons, property and the work occasioned by his operations and said responsibility shall not cease until the project has been accepted by the City. B -6 -9 Use of Sxulosiveg: Should the Contractor elect to use explosives in the prosecution of the work, the utmost care shall be exercised so as not to endanger life or property_ The City shall not be held liable for damages done by the Contractor in the use of explosives. The Contractor shall notify the proper representatives of any public service corporation, any company or any individual not less than eight (8) hours in advance of the use of explosives which might damage or endanger their or his property along or adjacent to the work. wherever explosives are stored or kept, they shall be stored in a safe and secure manner, and all storage places shall be plainly marked "DANGEROUS MLPLOSIVES" and shall be under the care of a competent watchmen at all times. B -6 -10 Protection and Restoration of Progertya Where the work passes over or through private property, the City will provide such right -of -way. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, (rev. Nov /94) PAGE 16 OF 28 culverts, bridges, pavements, driveways, sidewalks, etc., to all water, sewer and gas lines; to all conduits, to all overhead pole lines, or appurtenances thereof; and to all other public and private property along or adjacent to the work. The Contractor shall be responsible for all damage or injury to the property of any character resulting from any act, omission, neglect or misconduct in the execution of the work or in consequence of the non- execution thereof on the part of the Contractor, he shall restore or have restored at his Own cost and expense such property to a condition similar to equal to that existing before such damage or injury was done by repairing, rebuilding or otherwise restoring as may be directed, or he shall made good such damage from injury in a manner acceptable to the owner or the Engineer_ In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Engineer may, after forty -eight (48) hours written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results,. proceed to repair, rebuild or otherwise restore such property as may be determined necessary, and the cost thereof will be deducted from any monies due or to become due the Contractor under his contract. 13-6-11 Resmpnsibility for Dmage Claims: The Contractor shall not commence work under this contract until he has obtained all insurance required herein and such insurance has been approved by the City. The Contractor shall not allow any subcontractors) to commence work until all similar insurance required of the subcontractors) has been so obtained. Within ten (10) calendar days after the date the City requests that the Contractor sign the contract documents, the Contractor shall furnish the City with certificates of insurance evidencing that the Contractor has obtained insurance coverage of the types more particularly described below in parts (a) through (e) of this section. (For self- insured workers' compensation coverage, other documents, specified hereafter, may be substituted for the certificate of insurance just described) . The workers' compensation insurance policy need not list the City as an additional insured. Additionally, all certificates of insurance shall, state the name of the project in the "Description of Operations" section of such certificate. These certificates and any subsequent insurance certificates in connection with this particular contract shall be delivered to the offices of the City Engineer. The Certificates of Insurance shall, state that ten (10) days written notice will be given the City before any policy covered thereby is changed or canceled and shall shown the following minimum coverage in an insurance company acceptable to the City. The City reserves the right to modify minimum limits based upon the nature and scope of the work. The Contractor agrees to comply with the Supplemental Insurance Requirements stated in the "Special ]Provisions" section of this contract. (a) General Liability, including Commercial General Form; Premises - Operations; Explosion & Collapse Hazard; Underground Hazard; Products /Completed Operations Hazard; Contractual Insurance, with an endorsement on the face of the ._ certificate that it includes the "Hold Harmless" in the last paragraph of this provision; Broad Form Property Damage; Independent Contractors; and Personal Injury: MINIMUM INSURANCE COVERAGE -- Bodily Injury and Consequent Death . . . . . . . $300,000 Per Person Bodily injury and Consequent Death . . . . . . . $500,000 Each Occurrence A-. Property Damage . . . . . . . . . . . . . . . . . $100,000 Each Occurrence (b) Automobile_ Liability_ - Owned, Nonowner or Rented: MINIMUM INSURANCE COVERAGE Bodily Injury and Consequent Heath $100,000 Per Person Bodily Injury and Consequent Death . . . . . . . $300,000 Each Occurrence Property Damage . . . . . . . . . . . $100,000 Each Occurrence r (rev. NoV/ 94 ) PAGE 17 OF 28 j .,. (c) Workers Comoensataon and occuatianal Diseases: p The Contractor shall obtain workers compensation insurance coverage through a licensed insurance company or through self - insurance obtained in accordance with Texas law.. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self- insurance, then within ten (10) � calendar days after the date the City re Y y quests that the Contractor sign the contract documents, the Contractor shall provide the City with a copy of its certificate of authority to self- insure its workers' compensation coverage as well as a letter, signed by the Contractor, stating that the certificate of authority to self - insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the work by the City, such certificate of authority to self - insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Contractor shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P.O. Box 9277, Corpus Christi, Texas 78469 - Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self - insurance, the coverage provided must be in an amount sufficient to assure that all worker' compensation obligations incurred by the Contractor will be promptly met. (d) E to er's Liability; Minimum Insurance-Coverage -_- $100,000_Per_Person (e) Builder's Risk Insurance Coverage: Contractor will be responsible for providing builder's risk insurance coverage for the term of the contract up to and including the date the City finally accepts the project or work. Builder's risk coverage shall be an "All Risk" form. The policy shall be a completed value form. The Contractor shall provide such builder's risk coverage as indicated in the Special Provisions, which is estimated to be the value at completion of the real or personal property to be constructed, repaired or otherwise improved under the contract. Contractor shall be responsible for paying all costs necessary to procure such builder's risk insurance coverage, including any deductible. The City shall be named an additional insured on any policies providing such insurance coverage. In the event of accidents of any kind, the Contractor shall furnish the City with copies of all reports such accidents at the same time that the reports are forwarded to any other interested parties. It shall be the Contractor's primary responsibility for immediately notifying the carriers of any dr all insurance - under this contract in the event of a known loss or claim presented to the Contractor by the City or a third party. 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 other person indemnified hereunder. (rev. Nov /94) PAGE 18 OF 28 B-6 -12 Contractor's Claim for Dama es: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the City, he shall, within three (3) days after sustaining such alleged damage, make a written statement to the City Engineer, setting out in detail the nature of the alleged damage; and on or before the twenty -fifth (25th) day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the City Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the City Engineer access to all books of accounts, receipts, vouchers, hills of lading and other books or papers containing any evidence as. to the amount or such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived and he shall not be entitled to payment on account of such damage. H -0 -13 Public Utilities and Other Proverty to be Changed: In case it is necessary to change or move, the property shall not be moved or interfered with until ordered to do so by the Engineer, unless the plans or specifications show that such work is to be done by the Contractor_ The right is reserved to the owner of public utilities to enter upon the limits of the contract for the purpose of making such changes or repairs of their property that may be necessary by performance of the contract. The City reserves the right of entering upon the limits of the contract for the purpose of repairing or relaying sewer, gas and water lines and appurtenances, repairing structures, etc., and making other repairs, changes or extensions to any City property. B -6 -14 Temporary Sewer and Drain Connections: When existing sewers have to be taken up or removed, the Contractor shall, at his cost and expense, provide and maintain temporary outlets and connections for all private or public drains or sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers; and for this purpose, he shall provide and maintain, at his own expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own expense, shall construct such troughs, pipes or other structures necessary and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such time as the permanent connections are built and in service. The existing sewers and connections shall be kept in service and maintained under the contract except where specified or ordered to be abandoned by the Engineer. All water or sewage shall be disposed of in a satisfactory mariner so that no nuisance is created and so. that the work under construction will adequately be protected. B --6 -15 Arrangement and ghaa for Water Furnished the Cit : Where the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the City of Corpus Christi, Department of Public Utilities for so doing. However, this in no way obligates the City to provide water. B -6 -16 Use of Fire Hydrants: No person shall open, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valves or stop cock, or tap and water main belonging to the City unless duly authorized to do so by the City of Corpus Christi, Water Division Superintendent. B -6 -17 Use of a Section or Portion of the Work: Wherever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these specifications or the contract pending final (rev. Nov /94) I- PAGE 19 OF 28 The City reserves the right to make essential installation of items not included in the contract prior to acceptance of the project from the Contractor. Within this right; the City may let other contracts or may d4 such work with its own materials and labor forces. The City, in reserving this right, warrants that it will cooperate with the Contractor's forces and goals. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or company or by City employees. The Contractor shall cooperate to the end that the City may realize a complete functioning of the project on the date of Final Acceptance. B -6 -19 Contractor's Resnonsibi.lity for the Work: Until written acceptance by the Engineer, as provided for in these specifications, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any other cause whatsoever, whether arising from the execution or non - execution of the work. The Contractor shall rebuild, repair, restore and make good, at his own cost and _ expense, all injuries or damages to any portion of the work occasioned by any of the hereinabove causes. 8 -6 -20 No Waiver of Legal Right: Inspection by the Engineer, any order, measurement, quantity or certificate by the Engineer; any order by the City for payment of money; any payment for or acceptance of any work; or any extension of time; or any possession taken by the City shall not operate as a waiver of any provisions of the contract or any power therein reserved to the City of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be waiver of any other or subsequent breach. The City reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The City reserves the right to claim and recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the Contractor or his agents and the Engineer or his assistants, discovered in the work after the final payment has been made. B -6-21 Indemnification and Hold Harmless: 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, or the operations or activities of the Contractor or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. B-6-22 Tax &WMtion Provision: Contracts awarded by the City of Corpus Christi qualify for exemption pursuant to the provision of Article 20.04 (H) of the Texas Limited Sales, Excise and Use 'fax Act. (rev. Nov /94) PAGE 20 OF 28 The Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's Ruling #95 -0 -07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's Ruling #95-0.09 as amended to be effective October 2, 1968. S -7 PROSECUTION AND PRO MESS; B--7 -1 Subletting the Work_ The Contractor shall perform with his own organization and with the assistance of workmen under his immediate superintendence, work of a value not less than fifty percent (50 %) of the value of all work embraced in the contract exclusive of items not commonly found in contracts for similar work or which require highly- specialized knowledge, craftsmanship and /or equipment not ordinarily available in the organizations of Contractors performing work of the character embraced in the contract. No portion of the work covered by these specifications and contract, except contracts for purchase and delivery of materials, shall be sublet without written permission of the City. If the Contractor sublets any part of the work to be done under his contract, he will not, under any circumstances, be relieved of his responsibility and obligations_ All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees and /or workmen and shall be subject to the same requirements as to character, competency, wages and hours. The City will not recognize any subcontractor on the work. The Contractor shall, -- at all times when the work is in operation, be represented either in person or by a qualified superintendent or other designated representative. B -7--2 Assicrnmentof Contract: The Contractor shall not assign, transfer, convey or otherwise dispose of the contract or his right, title or interest in or to the same, or any part thereof, without the previous consent of the City Council and concurred in by the sureties. If the Contractor does without such previous consent assign, transfer, convey or otherwise dispose of the contract or of his rights, title or interest therein, or any part thereof to any persons, partnership, company, firm or corporation, or by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract or make default in or abandon said contract, then the contract may, at the option of the City, be revoked or annulled, unless the sureties shall successfully complete said contract; and any monies due or to become due under said contract shall be retained by the City as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual, damages. B -7-3 Prosecution of the Work: Prior to beginning construction operations, the Contractor shall submit to the Engineer a chart or brief of his work schedule outlining the manner and sequence of prosecution of the work that he intends to follow in order to complete the contract within the allotted time. Whenever, during the course of the work, this planned sequence and /or method must be revised, such revision shall be submitted in writing to the Engineer. The Contractor shall begin the work to be performed under this contract within the time limit stated in the Agreement and shall conduct the work in such a manner and with sufficient equipment, materials and labor as is necessary to insure its completion within the time limit. The sequence of all construction operations shall be at all times as directed be or approver by the Engineer_ Such direction or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the contract. Should the prosecution of the work be discontinued by the Contractor, he shall notify the Engineer at least twenty -four (24) yours in advance of resuming operations_ r-- (rev. Nov /94) r�- L PAGE 21 OF 28 "B, -7 -4 Limitation of erations a `-7 The work shall be so- conducted as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor � has obstructed or closes or is carrying on operations on a greater portion of the street or public way than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the sections on which work is in progress before operations are started on any additional section. 1 B -7 -5 Character- of Workmen..and Eauityment : Local labor shall be used by the Contractor it available. The Contractor may bring in from outside the City his key employees and superintendent. All other employees, including equipment operators, maybe imported only after the local supply is exhausted. The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent and the Engineer may demand the dismissal of any person or persons employed by the Contractor in, about or on the work who shall misconduct himself or be incompetent or negligent in the proper performance of his or their duties or neglect or refuse to comply with the directions of the Engineer, and such person or persons shall not be employed thereon again without the written consent of the Engineer. All workmen shall have sufficient skill and experience to perform properly the work assigned them. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory working condition. Equipment on any portion of the work shall be such that no injury to the work or adjacent property will result from its use. B -7 -6 Working Hours; r- Work shall be done only during the regular and commonly accepted and prescribed working hours. No work on any unit of this contract shall be performed before 7 a.m., or after 5 p.m., or on Sunday, or on a regular holiday as listed in the definitions, unless special permission is given in writing by the Engineer_ Excepted from the preceding shall be the setting of flashers, maintenance of barricades, wetting of concrete curing mats, and such measures as the Contractor must take to protect life and property, as are of an emergency nature and not merely extensions of the regular working day. Attention is directed to the definition for contract time. 5 -7--7 Time of Commencement and Co—m- letion: The Contractor shall commence the work within the time specified, and the rate of progress shall be such that the whole work will be performed and the premises cleaned up in accordance with the contract, plans and specifications within the time limit specified in the contract unless an extension of time he made in the manner hereinafter specified. 8 -7 -8 Extension of Time of CeWletion= The.Contractor shall be entitled to an extension of time as provided herein only when claim for such extension is submitted to the City in writing by the Contractor within seven (7) days from and after the time when any alleged cause of delay shall occur, and then only when such claim is approved by the City. In adjusting the contract time for the completion of the project., unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including but not restricted to inability to obtain supplies and materials, acts of God, or the public enemy, acts of the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather conditions (weather which is beyond the normal weather recorded and expected for the season or seasons of the year in the records of the National Oceanic and Atmospheric Administration's Climatic Data Center), or delays of subcontractors (rev. Nov /94) PAGE 22 OF 28 due to such causes; all provided that actual stoppage of work ensues and no fault of the Contractor is involved. if the satisfactory execution and completion of the contract should require work and materials in a greater amount, or quantities, than those set forth in the contract, then the contract time shall automatically be increased the same proportion as the cost of the additional work bears to the cost of the original work contracted for. P ?o allowance will be made for delays or suspension of the prosecution of the work due to the fault of the Contractor. B -7--9 Ca utation of Contract Time for Co ietion: For the purpose of computation, the contract time shall begin with the tenth (10th) calendar day after the date of the written authorization by the City Engineer to begin work, or such earlier date as work, other than the delivery of materials, is actually commenced. The Engineer shall furnish the Contractor a monthly statement showing the days (calendar or working) charged during the month. If no protest as to the correctness of the statement is filed within seven (7) days by the Contractor, the statement will stand. Contract time shall be charged as described under the definition thereof. B- 7--10_ Failure_ toCO tolete on Time: The time of completion is the essence of the contract. For each day (calendar or working) that any work shall remain uncompleted after the time specified in the time specified in the proposal and contract, or the increased time granted by the City, or as automatically increased by additional work or materials ordered after the contract is signed, a sum per day will be deducted from the monies due the Contractor, not as a penalty but as liquidated damages. This sum of liquidated damages per day will be as shown in the special provisions, proposal or elsewhere in the contract documents. The sum of money thus deducted for such delay, or noncompletion is not to be considered as a penalty but shall be deemed, taken and treated as reasonable liquidated damages since it would be impracticable and extremely difficult to fiat the actual damages, with such sums of money to be deducted from Contractor's monies at the time or times such damages begin to occur, thence to the completion of construction. B -7--11 Suspension by Court Order: The Contractor shall suspend such part or parts of the work ordered by the Court, and will not be entitled to additional compensation by virtue of such Court Order. Neither will he be liable to the City in the event and for the time the work is suspended by Court order. B -7 -12 TeTworary Suspension: The Engineer shall have the authority to suspend the work wholly or in part for such period or periods as he may deem necessary due to unsuitable weather conditions as are considered unfavorable for the suitable prosecution of the work. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct r or impede the public unnecessarily or become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work and erect temporary structures where necessary. The Contractor shall not suspend work without written authority from the Engineer and shall proceed with work promptly when notified by the Engineer to resume operations. r.. (rev. Nov /94) PAGE 23 OF 28 r- L. The work or any portion of the work under contract shall be. suspended � immediately on. written order of the City Engineer or the City Manager, a copy of } such notice to be served on the Contractor's sureties, or the contract may be annulled by the City for any good cause or causes, among others of which special reference is made to the following: 1 (a) Failure of the Contractor to start the work within the specified number of calendar days from the date of written notice by the City to begin the work. (b) Substantial evidence that the progress of the work being made by the Contractor is insufficient to complete the work within the specified time. (c) Failure of the Contractor to provide sufficient and proper equipment for properly executing the work. (d) Substantial evidence that the Contractor has abandoned the work. (e) Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work. (f) Deliberate failure on the part of the Contractor to observe any requirements of these specifications or to comply with any orders given by the Engineer as provided for in these specifications. (g) Failure of the Contractor to promptly make good any defects in materials or workmanship, or any defects of any nature, the correction of which has been directed in writing by the Engineer. (h) substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of the work under contract. When the work is suspended for any of the causes itemized above or for any other cause or causes, the Contractor shall discontinue the work or such part thereof as the City shall designate, whereupon the sureties may, at their option, assume the contract or that potion thereof which the City has ordered the Contractor to discontinue, and may perform the same, or may, with the written consent of the City, sublet the work or that portion of the work so taken over, provided however that the sureties shall exercise their option, if at all, within two (2) weeks after the written notice to discontinue the work has been served upon the Contractor and upon the sureties or their authorized agents. The sureties in such event shall assume the Contractor's place in all respects, and = shall be paid by the City for all work performed by them in accordance with the terms of the contract. All monies remaining due the Contractor at the time of his default shall thereupon become due and payable to the sureties as the work progresses, subject to all the terms of the contract. In case the sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract or that portion thereof which the City has ordered the Contractor to discontinue, then the City shall have the power to complete by contract or otherwise as it may deem necessary; and the Contractor hereto agrees that the City shall have the right to take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purpose of his work and to procure other tools, equipment and materials for the completion of the same, and to charge to the account of the Contractor the expenses of said contract or labor, materials, tools, equipment and expenses incidental thereto. The expense so charged shall be deducted by the City out of such monies as may be due or may at any time thereafter become due the Contractor under and by virtue of the contract or any part thereof. The City shall not be required to obtain the lowest bid for the work of completing the contract, but the expenses to be deducted shall be the actual cost -of such work. in case such expense is less than the sum which would (rev. Nov /94) PAGE 24 OF 28 have been payable under the contract if the same had been completed by the Contractor, there in such case, the City may pay to the Contractor the difference in cost provided that the Contractor shall not be entitled to any claim for damages or for loss of anticipated profits; in case such expense shall exceed the amount which would have been payable under the contract if the same had been completed by the Contractor, then the Contractor and his sureties shall pay the amount of such excess to the City on notice from the City of the excess due. When any particular part of the work is being carried on by the City by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the contract, and in such manner as not to hinder or interfere with the performance of workmen employed as above provided by the City. 5 -7 -14 Termination of Contract: The contract will be considered fulfilled, saved as provided in any maintenance stipulations, bond or by law, when all the work has been completed, the final inspection made by the Engineer, and final acceptance and final payment r._ made: by the City. $ -8 MEASUREKEST AND PAYMENT: r r'- 8 -8 -1 Measurement of S2gantities: The determination of quantities of work acceptably completed under the terms of the contract, or as directed by the Engineer in writing, will be made by the Engineer, based on measurements made by the Engineer. These measurements will be taken according to the U.S. Standard Measurements, used in common practice, and will be the actual length, area, solid contents, numbers and weight. it is pointed out that inclusion in the standard construction specifications of paragraphs describing methods of measurement and payment is not intended to imply that separate payments shall be made under each such standard specification. The units for which payment shall be made are those stated in the proposal. B-8 -2 Unit price: Where in the proposal form a "Unit Price" is set forth, the "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, appliances, plant and equipment appurtenant to and necessary for construction in every detail and the completion in a first class, workmanlike manner of all the work to be done under these specifications. The "Unit Price" shall also include all permanent protection of overhead, surface and underground structures, cleaning up, finish, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements, delay, profit, injuries, damages, claims and all other items not specifically mentioned that may be required to construct fully each item of the work complete in place. 5 -8--3 5c9pe of Payment: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, equipment and incidentals; for performing all work contemplated and embraced under the contract; for all lose or damage arising out of the nature of the work or from the action of the elements; for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work and before its final acceptance by the Engineer; for all risks of whatever description connected with the prosecution of the work; for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the work as herein specified; for any infringement of patents, trademarks or copyrights; and for completing the work in an acceptable manner according to the plans and specifications. The payment of any current or partial estimate prior to final acceptance of the work by the City shall in no way constitute an acknowledgement of the acceptance of the work nor in any way prejudice or affect the obligation of the Contractor to repair, correct, renew, or replace, at his expense, any defects or imperfections (rev. Nov /94) PAGE 25 OF 28 in the construction or in the strength or quality of the materials used in or about the construction of the work under contract and its appurtenances, nor any damage due or attributed to such defects, imperfections or damage shall have been discovered on or before the final inspection and acceptance of the work. The Engineer shall be the sole judge of such defects, imperfections or damage; and the Contractor shall be liable to the City for failure to correct the same as provided herein. B- 8- 4-Payment for Extra Work; Extra work authorized and approved by the City Engineer and performed by the Contractor will be paid for in the manner hereinafter described, and the compensation thus provided shall be accepted by the Contractor as payment in full for all labor, material, tools, equipment and incidentals and all superintendents' time and timekeepers' services, all insurance, bond and all other overhead expenses incurred in the prosecution of the extra work. Payment for extra work will be calculated on one of the following basis, subject to all other conditions of the contract: (a) By unit prices agreed on in writing by both parties, payment to be for the quantity actually installed as finally measured. (b) By a lump sum price agreed on in writing by both parties. (c) By actual field cost of the work plus fifteen percent (15%) as described hereinbelow, agreed on in writing by both parties. in the event extra work is to be performed and paid for under this method, the actual field cost of the work will include the cost of all workmen, foremen., timekeepers, [mechanics and laborers, and materials, supplies, trucks, rental or machinery equipment, only for the time actually employed or used on such extra work, plus all power, fuel, lubricants, water and similar operating expenses, and a rateable proportion of premiums on Performance and Payment Bonds, public liability and Workmen's Compensation and all other insurance required by law or ordinance. The Engineer will direct the form in which the accounts or actual field cost will be kept and will specify in writing the methods of doing the work, and the type and kind of machinery and equipment to be used, and shall have authority to suspend such extra work if in his judgement it is being conducted in a manner wasteful of materials, equipment, or labor, or is not being prosecuted in an efficient manner. The fifteen percent (15 %) of the actual field cost to be paid the Contractor shall cover and compensate him for profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. The Contractor shall give the Engineer access to all accounts, bills, invoices and vouchers relating thereto. In the event agreement cannot be reached on method or prices of payment for extra work, the City reserves the right to enter on the job with its own forces or to hire other contractors to perform such extra work. B -8 -5 ]Pol Ey on Extra Work and Change orders: The City Council of the City of Corpus Christi has adopted the following Construction Change order Policy which will be applicable to all City construction projects, and the Contractor is hereby advised to be so guided in the proceeding with any item of work which he considers to be extra work: (a) All change orders require written quotations and must be approved in writing by the Contractor and the City Engineer or his representative prior to the work being done. (rev. Nov /94) J PAGE 26 OF 28 (b) All change orders in involving an expendit -are of $10,000.00 or more must be approved by the City Council. (c) The City Manager, or duly authorized Assistant City Manager, has authority to approve change orders between $5,000.00 and $10,000.00. The City Manager may authorize change orders in excess of this amount only in emergency situations where undue delays could cause damages, either physical or monetary, to the City, Contractor, or general public. However, final approval must be granted by the City Council. (d) The City Engineer has authority to issue change orders up to $5,400.00. (e) The total amount of all change orders to a contract shall not exceed 25t of the original contract price. Contractors are advised that the City is under no obligation to appropriate change order(s) which have not been prepared and executed as stated herein. The addition of items of work covered by unit prices may be performed without written change orders unless the quantity and cost of such work, in the Engineer's opinion, require such written change orders, in which event the Contractor will be so notified. B -8 -5 Partial Estimates: After the twenty -fifth (25th) day of the month and at the Contractor's request, the Engineer will make an approximate estimate of the value of the work done during the month under the specifications, which approximate estimate may include the full net invoice value of acceptable non- perishable materials delivered to the work (i.e. materials on hand) The Contractor shall furnish to the Engineer such detailed in formation as he may request to aid him as a guide in the preparation of partial estimates. It is understood that the partial estimates from month to month will be approximate only and all partial estimates and payments will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not in any respect be taken as an admission of the City of the amount of work done or of its duality or sufficiency nor as an acceptance of the work or the release of the Contractor of any of his responsibility under the contract. In determining the partial payment to be made to the Contractor, the City will retain five percent (5%) of the total approximate estimate, unless otherwise stated, and will deduct payments previously made. No partial payment will be made when the said estimate or the estimates of work done since the last previous estimate is less than One Hundred Dollars ($100.00) in amount. All retainage is due and payable to the Contractor upon successful completion of the project and will be included in the final payment. Payment shall be withheld as elsewhere herein specified. , The City reserves the right to increase the retainage. In contracts in which the total amount bid is Four hundred Thousand Dollars ($400,000) or more and providing for retainage of greater than five percent (SW) of the total estimate, the amount retained shall be deposited in an interest bearing account and the interest earned shall be paid to the contractor upon completion of the contract -- with the final payment, unless withheld as otherwise specified. B -8 -7_ Withholding Payment. Payment of estimates may be withheld if the work is not being executed in accordance with the specifications and contract and /or to cover known claims as elsewhere specified. B-8-8 Final Cleanup: Upon completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the size of the work surplus and discarded materials, temporary structures, and debris of every kind. He shall. L (rev. Nov /94) PAGE 27 OF 28 r=- B -8 -9 Final Acceptance: y Whenever the improvement provided for by contract shall have been completely performed on the part of the Contractor, the Contractor shall notify the Engineer that the improvement is ready for €inal inspection. The Engineer will then make such final inspection; and if the work is satisfactory and in accordance with the specifications and contract, he will certify such completion for Final Acceptance. B -8--10 Final Payment: Whenever the improvement provided for by contract shall have been completely performed on the part of the Contractor as evidenced by the Engineer in the Certificate of Final inspection and Acceptance, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements and computations can be made. All prior estimates upon which payments have been made are subject to necessary corrections or revisions in the final payment. The amount of this final estimate, less any sums that have been deducted or retained under the provisions of the contract, will be paid the Contractor within thirty (30) days after Final Acceptance provided the Contractor has furnished to the City satisfactory evidence in the form of an affidavit(s) that all sums of money due for any labor, materials, apparatus, fixtures, or machinery furnished for and used in the prosecution of the work have been paid; or that the person or persons to whom the sum may respectively be due have consented to such final payment. The improvement will not be recommended for Final Acceptance until this payment affidavit has been submitted. The acceptance by the Contractor of the last payment as aforesaid shall operate as and shall be a release to the City from all claims or liabilities under the contract for anything done or furnished or relating to the work under the contract or for any act of neglect of said City relating to or connected with the contract. B-8 -11 Maintenance Guarant The Contractor shall maintain and keep in good repair the work herein contracted to be done and performed for a period of one (1) year from the date of acceptance, or for such lesser or greater period as may be specially provided, shall do all necessary backfilling that may arise on account of sunken conditions in ditches, or otherwise, and shall do and perform all necessary work and repair any defective condition growing out of or arising from the improper joining of the same, or on account of any breaking of the same caused by the said Contractor, in laying or building the same, or on account of any defect arising in any of said parts of said work laid or constructed by said Contractor, or on account of improper excavation or backfilling; it being understood that the purpose of this section is to cover all defective conditions. arising by reason of negligence of the Contractor, or by reason of defective materials, work or labor performed by the said Contractor, and in case the said Contractor shall fail to do so, it is agreed that the city may do said work and supply such materials, and charge the same against the said Contractor and sureties on this obligation. This provision shall further, and in addition, be evidence by the provisions of the Performance Bond or such other bond as may be required. (rev. Nov /94) PAGE 28 OF 28 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 13TH day of December, 2011, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and. Barcom Commercial. Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $61,906.6 4 by City and other obligations of City as. set out herein, Contractor will construct and complete certain improvements described as follows: WESLEY SEALE DAM SECURITY FENCING JOB ORDER CONTRACT - PROJECT NO. E11119 (TOTAL AMOUNT: $61,906.54) 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 fen (10) calendar days from date they receive. written work order and will complete same within 45 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 OF CORPUS CHRISTI By: - City Secretary Oscar artinez Assistant City Manager Public Works, Utilities, and Transportation APPROVED AS TO LEG PL FORM: __. By: By: Asst. City Attorney Pete Anaya, P.E. Director of Engineering Services CONTRACTOR _ ATTEST: (If Corporation) Barcom Commercial, Inc. (Seal Below) ! Title: ' (Notes. if Person. signing for . corporation is not President, 5826 Bear Lane attach copy of authorization (Address) to sign) Corpus Christi, TX 78405 - (City) (State)(ZIP) 3611851-1000 * 3611851-1717 (Phone) (Fax) AUTHOR11 , sy c.eugc1L __._-__:�..� r .. .- ......?TARV-- t Page 3 of 3 Rev. Jun -2010 I B4 RC OM COMMERCIAL, Inc. GENERAL, CONTRACTOR Proposal October 3, 2011 Proposal # 15958 TO: City of Corpus Christi — Engineering Department Attn: Gracie Mesa 1201 Leopard St Corpus Christi, TX 78401 E -Mail: PROJECT: Westley Seal Dam Fence We propose to furnish labor and material to perform the following: Price to include: Install appx. 2001f of 8' fence by using Eft gate sections. Move existing rip rap to clear room for fence post and sloped concrete paving. Placement of sloped concrete will be earth formed, Concrete will be 4 inches thick. Place rip rap next to concrete WWF will be used in the concrete. Price to exclude Removal of any material, import of fill material. Note: Please allow 45 to complete the above scope of work TOTAL AMOUNT OF PROPOSAL: $61,906.54 Sixty one thousand nine hundred six and 541100 — Respectfully submitted, BARCOM COMMERCIAL, INC. Justin McComb Project Manager JM This proposal is void if not accepted in writing 30 days after this date; however, when executed by both parties, it shall become the contract for the services described above. 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Ll W i r tip o , LO .s C .4) O ; o °O Q o tp! C3 tj E o IV i tr co cu v n i u07 0 _ N 4 LAVS'� O M a i W sN�s I to 0 6 O O O v C w v to D N N m m r t7 M b c O i LU � I LU 4D C5 N a 7 O .0 O � � I C p Q! C C O O M N � O R x N IN W II � � Q m o n. CL o S. N N C w 54- mt'' N O W w O r LO .s C .4) O °O y O tp! tj O IV i tr co cu v n i u07 4 O M N 1� M f4 i Cl) 4 co 0 6 O O O v C w v to D N N m m r t7 M b c vg L j FL tp cro a al °• d C O € U � ie Q ui o niir O q tt {j o f vg a 0 4 0 N u m EL L j FL d C O € U � o z' z= {j o a 0 4 0 N u m EL PAYMENT BOND STATE OF TEXAS § BOND No. 105710929 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Barcom Commercial, Inc. of the City of Corpus Christi , County of Nueces and State of Texas as principal ( "Principal "), and Travelers Casualty and Suretv Company of America , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of SIXTY -ONE THOUSAND, NINE HUNDRED SIX AND 64/100 U.S. Dollars ($61,906.54 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 13TH day of December, 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: WESLEY SEALE DAM SECURITY FENCING JOB ORDER CONTRACT - PROJECT NO. E11119 (TOTAL AMOUNT: $61,906.664) 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. iF- (Rev. Date May 2011) Payment Bond Wage 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 13th day Of December , 2011. PRINCIPAL Barcom Commercial, Inc. By: fY� AJ Title: ATTEST: Secretary Address: 6826 Bear Lane Corpus Christi, TX 78405 Telephone: 281 - 606 -8400 Fax: 281 - 606 -8436 E -Mail: alm @southernamericanins.com Rev. Date May 2011 Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name. Kevin Keetch Agency: Keetch & Associates Address: 1718 Santa Fe St. (Physical Street Address) Corpus Christi TX 78404 (City) (State) (Zip) Telephone: 361- 883 -3803 E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established) by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No.: _Various Projects 201b Surety Company: Travelers Casualty & Surety Company of America Ladies /Gentlemen: I, Richard W. Sauer Account Executive Officer, hereby certify that the facsimile power of attorney submitted by C. A McClure of Southern American Insurance A enc Inc. for Barcom Commercial Inc., a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: 2010. City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this 12th day of March, 20 Title: Account Executive, Officer Sworn and subscribed to before me on this ` � day of MI,_L� x� S&�p&��,t�. Twk OfTlim- (Revised 2110) Notary Public State of /r S My Commission Expires: r Z2 X,/ .A� POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 215018 Certificate No. 004470483 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint C. A. McClure, Kelly J. Brooks, Kenneth L. Meyer, and Michelle Ulery of the City of , State of Texas , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted'in any actions or, proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of August 2010 Farmington Casualty Company Fidelity and GuarantyInsurance ComIiapy Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 23rd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GhSnUn.� V FIRE 4 �wM CMS � INSU "'+ P 1Y ANO 0enRA?j', � SBxLi ;° . .. State of Connecticut City of Hartford ss. By: Georg Thompson, nior ice President On this the 23rd day of August 2010 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. � W vtl� l.. tj�VM My Commission expires the 30th day of June, 2016. * LAG * Marie C. Tetreault, Notary Public Cs "^ 58440 -8 -t 1 Printed in U.S.A. -- WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairmat, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or tbeir certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Skates Fidelity and G,,nEFanty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WiIEREOF, I have hereunto set my hand and affix8d the seals of said ` Companies this 1 3t day of December 20 11 Kevin E- Hughes, Assistant Sec tary Cr511,�1 �, FIRE 4 �r,1� �Ngy 1NSU,p p 1Y ANO Y OC7) To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attomey -In -Fact number, the above -named individuals and the details of the bond to which the power is attached- Travelersl' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1 500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675 -3000 (267) 675 -3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 788714-9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. PERFORMANCE BOND STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No, 105710929 That Barc_om Commercial, Inc, of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ( "Principal "), and Travelers Casualty and surety Company of America , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal -corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of SIXTY -ONE THOUSAND, NINE HUNDRED SIX AND 541100 U.S. Dollars ($61,906.54 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 13TH of December , 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: WESLEY SEALE DAM SECURITY FENCING JOB ORDER CONTRACT - PROJECT NO. E11119 (TOTAL AMOUNT: $61,906.54) 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 13th day of December , 2011 r— Address. 6826 Sear Lane Corpus Christi, TX 78405 Telephone: 281 -606 -8400 Fax: 281 -606 -8436 E- -Mail: aim @southernamericanins.com (Rev. date May 2011) Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch & Assoociates Address 1718 Santa Fe St. (Physical Street Address) Corpus Christi, TX 78404 (City) (State) (zip) Telephone: 361- 883 -3803 E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 THIS POWER OF ATTORNEY IS POWER OF ATTORNEY TRAVELERS) Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 215018 Certificate No. 0 0 4 4 7 ®4 0 4 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint C. A. McClure, Kelly J. Brooks, Kenneth L. Meyer, and Michelle Ulery of the City of _ Houston State of Texas their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto axed, this 23rd affixed, day of August 2010 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company ,^ aZ ? O�r d r ,� y �. �8 , 2�T � N ,> �a • o � 119 � 13� �C�SJrfWi i Cfl lY � �. .. arNCE o. }zo@ y •3 p'v� . -. O S� . R E .P.YO.$� .R �v �l,r'eL9 i�� as r"f , , 1 g ')� ��ee4t J,: P � ' . ...Na..$a..q .. .. SELL, a4.a'fi? n 'a t a non i = s : �a m I p gc yaH, r Ay CTRTOY F NAONHA. O b s y, Gy ,a a s o n Y '7 —7 State of Connecticut By: City of Hartford ss. /Gergl& Thompson, trte President On this the 23rd day of August 2014 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, ^ Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, t� executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �I G.TE'T In Witness Whereof, I hereunto set my hand and official seal. ilw� `.+ • V My Commission expires the 30th day of June, 2016. Marie C. Tetreault, Notary Public 58440 -6 -11 Printed in U.S.A. ` WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TravelersAi IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675 -3000 (267) 675 -3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 79714-9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is fox information only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. SUPPLIER.NUMBER _ TO BE ASSIGMEV.BY7Crnr- .PURCHASING DWISION City ,of CITY 00 CORPUS CMUSTI ChWiNti DIS LAOS CAF INTEREST C flf °Corpus Christi Ordinance 17:112,.as amendOA requires .aflpersons or Emus seeking to do business W1 the C�iti�yy to provide the foYlowiag information. Every iiestion. ntiist. be answered. If the tltiestion xs not ep it cable, answer with "NA ", See reverse side far Filing Reguirenients; Certificate ins and dens. COMPANY NAME: Barcom Commercial, Inc. P. O..:BOM SM.19T.AI DRESS: _ 6 Bear Lane _ C. : Corpus Christi ZR 75405 - FI1tM•IS: �. Corporation 2. Partnership 3. 5616 0wnet 4. Assaciation 5. Other bi SCLO9M QUEMON.8- fscldxttD'in Space 3$ necessarfiy, pleaS uxe the revetsse slate -o - s gage ¢r:attach:s+eparaf shed. ]. {ate flee names of each employee Hof the Y y of Coggs G'l-Mi having sin "aivaa p .irite t" Cozistifiutirig 3°10 or. in ore ofthe O" Whersllrp in the a e naitied arm." Name n/a lob Titteand City: Department (if known) 2. $ta►#,e :the names of each "official" of the City: of Corpus +Christi having an "ownership interest" egnsti#rtitng 3% ac mode of the ownership .in the shove nA&ed "fum." Narhe nla Tale 3. State ilte. names of each "board member" of the City of Christi having an "awnership fi terese, constituting 3% or more of the ownership in ft- above n �1=1:'D Naine Board, Commission or Committee n/a 4. Sta the. names of .each empltryO.c or officor of.a "caonsultahet for the City 0. Corpus �Chrtsti W.r worked on matter relni�ed to the so'ect off this eonttwt and has an "owciership interest" . oonstitu&g 3Io or more of the Qwnerstiip in ge above reamed "firm" Name Consultant nla r ^. — l"<+,Q�NG RE�UIIIyEMEx� i S If a person who, requests official action on a matter ows that the ;requested action will confer an ecot omio benefiit on any City offrcial or employee that is distutgueshailc from the effect:thai the aeon will have on bers of the public in geeral or a substau�tral se asi` ed.7p=M to the Ci offrci e,: Ioyee:ar .ent.thereof, yoti small disclose ttuat fact Su S ty p body that has .been rees#ed to act rn the =natter, artless the of the City off i ciaor mploybe made in a swriting hied with the City Secretary. [Ethics ilydinanee Section 2 -49d)J F RTIFiECA; N c�y thall, informion provided rse and correct °aofomet, #hat I have. not knowiy �witliheld disclosure of any rnfatior� requested; and that sirppleentai statements ui±iii be pro mptly submitted to the City of Corpus Clsh Texas as .changes occwr. Ce ng.Person; Elaine R. Hoffman Tine: __ Pr _sid,ent �'['ypeorPrint} Signature of Certifying Date. ��a '� P �rsan: ��t 12/07/09 DE17MTIONS a. "Board member." A member of any bowl, commission, or committee appointed by the City Conner] ofthe. City of Corpus Christi,, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to havve an effect on that interest that is. distinguishable from its effect on members of the public in. general or a substantial. segment thereof. c. "Employs" Any person employed by the City of Corpus .Christi, Texas either on -a full or put- time basis, but not as an independent contractor. d. "Firm. ". Any entity operated for economic gain, whether professional, industrial or co. mmercial, and whether established to pwduce or deal with a product or se'rvioe, including but not Jim ted to; entities operated in the form of sole proprietorship, as self - employed person. PiftemhiP, torpor don, joint stock company, joint venhere, receivership or trust, and entities which for purposes of ration are treated as non -profit orgganin#ons. e. "Official." The Mayor, members of the City Council, City Manager, deputy City Manager, Assistant City Managers, Dgxmtr=t and Division Heads,. -and Municipal Court Judges of the City of Ccapus Christi; Texas. f. "Ownership Interest" Leal or equitable interest, whether actue ly or conatmegvely held, is a fun: including when such' interest is held through an agent; trust,, lesfift, -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 frra, such as engineers and architect., hired by the City of Corpus Christi for the purpose ofprofessional consultation and recommendation. V� BARCOCI OP IP: TAED CERTIFICATE 4F LIABILITY INSURANCE =bA p(YYY Yj 111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CEF=7IFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL d:)W' THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED RII_F- -IF2ESENTATIVE OR PRODUCER, AND TILE CERTIFICATE HOLDER. IMPORTANT: if the certificate - holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the .werms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certif Cate holder in lieu of such endorsemengs). PRODUCER 361 -863 -1711 NAME: Swantlllroer & Gordon Ins Agcy-CC A Higgs 87 am company 3fi1- 6440101 E-MAIL .361- 883.1711 FAX N. 361 - 844 -0101 PO Bv� Christi, TX 78403.0870 ADDRESS: Coypu ddki Steve A son INSURER(SI AFFORDING COVERAGE ' Valley Forge Insurance Cc NNC p INSURER A : 20546 iNSUR1 =p Barcom CaRrmereial, line. �' INSURfRB;NaeonalFirein.Co- HaW*,d 2047$ 5826 Beer Lane Commerce and Indus" Ins ca Corpus Christi, TX 78405 INSURER C, 19410 INSURER D: INSURER E: INSiJRER F r nr�c RAGES CERTIFICATE tuuiulBER� ae�ncrnu urruaen. 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, E)(GL—ILJSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5R LTR TYPE OF INSURANCE DL SUOR POLICY HUMBER POLICY EFF MMIDDNYYY POLICY E%P MMIDDIYYYY LIMITS A 69= -HERAL LIABILITY )[ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 4034064756 ' 09112!11 09112/12 % EACH OCCURRENCE $ 1,000,000 PREMISES AMTr mence $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00'0 GENERAL AGGREGATE $ 2,000,00 GE=N'L AGGREGATE LIMITAPPLIESPER: POLICY X PRO LOG PRODUCTS - COMPIOPAGG $ 2,000,00 $ B A}jTOMOBILE )[ X LIABILITY ANY AUTO ALL OWNED SAHULE:) AOS AFDU HIREDAUTOS AUTOS 4034064790 09/12111 09112112 COMBINED SINGLE LIMIT Ea accident 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Oa, DAMAGE $ $ C X UMBRELLA LUiB X EXCESS LIAR OCCUR CLAIMS-MADE BE016410605 09112111 09112112 EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 15,000,000 DED X RETENTION$ 10,ODe1 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (MarldaturyInNM) 1r yes, describe under p SGRIPTIONOFOPERATIONSbelow NIA 034064773 r 09112111 09112112 f 4 X WC STATU- OTH TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYE $ 11000100 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VE341CLES (Attach ACORD 101, Additional Renrarles Schedule, If more space Is required) Project. E11119- Wesley Seale Dam Security Fencing See attached addendum for additional policy provisions. . L;hN1lr+a,P% nvivv-#c L:AN[:tLLAIIUN CICC -co SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Services AUTHORIZED REPRESENTATIVE Contract Administrator r P.O. Box 9277 1/ Cor us Christi TX 78469 -9277 U I V55 -201U ACURD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Barcom Commerdial, Inca CNA PoliCy d 40340647M G- t 4. 101h 40 (Ed. 1.) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. d BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS _ WITH PRODUCTS- COMPLETED OPERATIONS COVERAGE This endorsement mod'ITres insurance provided under the following: COMMERCIAL_ GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) G- 140331 -C rrvaides copyrighw material or lnsurw" services OMm. Inc., with rs permission Page i of 2 (Ed_ 10110) A. Section 0 - Who Is An Insured is amended to include 2. We will not provide the additional insured any as an additional insured: broader coverage or any higher limit of insurance 1. Any person or organization whom you are than the least that is: required by "written contract" to add as an a. Required by the "written conlracr; additional insured on this Coverage Part; and b. Described in B.I. above, or 2. The particular person or organization, 0 any, c. Afforded to you under this policy. scheduled above. B. The insurance provided to the additional insured is 3. This insurance is excess of all other insurance limited as kkm: available to the additional insured whether on a primary, excess. contingent or any other basis. 1. The person or organization is. an additional But if required by the "written contract,' this insured only wilh respect to liability for "bodily insurance will be primary and non- contributhry Injury," "property damage," or "personal and relative to insurance on which the additional advertising injury" caused in whole or in part by: insured is a Named Insured. a. Your acts or omissions; or 4. The insurance provided to the additional insured b. The acts or omissions of those acting on your does not apply to "bodily injury," "property damage, or personal and advertising injury behalf arising out of ttlt� in the performance of your ongoing operations a' The rendering of, or time failure to render, any specified in the'Vvritten contract"; or c. "Your woric" that is specified in the "written professional architectural, engineering, or surveying services, including: t� a conlracd" but only for "bodily injury" or "property "products- (i) the preparing, approving, or failing to f damage" included In the prepare or approve reaps, shop drawings, iirTs con eted a pl operations hazard, and early it: opinions, reports, surveys. feelld orders, (i) The ''written contract" requires you to change orders or drawings and provide the additional insured such specifications; and coverage; and (2) Supervisory, inspection, architectural or (2) This Coverage Part provides such engineering activities; or coverage. G- 140331 -C rrvaides copyrighw material or lnsurw" services OMm. Inc., with rs permission Page i of 2 (Ed_ 10110) b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV — COMMERCIAL GENERAL LIABLITY 2. CONDITIONS is amended as follows: t. The Dulles In The Event of . Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as predicable: (1) Give us written notice of an 'occurrence" or an offense which may result In a daim or "suit" under this insurance, and of any claim or'suit" that does resut (2) Except as provided in Paragraph 8.3 of this endorsement, agree to make available any other insurance the additional insured has for . a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or 'suit"; and (4) Tender the defense and indemnity of any claim or %ur to any other Insurer or sect insurer whose policy or program applies to a loss we cover under this Coverage Part. But W the "written contract" requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. G- 140331 -C (Ed. 10110) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the .additional insured written nopce of a claim or "suit" With respect only to the insurance provided by this endorsement, the brat sentence of Paragraph 4.a. of the Other Insurance Condition i5 deleted and replaced with the following: 4. Otherinsurance a. Primary Insurance This tnsuranoe is primary and non- contributory except when rendered excess try endorsement G- 140331 -C. or when Paragraph b. below applies. D. Ordy for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following deflr►itiorr 'Wriiden contrast' means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage "; or b The offense that caused the "personal and advertising irW for which the additional insured seeks coverage under this Coverage Part. Cr140331 -C IrK*xlm copyrighted material of insurance 5oMms Office. Inc.. with Ns pemfssim Page 2 of 2 (Ed. 10110) e >i I• assn rs� sta• Barcom Comawrciail, Inc Of Pollc0 44 m G- 18652 -1 (Ed. 07109) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following; % COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE Coverages are summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Miscellaneous Additional Insureds 13. Liberalization Clause 7 additional insured extensions. 14. Unintentional Failure To Disclose Hazards 2. Employees As Insureds — Health Care Services 3. Joint VentureslPartnershlplLlmited Liability Companies Coverage for your interest in such terminated or ended organizations. 4. Expanded Personal And Advertising Injury 5. Medical Payments Limits uxxeased to $15,000. Reporting increased to three years from the date of accident. 6. Legal Llabillty And Borrowed Equipment Extended perils. Limit increased to $200,000 for Damage to Premises Rented To You T. Non - owned Watercraft Increased to 55 feet, S. Non -owned Alrcraft Coverage 9. Contractual Liability For Personal And Advertising Injury 10. Supplementary Payments Cost of bat bonds increased to $2,500_ Daly loss of eamings increased to $1,000. 11, Liquor Liability Coverage Extension 12. Newly Formed Or Acquired Organizations Coverage extended to the end of the policy period. IS. Notice of Occurrence 16. Broad Knowledge of Occurrence 17. Aggregate Limits Per Project 18. Bodlly Injury — Extension of Coverage 19. Expected Or Intended Injury Reasonable force — bodily injury or property damage. 20. Wrap4Jp Extension 21. Contractual Liability — Railroads Expanded definition of insured contract' Blanket Waiver of Subrogation Waiver of subrogation where required by written contract or written agreement. 23. In Rem Actions G111652 -1 Induces copydgraed material of Insurance services Offim, b--, with its permission_ (Ed. 07109) Page 1 of 8 POLICY NUMBER: 4034064790 COMMERCIAL AUTO CA 04 08 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. V TEXAS ADDITIONAL INSURED This endorsement modffies Insurance provided under the fallowing: SUSINBS AUTO COVERAGE FORM GAWE COVERAGE FORAM MOOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With rasped to coveregs provided by #his endorsement, the provisions of the Coverage Form apply unless moeMW by the endorsement. This endorsement changes the policy effective on Roe Inception date of the pow Union anothef date Is indicated below. Endorsement Ef(ec"'. 09/12/11 Countersigned By: . Named insured: Bercom Commercial, Inc. <:::_ whmdR SCHEDULE Naa» WW Addnae of Addillanal lrwred: Any person or organization for whom or which you are required by written contract or agreement. (if no entry appears above, information required to complete this endorsement will be shown in the Dedaradons as applicable to Me endorsement.) A. Who Is An Insured (Seudton IQ is amstxkd to Include C. You are authorbmd to act for the additional Insured as an 'fissured the person(e) or organduRon(s) rramed In the Schedule or DeciaraUons In all matters shown in the Schedule, but only with rasped to ibelr pertaining to We insuranos. legal flablilly br ads or ounissions d a person far D. We will mall the additional Insured named in the whom Llabfilgr Coverage k allor+ded under #ft Schedule or Decfara#ions notice of any cantaftllon POW. of this poky. If we canal, we will give iD drrye B. The additW Insured named In the Schedule or notice to the addtlonal Insured. Declarallm Is not required to pay for any premiums E. The additional Insured named In the Module or stated In the policy or earned from the policy. Any Dsolaratlons will retain any right of recovery as a return premium and any dividend, if applicable, dalm rd under We policy. declared-by us shall be paid to you. CA 04 03 06 04 Copyright, ISO Properties, Inc., 2D03 Page 1 Cd 1 i POLICY NUMBER: 403406 M COMMERCIIAL AUTO CA 20 t39 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 01tWI1 Countersigned By: Named Insured: Barcom Commomkil, Inc. Authorized R Tative SCHEDULE Now* OF Persons) Or Organization(a):ANY PERSON OR ORGANIZATION FOR WHOM WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To additional premeum shown above, regafdtess of any Us Condition does not apply to the person(s) or early termination of this endorsement or the policy. organization(s) shown in The Schedule. We Wit retain the CA 20 eD 06 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 POLICY NUMBER: 40340647" COMMERCIAL GENERAL LUkeILITY CG 02 051204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES -- AMENDMENT OF CANCELLATION. PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mat prior written notice of cancellation or material change too: SCHEDULE 1. Name: ANX PERSON OR ORGANIZATION OF THIS 2. Address: POLICY UNDER A WRITTEN CONTRACT OR AGREEMENT. 3. 1 Number of din advance nodCe:3 0 Information required to complete this Schedule it not shown above will be shown in the Deciarati ns. t CG 02 0512 04 Copyright, ISO Properties, Inc., 2003 Page 1 of I POLICY NUMBER. 4034064790 j COMMERCIAL AUTO CA 4W 44 00 04 d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modffles insurance provided under 1he foNowlng: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKOS COVERAGE FORM Wllh reaped to coverage Provided by this endorsement, the Provisions of the Coverage Form apply unless mom by 4w endoreement. ThIs endoraoment changes the policy effedive on ihs Inchon date of the policy unieas another dots Is Indimted below: Eridora nwd Ef WIM 09/12111 Caunbw*ned By: Named Inaured Barcom corrxnerciel, Inc. ed R Nuarber d Day.` f+t0VW30 I I+Iarns Ot Person Or OrsrrnlmMlen City neerinp Sakes Conbia AdminIstratar Add� P.O. Box 9277 C us Christi, TX 7"894M N f111s policy Is canceled or materially dwwd to "ce or resold coverage, we WM mail noycs of WrIcaktim or drange to the person or organization named in the Schedule. We WHI pine the number of days' notice Wasted In the Schedcrlo. CA 0144 0804 Copyr% t, ISO Properties, Inc., 2008 pqp 7 cf 1 WORKERS COMPENSATION AND EMPLOYERS LIAWLITY POUCy ENDORSEMENT WC 42 06 01 (00) _ 001 POLICY NUMBER: 4034064773 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This mWoraemant applies only to the Insurance provided by the policy because Texas Is shown in item 3.A, of the m Ink atlon Page. In the want of carwdatfon or ottrer r vowlsi ctnuga of the policy. we will ma6 Advance rlcrtba to the Person or vrpnitation named in the Schedule. The number of days advance notice is shown in the Sc heduhL This andoresmsnt shall not operate directly or Indirectly to bar"I t anyone not named In the Schedui& SCHEDULE t. NUMBER OF DAYS ADVANCE NOTICE- 30 2. NOTICE WILL BE MAILED TO: CITY OF CORPUS CHRISTI ENGII+EERING SERVICES CONTRACT ADMINISTRATOR P_ O. BOX 9277 CORPUS CHRISTI. TX 76469 -9277 . p4wll�qv his errna WORMS W1tt W TION AND Emma LIABN.ITY INGURANCE POLICY 4LSAS WAIVER OF OUR RlQKTT0 RECOVER FROM OTHERS ENDORSEMENT WC 42 t0� as A Md. 1-00) This endorsement applies only to the Insurance provided by the policy because Texas Is shown in item S.A. of the information Pace. We have the d* to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our rk M against the person or organization named In the Schedule, but this wahrer appllies arty with respect 1a bodly Injury arising out of the operations described In the Schedule where you are required by a written contract to obtain ilk wsdver This endorsement shell not operate directly or Indirectly to benefit anyone not named in the Schedule. The premium for this andomement is shown In the Schedule. Schedule 1. ( )SpscNic Waiver Name of person or organizalan (x )BlenkW WMiwr Any person or orcankallon for whom the Named Insured has agreed by written contract to furnlsh this waiver. 2. Operations: TEXAS OPRRATIONS 9. Premium The premium charge for this endorsement shall be 2 percent of the premium developed on payroll In connecdon with work pettamed for the above person(s) or organkatlon(s) arising out of the operations described. 4. Advance Premium This endorsement cherW the policy to which It is attached and is a fectivo on the date Issued unless othonvlse staled. (The kftn tollon below Is regtdred only when this endorsement In locoed subseqtwrit to prepar+dicn of the pofisy.) Endorsement NO" 09112111 Policy No. 4034064773 Endorsement No. f` Insured Barcom Commercial, Inc. Premium $ Insurance Company Countersigned try. if WC 42 03 04 A (Ed. 1-00)