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HomeMy WebLinkAboutC2012-177 - 6/12/2012 - Approved(Revised 6/27/99) CITY HALL EXT. LIGHTING IMPROVEMENT PROJECT No. E12007- 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 \ 1 Timc and Place of Receiving Proposals /Pre Bid Meeting A -2 Definitions and Abbreviations A-3 Description of Project A -4 Method of Award /Explanation of Bid Items A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A 8 Faxed Proposals A 9- Acknowledgment of Addenda A -10 Wage Rates A -11 Cooperation with Public Agencies A -12 Maintenance of Services A 13 Arco Access and Traffic Control A 11 Construction Equipment Spillage and Tracking A 15 Ex avation and Removals A 16 Disposal /Salvage of Materiels• A 17 Field Office (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project Layout-and Control A -20 Testing and Certification A 21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required A--24 Surety Bonds A 25 Sales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A27 Responsibility for Damage-Claims (NOT USED) A 28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A 30 Armed "Ce ^ ration e£ Contract" Acquirements A -31 Amended Policy on Extra Work and Change Orders A- 32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A 35 City Water Facilities Special Requirements -(NOT USED) A -36 Other Submittals A 37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A -39 Certificate of Occupancy and Final Acceptance 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 AL 16 Dispesal of Highly Chlorinated Water (7/5/00) (NOT USED) 00) (NOT USED) A -48 Overhead Electrical Wires A -49 Amended "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress A 51 E1Zetronic Submittal of Bids (NOT USED) A -52 Value Engineering A 53 Duct Control Al 51 Dcuatcring and Dicpoca1 (NOT USED) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS • • PART T TECHNICAL SPECIFICATIONS Division 16 - Electrical. Section 16010 Special Provisions For Electrical Work Section 16111 - Conduit and Fittings Section 16120 - Wire and Cable - 600 Volts and Under Section 16131 - Junction and Pull Boxes Section 16134 — Outlet Boxes Section 16140 - Wiring Boxes Section 16190 - Supporting Devices Section 16450 -- Grounding Section 16501 - Lighting Fixtures PART W - EXHIBITS Type A Light, Fixture 'Type B Light Fixture Type C Light Fixture' Type C Light Fixture LIST OF.DRAWINCS NOSG AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Table of Contents Page 2 of 2 I 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 all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: I. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED 'SINGLE LIMIT AUTOMOBILE LIABILITY -° -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS` LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED . X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -5--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 -- } WORKER' S COMPENSATION INSURANCE REQUIREMENTS NOTICE TO CONTRACTORS — B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page1of11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.114 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) --With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by Iaw; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work an the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of' any coverage agreements for all of its employees providing services on the project, for the duration of the project; (S) 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 aver September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this *110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11. T28S110.110(d)(7) 'REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self- Page 10of11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS CITY HALL EXT. LIGHTING IMPROVEMENT PN: E12007 SECTION A - SPECIAL PROVISIONS Scaled proposals will bc received in Conformity with the official 1201 Lcopard. Street, until 2:00 p.m., Wednesday, N /A. Proposals mailed should City of Corpus Christi City Secretary's Office 1201 Lcopard Strcct ATTN: BID PROPOSAL - N/A A pre bid meeting will bc held on INSERT DAY HERE, INSERT DATE HERE, beginning at INSERT THE HERE. The meeting will convene at thc Engineering Ecrviccs Hain Conference Room, Third Floor, City Hall, 1201 Lcopard Street, Corpus -Christi, TX. and trill include a discussion of thc project clement,.. If requested, a site visit will follow. A -2 Definitions and Abbreviations Section 3 -1 of the General Provisions will govern. A -3 Description of Project THE PROJECT FOR THE CITY HALL EXTERIOR LIGHTING IMPROVEMENT WILL CONSIST OF THE REPLACEMENT OF THE EXISTING EXTERIOR LIGHTING FIXTURES, AROUND THE BUILDING AS WELL AS IN THE PARKING LOTS, WITH NEW ENERGY EFFICIENT LED LIGHTING. ADDITIONAL FIXTURES HILL BE ADDED TO SOME LIGHT POLES AS WELL AS THE ADDITION OF A NEW POLE AND LIGHT FOR THE MESTINA LOT. 4 NEW FLOOD LIGHTS WILL ALSO BE ADDED TO THE BUILDING, TO ILLUMINATE EXISTING UNLIT AREAS. A -4 Method of Award The contract is awarded as a Job Order Contract (J.O.C.) and prices established through the use of RSMeans cost pricing. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: Propooal) JOB ORDER CONTRACT (JOC) 2. Disclosure of Interests Statement 3. Submittal of Materials section • A - SP (Revised 12/15/04) Page 1 of 24 A -6 Time of Comeletion /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, $500 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage. If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A 8 Faxcd Propooale Proposals faxed directly to .thc City will be considered non responsive. Proposals must contain original signatures and guaranty-and be Submitted in A 9 Acknowledgment of Addcnda appropriate space provided in the proposal. Failure to do so will be proposal, failure to acknowledge receipt, and a oubocqucnt interpretation of non receipt, could have an adverse effect when determining the lowest responsible bidder. Section A - SP (Revised 12/15/04} Page 2 of 24 A -10 Wage Rates (Revised 7/5/00) Labor- preference and wage rates for building construction. In case of conflict, Contractor shall use higher wage rate. Minimem, Prevailim 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 executitn 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 mecbanics employed by them in conr]ection with the Project and shoves the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer hi-weekly. (See section for Minority /minority Business Enterprise Participation Policy for additic al requirements concerning the prcpex form and content of the payroll submittals.) One and one -half (1;4) 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 . Suno9ays or holidays. (See. Section B -1 -1, Definition of Terms, and Secticai B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (R?v±sed 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 axxy applicable agency when, work is anticipated to proceed in the vicinity of any facility by using the Texas One -Call System 1- 800- 245 -4545, the Lone Star Notification. Company at 1- 800- 669 - 8344, and the Southwestern Bell Locate Group at 1- 800 - 828 -5127. For the contractor's convenience, the following telephrne numbers are .listed. City Eug-i nc c r Project Manager Traffic Engineering ng Police D partr lent Water Department Wastewater Department as Department . Storm Water Department Parks & Recreation Depaz tment Streets & Solid Waste Services AEP S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) IcC (Fiber Optic) - ChoiceCem (Fiber Optic) CAPR E1 (Fiber Optic) Brooks Fiber Optic (MAw) 361- 826 -3500 361- 826 -3550, 880 -3540 882 -1911 857 -1881 857-1800 885 -6900 826 -1875 - 826 =3461 826 -1970 1- 877 - 373 -4058 (693 -9444 after hours) 881 -2511 (1- 800- 824- 4424,after hours) 826 -3594 (880 -3140 after hours) - (880- 3140 after hours) (885 -6900 after hours) (880 -3140 after hours) 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767- 512- 935 -0958 972- 753 -4355 857 -1960 (857 -5060 after hours) (Pager 800 -724 -3624) (Pager 888- 204 -1679) (Pager 850 -2981) (Mobile) Section A - SP (Revised 12/15/04) Page 3 of 24 A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the . company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if . sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A 13 Area Access and Traffic Control NOT USED and to provide a minimum of inconvenience to motoriotc and the public. minimum advcr c impact on the acceweibility of-the museum and public. Thi may include, but io not 3i—tcd to, working driveways in half widtho, construction of temporary rampo. etc. omply with the City of Ceps Christi' c Uniform Engineering Department. payment will be made to Contractor. :spilled materialo going to or from the construction ar a. IIand labor and /or Section A - SP (Revised 12/15/04) Page 4 of 24 CtrcCtO and curb line ittst be el ancd at thc end of thc work day er more fr-ce cntly., if ncccccary, to prevent material from vaching into the : torm ocwcr oyotcm. No visible material that could be wa hed into otorm ccwcr is allowed to remain on. the project site or adjoining atrecto. A 15 Excavation and Removal° NOT USED oidcwalko and driveway mutt fertiliser. The dirt nuct be free of dcbrio, grace. ZZ alichc, aophalt, concrete and removed unlcoo othcrwioc noted. Excavation"; thcrcforc, no direct payment will bc made to Contractor. A 16 Blare-sal/- Salvage of Materials NOT USED Exec W cx avatcd material, broken aophalt, concrete, broken culvcrt3 and other unwanted material bccomcc the property of the Contractor and muot be removed from the oitc by the Contractor. The coct of all hauling is conoidcred uboidiary; therefore, no dircct payment will bc made to Contractor. A 17 Field Office NOT USED Thc Contractor muot furniah the City Engineer or hi: repreoentativc Toth a r. and h atcd and muot be furniohcd with an inclined table .that mcaourco at loot 30" x GOB' and two (2) chairo. Thc Contractor , chall move thc field office on the cite ae required by thc City Engineer or hio r- ep-reeentative. The field office mart be fxrniched with a telephone (with 21 hour per day ceparatc pay item for the field office. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on car•rat 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 initia3. Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. Section A - SP (Revised 12/15/04) Page 5 of 24 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. If, for whatever reason, it is necessary to deviate from proposed line and thc City or Consultant Project Pngincer prior to deviation. If, in the. epinion of the City or Consultant Project Engineer, thc required deviation thc completion of thc paving process. Also, thc City or Consultant Project pliancc with thc Contract Documents, plans and qty R.P.L.C. shall be approved by the City prior to any work. Any compliance to any regulatory permits. Following is the minimum sehedi ' Streets. • All curb returns at Feint of tangency /point of circumference • Street crowns on a 200' interval and at all intersections. Wastewater. + All intersecting lines in manholes; Water: • Valves vaults rim; Section A - SP (Revised 12/15/04) Page 6 of 24 Ctormwatcr: All rim /invert cicvationc at manholco; All intersecting lincc in manholec 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. following drawings. (Attachment IV) The .signs muot bc inctallcd before construction bcginc and will bc maintained throughout the Project period by the Contractor. The location of the aigno .will be determined in the field by the City Engineer. A -22 Minority /Minority Easiness Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, association or joint venture as awarded a City contract. b. Subcontractor: Any named person, association, or joint venture as firm, partnership, corporation, herein provided which has been firm, partnership, corporation, herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: Section A - SP (Revised 12/15/04) Page 7 of 24 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s) . 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority - partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by 'one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0 of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Section A - SP (Revised 12/15/04) Page 8 of 24 Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of. the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's . capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10s) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not .exceed ten percent (100) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual Section A - SP (Revised 12/15/04) Page 9 of 24 statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A 25 Salta Tax Exemption (NOT USED) Section B 6 22, Tax Exemption rrovision, is deleted in its entirety and the Christi do, not qualify for exemptions of Salec, Excise, and Use Taxes unless Ccctien 3.291 of Chapter 3, Tax Administration of Title 34, Public Finance of the Texas Adminictrativc Codc, or such other rules or rcgulationc ac may be promulgated by the Comptroller of Public Accounts of Tcxac. If thc Contractor cicctc to operate under a. separated contract, he :.hall. 2. Identify in the appropriate cpacc on the "Statement of Material- and Other Chargcc" in the propodal form thc coot of materials physically incorporated into the Project. 3. Provide resale certificates to cupplicrc. 1. rrovidc thc City with copies of material invoiccc to substantiate the propocal value of materials. must pay for all Salts, Excise, and Use Taxes applicable to this Project. Eubcentractorc, arc eligible for calco tax cxemptionc if thc oubcentractor also compilee with thc above rcquircmcntc. . The Contractor must issue a rc alc certificate to the subcontractor and the subcontractor, in turn, i sues a resale certificate to his oupplicr. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: Section A - SP (Revised 12/15/04) Page 10 of 24 1. Name:City of Corpus Christi Engineering Services Department. Attn: Contract Administrator 2. Address: P.O. pox 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days 'after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of, insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and . hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall .apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. in amended to include. Floater coverage mutt be an "All Rick" form. Contractor count pay all section A - SP (Revised 12/15/04) Page 11 of 24 To allow thc City Engineer to determine that thc bidder is able to perform its obligations under the proposed contract, then prior to award, thc City within thc preceding two (2) y a.ro. The bidder shall specify thc namo basis for the lien claim, -and thc date of the release of thc lien. If any Such lion has not bccn rcl -Qcd, the biddcr shall state shy the claim has not been paid; and 2. Whether there arc any outstandin g unpaid claims against biddcr for A biddcr may also be required to supply construction references and a financial statement, prepared no later than ninety (90) day prior to the City Engineer's request, signed and dated by thc bidder's owner, president or A -29 Contractor's Field Administration Staff The Contractor shall employ for this. Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to thin Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, an the jab site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. Section A - SP (Revieed.12 /15/04) Page 12 of 24 A 30 Amended "Contidcration of Contract" Requirement's Contracts" section 33 3 1 Consideration of Contract add the following text. king - -day; following thc public o• -- proposals, thc three (3+ apparent lowcot bidders (based on thc Haws Bid only) 1. 11 list of thc major components of the work; 3. A schedule of values whieh specifies ertimatccs of the coot for each major component of thc work; 5- The namca and addresses of MEE firms that will participate in the Contract, along with a dcscriptien et the work and dollar amount for each firm; and oubatantiation, ether through appropriate certifications by federal agcncieo or signed affi-daviits from thc 418E firms, that uch will be required if the Contractor is an MBE. If thc reSponsco do not the biddcr must clearly dcmonatratc, to the satisfaction of thc City Engineer, that a good faith effort has, in fact, been made to mcct said pooriblc. 6. Ii lint of subcontractors that will be working on thc Projce.. This list may Contractor has not complctcd hia cvaluati -r- of which oubcentractor will perform the war- The City Engineer retains thc right to appove- all subcontractors that In thc -cvcnt that a subcontractor previously liotcd and approved is Contract, then thc City Engineer retains the right to approve any subcontractor will re ult in an incroacc In the Contract price. Failure which to annul the Contract pur:,uant to Scction B 7 13.; major components of thc work. The final progress schedule muot be Section A - SP (Revised 12/15/04) Page 13 of 24 10. Within five () day following bid opening, submit in letter form, information identifying typo of entity and Estate, i.c., Tcxaa (or other A -31 Amended Policy on E:ctra Work and Change Orders Under " General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor. acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his. designee. The Contractor. also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Rteu cements Under "General Provisions and Requ rements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: • The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize' himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor ic reminded to A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during, the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A. visitor /Contractor Orientation Prior to por€erming work at any City water facility, the Contractor, hie subcontractors, and ach of their employees- must have on their person a valid card certifying their prior attendance Seotion A - SP (Reviged 12/15/04) Page 14 of 24 1 City Water Department Per onnel. A Vicitor /Contractor Safety Orientation rragram will be offered by authorized City Water Department peroonncl for thooc peroono who do not have ouch a card, and who dcoirc to perform any wor] within any City water facility. For additional information refer to Attachment 1. The Contractor nhall not ntart, operate, or atop any pump, motor, valve, equipment, nwitch, breaker, control, or any ether item related to City water facility at any timc. 7111 such itcmo must bo the City Water Department. C. Protection of Water Quality Department to pteteet t13e . fali-ty of the water. D. Conformity with ANCI /NCF Ctandard 61 transportation, reinstallation, and incpcction of pumpo, or any other rtems,'hich could.come into, contact with potable water, muot Sanitation Foundation (ANCI /NSF) Standard 61 ao described in tho Such matcriala include all aolvcnta, ciconcrn, lubricanta,.gankcta, thread compounds, coatings; or hydraulic equipment. Theao itcmo unless such itcmo arc in.npoctcd on the site by authorized City pernonncl immediately prior to une. proof of ANSI /NCr standard 61 approval for all matcrialc which could eomc into contact with potable water. All trash gcncratcd by the Contractor or his employees, agento, or facility site. Blowing trash will not be allowed. shall keep work arcas clean at all timed and remove all trash daily. The Contractor F. Contractor's personnel must w ar colored uniform overallo other than orange, blue, or white. Each employee uniform must provide H. Working hours will be 7:00 A.M. to 5 :00 r.M., Monday thru Friday. Section A - SP (Revised 12 /15 /04) Page 15 of 24 1. Contractor must not use any City facility restroomc. Contractor vc4c-los arc allowcd at O. fir. .Stevens. Watcr Tr o.tmcnt Plant. All contactor cmploycca mu-t not lcavc thc designated construction or as directed by City Water Department personnel during emergency evacuation. Contractor Qualifications CRDA (SUPEItVICORY CONTROL AND DATA ACQUICITION) Any work to the computcr'bascd -monitoring and control cyst= must work includes, but is not limitcd to, modificationc, additions, programming, customizing, debugging, calibrating, or placing in operation all hardwarc and /or coftwarc specified or required by thcac cpccifications. work mutt bc able to dcmonctrate the following: 2. municipal watcr and wastewater industry. ZZ and complexity ac required in this Contract on at loaot three prior - rojectc. 3. Hc has been actively engaged- in thc type of work opccificd perform thc work rcquircd by this specifications_ 5. Hc cmploys personnel on this Project who have cuccecsfully completed a manufacturer's training course in configuring coftwarc propoccd for thc Contract. 5. Hc maintains a permanent, fully staffed and equipped maintain, repair, opccificd hcrcin. IIe shall furnish equipment which is the product of -ono alibratc, and program thc ystcmn manufact rcr to thc maximum practical extent. Whcrc this in not practi 1, all equipment of a given typc will bc the product of one - mannufacturcr. Plant will be u cd in evaluating which Contractor or subcontractor programs thc new work for this Projcct. 9. The Contractor shall product all filled out programming blocks rcquircd to show thc programming a., needed and CCRDA cystcm. Attached is an example of thc rcquircd Section A - SP (Revised 12 /15/04) Page 16 of 24 the programming phase. The attached sheet is an example-A 4 Contractor will provide all programming blocks used. L. Trenching Requirements All trenching for this project at thc O. N. Stevens Water Treatment shall be allowed on thc project. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow outlined below when processing Shop Drawing submittals: the procedure a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. shall also -submit one (1) reproducible transparency for all shop drings . c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. .Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City. Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, .options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 1 Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct Section A - SP (Revised 12/15/04) Page 17 of 24 subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions_ 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. Under "Cenral Provicionc and Rcquircmcnta for Municipal Construction Gamete"! 7A-, Conacrvration and Drought Contingency Plan as amended (the "Plan "). Thio condition^. The City Engineer will provide a copy of the Plan. to Contractor at thc prc conotruction meeting. The Contractor will kccp a copy of the Plan on the rrojcct oitc throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A -39 Certificate of'Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision 8 -8- 9. A -40 Amendment to Section 3-8 -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. Z. 11 Ozone Adviooy NOT USED an ozone advioory hao been icoucd, except for repairs. The City Enginccr will thc day will not be counted as a work day and -the Contractor will be compcnoatcd at the unit price indicated in the propooal_ Section A - SP (Revs ed 12/15/04) Page 18 of 24 A -42 OSHA Rules & Regulations It is the responsibility of the Contractors) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the.city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order• (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. - A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (].) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. Section a - SP (Revised 12 /15/04) Page 19 of 24 A-46 Diopoaal of Highly Chlorinatcd-water (7 5 /00) NOT USED testing, dioinfcction and lint fluching in an approvcd manner. Contaminants in thc water, particularly- high 1cvcic of chlorine, will be used for wetlands or environmentally sensitive ar as. Those arc regulated .by numcrou.,, the City for approval. There all be no scparatc pay for dicpocal of highly chlorinatcd water. Contractor shall not use -thc City's sanitary pcwcr system A 47 Pre Construction Exploratory Excavations 47/5/00) NOT USED Tier to any construction whatcvcr on the project, Contractor shall cxcavato vertical and horizontal location of cach.crossing and potentially conflicting pipeline. For existing pipclinco which parallel and arc within ten fcct (10') of proposed pipelines of thc project, Contractor shall excavate and expose paid exiting pipclinco at a maximum of 300 feet O.C. and Contractor shall survey 300 fcct maximum O.C. Contractor shall thcn prepare a report and submit it to thc City tor approval indicating the Owner of pipclinco excavated and surveyed, ap well as the approximate otation thereof, distance to thc pavement centerline and cicvationo of thc top of existing pipclinco. Contractor shall perform no construction work on the project until all exploratory excavations have been made in thcir entirety, the results thereof report. Exploratory excavations shall be paid for on a lump cum basis. Any pavement thc established until price of pavement patching. Contractor shall provido all — own survcy work effort (no separate pay) for exploratory excavations_ A -48 Overhead Electrical -wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP &L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. Section A - SP (Revised 12/15/04) Page 20•of 24 A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add.the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the. City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B--7 Prosecution and Progress, add the following: "Funds are appropriated by the. City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If. the Contractor is terminated or suspended and the City requests retnobilization at a later date, the Contractor may request payment for demobilization / remobilization costs. Such costs shall be addressed through a change order to the contract." A,51 Electronic- Submittal of Bido The following paragraph Modifies Paragraph B 2 7 Preparation of Proposal, of the Ccncral. Provisions. Thc bidder has the option of submitting a computer generated print out, in lieu of, the Proposal (EHEI TC: 1 TIIRU 13 OF 13 )-, INCLUCIVB. Thc print out will list all bid items (including any additive or deductive alternates) e submit a print out, the print out shall be accompanied by properly - completed Attachment 1. - addition, the print out will contain the following statement and signature, after the last bid itcm: (Contractor) herewith, certifies that the unit prices shown on this print out -for bid items (including any additive or deductive alternates) contained in this proposal arc the unit prices and no ether ,Information from this print out. read. ao Ito Total Bid and further agreee that the official Total Biel amount this print out by the respceti e estimated quantities shown in the proposal (signature) (Title) (Date)" SectiOa A - SP (Revised 12/15/04) Page 21 ae 24 A -52 Value Engineering The Contractor's attention is directed to paragraph B -4 -5 Value Engineering Incentive Procedures, of the General Provisions, which states: "After award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECV'S) identify potential reductions in the contract cost by ' effective changes to the contract plans and specifications." Therefore, the Contractor shall fully examine the plans, specifications and contract documents, as well as the project .location, construction phase schedule in Appendix C, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major items involved in the scope of the project to judge for itself the circumstances and difficulties affecting the work to be performed and obtain all information required to make an intelligent proposal. The Contractor's attention is further directed to paragraph B-2-3 Examination of Plans, Specifications and Site of the Work, of the General Provisions. In other words, the Contractor shall complete it's proposal to the best of it's ability, as currently provided. A 53 Duct Control. Contractor shall take reasonable mea..ures to prevent unnecessary dust. Earth a chemical dust cupprcccant- When practicable, dusty materials in piles or This item shall bc con:,idcrcd subsidiary to thc appropriate bid itcmn whcrc end- soli Include all costa to provide a dry foundation for thc proposed long as care lc taken to minimise solids and mud cntcring thc pump auction flow is to pump storm water to an ar a whcrc ponding occurs naturally . without leaving the designated work arca or by manmade bcrms prior to entering the Ctorm water or groundwatcr Shall net bc dischargcd to private property primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than thc receiving stream Woo Creek). cost, prior to commencing discharge and shall be rctcatcd by the City, at the with-the City, ea-all testing - of construction i❑ started. 'Feet will also bc performed az each new area. Another option for dinpoia.1 of groundwater by thc contractor would include pumping to the nearest ❑anitary sewer system. If discharging to temporary holding tanks and trucking to a - iitary ;ewer system or wastewater plant, by arse basis. Contractor shall contact Tilo Cchmidt, Wastewater Prc tr atment Coordinator 1, Section A - SP (Revised L2/15/041 Page 22 of 24 City will pay for any water qua-1 ty testing or water analysis cost rcquircd. The permit will require -an estimate of groundwater flow. Groundwater flow can be cctimatcd by boring a hole or excavating a short trench thcn rccord level again, pump hole or trench dry to a holding tank or vacuum truck thcn rccord how long it takcc to fill to original level and overnight level. Section A - SP (Revised 12/15/04) Page 23 of 24 SUBMITTAL 'TRANSMITTAL FORM PROJECT: OWNER: CITY OF CORPUS CHRISTI ENGINEER: CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 24 of 24 AGREEMENT - THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 12TH day of JUNE , 2012, 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 Alpha Building Corporation termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $63,697.84 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CITY HALL EXTERIOR LIGHTING IMPROVEMENTS JOB ORDER CONTRACT PROJECT NO. E12007 (TOTAL AMOUNT AWARDED: $63,697.84) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus .Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 55 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 ATTEST City Secretary APPROVED AS TO LEGAL FORM: z By: Asst. City A torney ATT S...�.�...•oration) (Sea Below i c and Booher Executive Vice President (Note: if Person signing for corporation is not President, attach copy of authorization tos i r CITY OF CORPUS CHRISTI By: ()Mir-- 777-77 Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By: Daniel Biles, P.E. Director of Engineering Services CONTRACTOR Al • ha Buildin • or s oration By: /e446, 1W44-c-/L- Title: 5541 Bear Lane #201 (Address) Corpus Christi, TX 78405 (City) (State) (ZIP) 3671299 =6292 * 3611299 -6374 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 PERFORMANCE BOND PERFORMANCE BOND STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. 2158623 That Alpha Building Corporation of the City of San Antonio , County of Bexar , and State of Texas , as principal ( "Principal "), and North American Specialty Insurance Company , 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 -THREE THOUSAND, SIX HUNDRED NINETY -SEVEN AND 84 U.S. Dollars ($ 63,697.84 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 12TH of JUNE , 2012, 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: CITY HALL EXTERIOR LIGHTING IMPROVEMENTS JOB ORDER CONTRACT PROJECT NO. E12007 (TOTAL AMOUNT AWARDED: $63,697.84) 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 27th day of June 2012. PRINCIPAL SURETY Alpha Building Corporation North A By: !,;,;;,,r,, n S • ecialt Title: Kathie coCkr President Secretary Richard Booher Address: 24850 Blanco Road San Antonio, TX 78260 (Rev. Date May 2011) rney- in -fac La rence L. Rhodes Address: 5847 San Felipe St. Suite 1712 Houston, Texas 77057 Telephone: 713 -821 -1496 Fax: 713- 821 -1401 E -Mail: lawrence .rhodes@hubinternational.com Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch & Associates Address: 1718 Santa Fe Street (Physical Street Address) Corpus Christi, Texas 78404 -1857 (City) (State) (Zip) Telephone: 361-883-3803 E -Mail: kwoods@keetchiins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 PANT BOND PAYMENT BOND STATE OF TEXAS § BOND No. 2158623 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Alpha Building Corporation of the City of San Antonio , County of Bexar, and State of Texas as principal ( "Principal "), and North American Specialty insurance Company , 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 -THREE THOUSAND, SIX HUNDRED NINETY -SEVEN AND 84/100 U.S. Dollars ($ 63,697.84 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 12TH day of JUNE , 2012 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: CITY HALL EXTERIOR LIGHTING IMPROVEMENTS JOB ORDER CONTRACT PROJECT NO. E12007 (TOTAL AMOUNT AWARDED: $63,697.84) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) 3 Payment Bond Page 1 of Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 27th day of June , 2012. PRINCIPAL Alpha Building Corporation By: Title: Kathleen Acock, President SURETY Nort 1Trican Special �j- ranee Company ney- in- fact rence L. Rhodes Secreta Richard Booher Address: 24850 Blanco Road San Antonio, TX 78260 (Rev. Date May 2011) 3 Address: 5847 San Felipe St. Suite 1712 Houston, Texas 77057 Telephone: 713 -821 -1496 Fax: 713-821-1401 fr E- Mail: lawrence .rhodes @hubinternationaLcom Payment Bond Page 2 of 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 Street (Physical Street Address) Corpus Christi, Texas 78404 -1857 (City) (State) (Zip) Telephone: 361- 883 -3803 E -Mail: kwoods(a7keetchins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 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 Surety Company: North American Specialty Insurance Co. Ladies /Gentlemen: I, Scott A. Hook, hereby certify that the facsimile power of attorney submitted by Lawrence L. Rhodes for Alpha Building Corporation, 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 cancelation of this power of attorney, the City of Corpus Christi shall be notified in writing be certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this 10 it) day of _.24?((/k7 f , 2012. Name: C Title: A 4- Ifs ce f- ; ' ;.;4t- Sworn and subscribed to before me on this /U` day of heta.Ry , 2012. rf. JESSICA LYNN GARCIA �'�1� Notary Public, State of Texas My Commission Expires Aptli 12, 2614 o =Public , /!% :ALL _Ali' of r(ccg� Commission Expires: NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: LAWRENCE L. RHODES, BRADLEY D. JOHNSON, CATHY RAMIREZ, STEVEN E. WHITE and SCOTT McCLUER MILLER JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact, to make, execute, seat and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION (550,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specially insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretaly or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which k is attached." N� `` SEAL E m _ Steven 1'. Anderson, President S Chief Executive Officer of Washinglun International insurance Company w 1973 : & Senior Vice President of North American Specialty Insurance Company ) J!rc'i' 3 By David 51. Layman, Senior Vice President Washington International Insurance Company & Vice President of North Amerinao Specialty Insurance Company IN WITNESS WHEREOF, North .American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 26th day of March , 20 12 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this26th day of March , 20 12 , before me, a Notary Public personally appeared Steven P. Anderson President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL. SEAL'"""_ f r I DONNA D. SKLENS t , to .d' , r, )1 J,, ' Notary Public, State of Illinois I , ■y 1. ! t �1 My Commission Expires 10/06/20$5 Donna D. Sklens, Notary Public 1, James A. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington international Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 27th day of JUNE , 20 12 . James A. Carpenter. Vice President & Assistant Secretary or Washington Iniernalienai insurance CmnpanJ S North American Specialty Insurance Company North American Specialty Insurance Company Washington International Insurance Company IMPORTANT NOTICE TEXAS CLAIMS INFORMATION ADVISO I M PORTANTE Para obtener informacion o para someter un queja: Puede comunicarse con Jeffrey Goldberg, Vice President - Claims, al 1 -800- 338 -0753 In order to obtain information or make a complaint: You may contact Jeffrey Goldberg, Vice President - Claims at 1- 800- 338 -0753 You may call Washington International Insurance Company and /or North American Specialty Insurance Company's toll -free number for information or to make a complaint at: 1- 800 - 338 -0753 You may also write to Washington International insurance Company and /or North American Specialty Insurance Company at the following address: 475 N. Martingale Road Suite 850 Schaumburg, IL 60173 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 - 252 -3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: htto: / /www.tdi.state.tx.us Email: Con sumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the Washington International Insurance Company and /or North American Specialty Insurance Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Listed puede llamr al numero de telefono gratis de Washington International Insurance Company and /or North American Specialty Insurance Company's para informacion o para someter una queja al: 1 -800 -338 -0753 Listed tambien puede escribir a Washington International Insurance Company and /or North American Specialty Insurance Company al: 475 N. Martingale Road Suite 850 Schaumburg, IL 60173 Puede escribir al Departmento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1- 800 -252 -3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us Email: ConsumerProtection @tdi,state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reciam °, debe comunicarse con el Washington International Insurance Company and /or North American Specialty Insurance Company primer°. Si no se resuelve la disputa, puede entonces - comunicarse con el Departmento de Seguros de Texas. UNA ESTE AVISO A St) POLIZA Este aviso es solo para proposito de infromacion y no se converse en parte o condicion del documento adjunto. Revised 5/12 475 N, Martingale Road, Suite 850, Schaumburg, IL 60173 PROPOSAL /DISCLOSURE STATEMENT . LPN A BUILDING CORPORATION First Choice For Facilities Renovation & Construction Mrs. Gracie Mesa City of C.C. Engineering 1317 Mestina Corpus Christi, TX 78401 December 27, 2011 We are please to present our proposal for City Hall's Exterior Lighting Improvements as outlined below. Scope of Work Provide labor and equipment to: 1. Demo and remove existing lamps, i,e. light pole, canopy, and flood light fixtures. 2. Install (38) new LED light pole fixtures. 3. Add (2) new LED light pole fixtures in parking lot near Lipan and Staples Street. 4. Remove and replace with new, (3) LED light fixtures in canopy at east side entrance. 5. Install (10) new LED flood lights. 6. Install (25) new light pole brackets for LED fixtures. 7. Install and or replace existing timers and reset, 8. Quantity total for new LED light fixtures to be installed is (53). Total Project Cost: $63,697.84 Exclusions: Anything not listed above. Schedule: Mobilization within (10) days of NTP/Contract, and or issue of permit. (55) working day to complete exterior lighting improvements, for a total of (65) calendar days to complete project. Days based on fixture lead time. Cruz E. Aguilar Project Manager Alpha Building Corporation Corpus Christi Area Office 5541 Bear Lane, Suite 201 Corpus Christi, Texas 78405 P 361- 299 -6292 F 361 - 299 -6374 www,alphabuilding.com CREATING ENVIRONMENTS WHERE GREAT THINGS CAN HAPPEN v RUC! c<oro0 a •L ? +1 N 0 co to 0. . 22 Q 4) .Ei U EE 01 0 7 o rd. 0 0 _! • a, a. LL d w U kVA u°. 5 E E 0 0 c .y 00 00 ui 0 0 0 to 0 C W CO N 1n O 0 a) d yj th 0 CU E D U N. E_ O U 0 0 CO 0 0 CO w /1.1 t1.1 [O' r N 0 .D rc 0 0 0 0 x 0 U L11 0 0 0 0 0 5 4, 0 0 E p o N o M M co. 4, 0 5 a J 0 h c 0 U. O co Q O 0 0 4, ro 0. W co m 0) (4 m 1- 11) LO 0 0 0 0 0 V 0 0 m 4 -a N c Co 5 ce i0 r3 10 >n 0 0 0 '0 0 n 1') 0) 0) b4 0 01 n PricedINon•Priced a 0) a E 0 V a) C 0 0 V) F- N E 0. w C O .0 J .d 1 0 0)0 01/000001040 .0(010 o { 104ryd3 tV[Vr(0 644 €4 Q 1 co • 1- (4 m 0 CD 0 r t.r m • 0 0) 0) c • I i 0 ets N 0 a▪ ) 0) to 0 Printed 27 DEC 2011 12 :07PM O E w O O C7 O 0 u� 0 O 0 EL 0. 4O Er 1.11 0 1p O 64 0 (4) O 03 0 0 0 ca .0 Permits, rule of thumb, most cities, minimum 01 -54- 33-40- 0170 -3 N O 0 V. 01 -54 -36-50 -1150 to 01 - General Requirements Total W to N U tai ▪ J rh 0 0 O ' 0) 0 49- 0 0 0 w 0 ti M 0 0 0 In CV N ea E ' 4) U .0 a) N C 7 t4 O A) Q 5a) N en ai a 0 C l0 ui 0 .0 0 0 n 0 it 0 .0 0 0 N CL. a 4 0 v 0 cri w CL 0 O 10 tR O 0, 00 4 26- 56- 13.10 -5400 0 0w a m N 26- 56 -13 -10 -5800 cD 26- 56 -19 -20 -9130 -- 1 ti 0 0 E C) 0) O W Q 0 8 0. ,O 0 0 a 0 o 0. E . O • N N T. 3t ▪ CO O ▪ E 'o 3 u- Y� m o n' d 'O N OD o N 0 o N— U. O. CO c 26-56-36-20-2290 26 - Electrical Total c0- D . 0 CC e. 0 t7 M1 O M 0) 0 co iR 0 0 0 O 0 W .8 c 0 a E r0+ T N 0 E N • • 8 E 0 N 0 m00 3, 0) m C 0 O m ▪ N 4. D E TT. 0 cam y� U OF E U.E � 0 Z 9 27 -53 -13.50 -0100 0 0 Id) c7 H! 27 - Communications Total Estimate Grand Total Printed 27 DEC 2011 12 :07PM IMP:r City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST. City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Alpha Building Corporation P. O. BOX: STREET ADDRESS: 24850 Blanco Road CITY: San Antonio, TX x:78260 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N7A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section. 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Kathleen Acock Title: President (Type or Print) Person re of Certifying /K" 6264_,e4Date: September 15, 2009 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee_" Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g "Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Acc:PR ® CERTIFICATE OF LIABILITY INSURANCE SATE jMMIDoIYYYY) 6/28/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION I5 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s . PRODUCER HUB International Rigg 10777 Westheimer Suite 300 Houston TX 77042 -3454 INSURED Alpha Building Corporation 24850 Blanco Rd. San Antonio TX 78260 -6656 • A T NAME: INC. No. Exf- 713- 978 -6668 (A//CC, No):71 3 -978 -6799 E-MAIL SS: houston .servicefoahubintemational.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :TRAVELERS IND CO OF CT ,25682 20017 INSURER B :CHARTER OAK FIRE INS CO 2.5615 41762 INSURER c :TRAVELERS LLOYDS INS CO INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 611236736 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR C TYPE OF INSU NCE ADDL INSR Y SUBR 4WD Y POLICY NUMBER C00324L1518 BA9994B612 POLICY EFF �MM1DD!YYYY) 3/6/2012 3/6/2012 POLICY EXP (MMlDD$YYYY3 31612073. t�{ 3/6/2013 / LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY '$1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 $ 7 POLICY X JECT F Loc OMBINED SINGLE L1Mn (Ea accident) S AUTOMOBILE LIABILITY I $1,000,000 X X ANY AUTO BODILY INJURY (Per person) $ AAUTOOS NED HI RED AUTOS SCHEDULED NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA uAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP5461 B367 3/612012 3/6/20. 13 • EACH OCCURRENCE % $5,000,000 AGGREGATE �! $5,000,000 DED X RETENT ON $10,00 $ fff $1,000,000 B WORKERS COMPENSATION 7 AND EMPLOYERS' LIABILITY Y 1 N Y UB9834C372 3/6/2012 3/6/2013 X WC STATU- TORY LIMITS OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE r OFFICER/MEMBER EXCLUDED? I N f A E.L. EACH ACCIDENT (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE $1,000,000 E-L. DISEASE - POLICY LIMIT $1 000 000 C Builders Risk Equipment Floater QT6604543L912 3/6/2012 3/6/2013 Any One Project $3,000,000 Leased 8, Rented $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 107, Additional Remarks Schedule, if more space is required) y The general liability, auto liability, umbrella, and workers' compensation policies includes a blanket automatic or policy terms that provide additional insured status and a blanket automatic waiver of subrogation endorsement subrogation to the certificate holder only when there is a written contract between the named insured and such status subject to policy terms and conditions. The additional insured endorsement does not apply general liability and auto policies includes a blanket notice of cancellation to certificate holder's endorsement, notice if the policy is canceled by the company other than for nonpayment of premium, 10 days' notice nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent . ! il jlo ,�, add lional insure. endorsement that provides a waiver the certificate holder that requires to the Workers' Compensation. providing for 30 days' advance after the policy is canceled for or the company. of The CERTIFICATE HOLDER CANCELLATION City of Corpus Christi P.O. Box 9277 Corpus Christi TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CO0324L158 ISSUE DATE: 3 -06- 201012011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY /BLANKET ADDITIONAL INSURED (CONTRACTORS) This a arsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "wntten contract requrnng insurance" to include as an additional insured on this Cover- age Part, but ay Only with respect to liability for "bodily injury", "property damage" or "personal injury", and by If, and only to the extent that, the injury or damage is caused by ads or omissions of you or your subcontractor in the performance of your work" to which the "written contract requinng insurance" applies The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization 2. The insurance provided to the additional insured by this endorsement is limited as follows a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requrnng insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "wntten contract requiring in- surance" This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance by The insurance provided to the additional in- sured does not apply to "bodily injury ", "prop- erty damage" or "personal injury" arising out of the rendenng of, or failure 10 render, any professional architectural, engrneenng or sur- veying services, including I. The prepanng, approving. or failing to prepare or approve, maps, shop draw- ings. opinions, reports, surveys, field or- ders or change orders, or the prepanng, approving, or failing to prepare or ap- prove, drawings and specifications, and 9. Supervisory, inspection, architectural or engrneenng activities CG 11Z 46 08 05 008052 c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your wore and included in the "products - completed op- erations hazard" unress the "wntten contract requrnng insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily Injury" or "property damage* that oc- curs before the end of the penod of time for which the "wntten contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier 3. The insurance provided lo the additional insured by this endorsement is excess over any valid and collectible "other insurance`, whether primary, excess, contingent or on any other basis, that is available to the additional inaured for a Is we cover under this endorsement However, if the "wntten contract requiring insurance" specifically requires that this insurance apply on a pnmary basis or a primary and non- contnbutory basis, this insurance is pnmary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance" But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether pnmary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance" 4. As a condition of coverage provided 10 the additional insured by this endorsement a) The additional insured must gyve us wntten notice as soon as practicable of an "occur- rence" or an offense which may result in a claim To the extent possible, such notice should include -612005 The St Paul Travelers Companies, Inc Page 1 of 2 POLICY NUMBER: C00324L158 COMMERCIAL GENERAL LIABILITY How, when and where the "occurrence" Of offense took place, n The names and addresses of any injured persons and witnesses, and in. The nature and location of any injury or damage ansing out of the "occurrence" or offense b) If a claim is made or "suit' is brought against the additional insured, the additional insured must Immediately record the specifics of the claim or "suit" and the date received, and if. Notify us as soon as practicable The additional insured must see to it that we receive wntten notice of the claim or "suit" as soon as practicable c) The additional insured must immediately send us copies or all legal papers received in connection with the Cairn or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit , and otherwise comply with all policy conditions d) The additional insured must tender the de- fense and indemnity of any claim or "Suit" to ISSUE DATE: 3- 06- 201012011 any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement Hoivaver, this condition does nol affect whether the insur- ante provided to the additional insured by this endorsement is primary to "other - insur- ante' available to 1ha additional insured which covers that person or organization as a named insured as described in paragraph 3. above 5 The following definition is added to SECTION V — DEFINITIONS "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the personal injury" is caused by an offense committed a. After the signing and execuhon of the contract or agreement by you, b. While that part of the contract or agreement is on effect, and c. Before the end of the policy penod Bradley D. Johnson Vice President Page..2 of 2 CO 2005 The St Paul Travelers Companies, Inc Co D2 4$ 08 05 COMMERCIAL AUTO POLICY NUMBER BA- 8994B612 v ISSUE DATE 3- 06- 2010/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /DESIGNATED INSURED This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mau- led by thus endorsement This endorsement identdies person(s) or orgarnzation(s) who are "insureds" under the Who Is An Insured Provi- sion Of the Coverage Form This endorsement does not alter coverage provided in the Coverage Fom SCHEDULE Name of Person(s) or Organization(s). ANY PERSON OR ORGANIZATION THAT YOU ARE REOUIRED TO INCLUDE AS AN ADDITIONAL INSURED ON THIS COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT I5 5IGIED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY' DR "PROPERTY DAMAGE" OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD wsrr1111111 • (if no entry appears above, informabon required to complete this endorsement will be shown in the Declarations as applicable to iha endorsement ) Each person or organization shown in the Schedule is an 'insured" for Liability Coverage, but only to the extent that person or orgarezabon qualities as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form Ail Ali Zill ..„...A............ Bradley D. Johnson Vice President CA 2048 02 99 Copyright, Insurance Services Orrice, Inc .1998 Page 1 of 1 om73 Wga7 POLICY NUMBER: DI-CO-03240 56 ISSUE DATE: 3- 06- 2010/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, J EARLIER NOTICE OF CANCELLATION /NONRENEWAL PROVIDED BY US - TEXAS This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESSOYVNERS POLICY COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL. GENERAL LIABILITY COVERAGE PART CONTRACTORS COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME COVERAGE PART DELUXE PROPERTY COVERAGE FORM EMPLOYEE BENEFITS LIABILITY COVERAGE PART EXCESS (FOLLO,MNG FORM) LIABILITY INSURANCE FARM COVERAGE PART UGUOR LIABILITY COVERAGE PART PRODUCTSICOMPLETFD OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART J SCHEDULE • CANCELLATION: . Number of Days Notice: 30 WHEN WE DO NOT RENEW (Nonrenewai): Number of Days Notice: 80 City of Corpus Christi Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469 -9277 PROVISIONS: A. For any statutorily pemnitled reason other then nonpayment of premium, the number of days re- (puked for notice of cancellation, as provided In the CONDmONS Section of this insurance, or as amended by any applicable state cancellation en- dorsement applicable to this Insurance. is in- creased to the number of days shown In the SCHEDULE above. IL Fe 25 09 911 B. For any statutodly permitted reason ether than nonpayment of premium. the number of days re- quired for notice of Vlifren We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this Insurance, or as amended by any applicable slate When We Do Not Renew (Nonce- newel) endorsement applicable le this Warrant*, is Increased to the number of days shown In the SCHEDULE above. J Copyright, The Travelers indemnity company, 1998 Bradley D. Johnson Vice President Pape 1 of 1 POLICY NUMBER BA- 9994851 COMMERCIAL AUTO ISSUE DATE 3 -06- 201012011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ITEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO 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 moth. fled by the endorsement SCHEDULE Number of Days' Notice 30 Name Of Person Or Organization ALPHA BUILDING CORPORATION Address 24850 BLANCO ROAD SAN ANTONIO TX 78258 If this policy is canceled or maternally changed to reduce or restnct coverage. we wdl mad notice of cancellation or change to the person or organization named in the Schedule We vnll pve the number of day's notice indicated In the Schedule CA O2 44 Oli OA © ISO Properties, Inc , 2003 Bradley D. Johnson Vice President Page 1 of 1 POLICY NUMBR TRAVELER WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 4206 01 (00) -. 001 POLICY NUMBER (DTKU13- 5834037 -2 -10 ) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3 A of the information Page in the avant of cancelation or other material change of the policy, we will mail advance notice to the Person or organization named in the Schedule The number at days advance notice le shown in the Schedule Thls endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule SCHEDULE f NUMBER OF DAYS ADVANCE NOTICE 30 (or or) 2. NOTICE WILL BE MAILED TO City of Corpus Christi Dept of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469 -9277 •* Number of clays Notice specified in the Certificate of Insurance to all holders of such certificates DATE OF ISSUE 3-06-2010/2011 ST ASSIC3N Bradley D. Johnson Vice President