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HomeMy WebLinkAboutC2012-246 - 6/19/2012 - Approved2012 -246 6/19/12 M2012 -112 Barcom Commercial Inc. (Revised 6/27/99) Universal Little League Fencing PROJECT No. E12032 Table of Contents NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS -- B Worker's Compensation Coverage for Building or Construction Projects for Government Entities PART A - SPECIAL PROVISIONS A 1 Time and Place of Receiving Proposals/Pre-Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award /Explanation of Bid Items A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A-7 Workers Compensation Insurance Coverage A 8 Faxed Propczalc 11 -9 Acknowledgment of Adde43 A -10 Wage Rates A-11 Cooperation with Public Agencies A -12 Maintenance of Services A-13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials a 17 Field Office (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and Certification A 21 Project Signs (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required A -24 Surety Bonds A 25 Sales Tani Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A 27 Responsibility for Damage Claims (NOT USED) A 28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A 30 Amended "Consideration of Contract" Requirement:. 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 Al -35 City Water Poeilitico Special Requirements (NOT USED) A-36 Other Submittals A 37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A -39 Certificate of Occupancy and Final Acceptance (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings • ETA 17 Pre Construction Exploratory Eye ovations (7/5/00) A -48 Overhead Electrical Wires A -49 Amended "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress A 51 Eleetroni e Submittal of Bids, A -52 Value Engineering A -53 Dust Control A -54 Dewatering and Disposal PART B - GENERAL PROVISIONS 'PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART D FERERALLY REQUIRED LANCUACE PART S - STANDARD SPECIFICATIONS Section 028300 Section 028320 Section 030020 Section 038000 PART T - EXBIBITS Fences Relocation (S --12) Chain Link Fence Portland Cement Concrete Concrete Structures PART W DRAWi2TCG AGREEMENT PROPOSAL. /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Table or Contents Page 2 of 2 NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised September, 2000 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability .including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations 6. Hazard 7. Contractual Insurance 8. Broad Form Property Damage 9. Independent Contractors 10. Personal Injury - $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF TIES EXHIBIT $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -tem environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT 0 REQUIRED © NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements • REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and. Supplemental Insurance Requirements • REQUIRED © NOT REQUIRED Page l of 2 OThe City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. OThe name of the project must be listed under "description of operations" on each certificate of insurance. OFor each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS B WORKER' S COMPENSATION INSURANCE REQUIREMENTS NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER 13 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 MCC-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 an the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and ding of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (13) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; 'Page 4of11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (1) 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 (S) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, lithe coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th. Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self- insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate '9- 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 ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, forrn 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 very 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) notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS Universal Little League Fencing PROJECT NO. E12032 SECTION A - SPECIAL PROVISIONS Scaled proposals will he reeek, in conformity with thc official advertisement inviting bids for the project. Proposals will he received in thc office of the City secretary, located on the first floor of City Hall -, be addrenned in the following manner: City of Corpus Christi City Sccrctary'a Office 1201 I.copard Etrcct Corpus Christi, Texan 70101 ATTN: BID rROPOB2' L N/A 2 p*e b ffieetieg w311 be held en INSERT DAY HERE, INSERT DATE- HERE, Corpus Christi, TX. and will includc a discussion of the project cicmcnto. If rcqucstcd, a site visit will follow. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project THE project for the Universal Little League Fencing consists of installing new 6' chain link fence and posts along the parking lot and driveway to prevent unauthorized vehicles from accessing the bal]. fields. The existing fencing and posts, around the 3 baseball fields will be removed and replaced with new chain link. Also the rusted fencing fabric on the 3 backstops and 6 dugouts, will be removed and replaced with new chain link. Gates will also be installed for access to the fields. 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: 1. 5% Bid Bond (Must reference rre4ec-t Name am identified in--the Brepeoa-1} (A Cashier's Check, certified check, money seder or bank draft from any 2. Disclosure of Interests Statement 3. Submittal of Materials Section A - SP (Revised 12/15/04) Page 1 of 25 A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 60 calendar days. The Contractor :shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer') to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A 8 Faxed Proposals Proposals faxed directly to the City will be • considered non responsive. A 0 Acknowledgment of Addenda appropriate apace provided in the p7ropoal. Failure to do so will be Section A - SP (Revised 12/15/04) Page 2 of 25 non receipt, could have an advcroc effect when determining the lowest rcoponoiblc bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for building construction. In case of conflict, Contractor shall use higher: wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, 'texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all ]abrrers, workmen, and mechanics employed by then in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the rinssification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics Toyed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of mien certified payrolls from all subcontractors and others working on the Project. 'These documents will also be submitted to the City Engineer bi -w kly. .(See section for Minority/Minority.Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and arse -half (1%) times the specified hourly wage rust be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1 -1, Definition. of Terms, and Section 3 -7 -6, Working Hours.) A -21 Cooperation with Public . geacies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas Cne -Call System 1 -800- 245 -4545, the Lone Star Notification Carpany at 1 -800- 669 - 8344, and the Southwestern Bell Locate Croup at 1 -800- 828 -5127. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Manager A/E CCNSDLTPNE' - HIVS EL IlIE:ER.7NG Traffic Engineering Police Department Water Department wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevisian ACSI (Fiber Cptic) EMC (Fiber optic) 361- 826 -3500 361- 826 -3550, 826 -3594 361- 991 -2226 880 -3540 882 -1911 857 -1881 857 -1800 885 -6900 826 -1875 826 -3461 826 -1970 1 -877- 373 -4058 (693 -9444 after hours) 881 -2511 (1- 800 - 824- 4424,after hours) (880 -3140 after hours) (880 -3140 after. hours) (885 -6900 after hours) (880 -3140 after hours) 826 -1946 857 -5000 887 -9200 813 -1124 ,857 -1960 (857 -5060 after hours) (Pager 800 - 724 -3624) (Pager 888 -204 -1679) Section A - SP (Revived 12/15/04) Page 3 of 25 ChoiceCom (Fiber Optic) 881 -5757 (Pager 850 -2981) CAPROCK (Fiber Optic) 512- 935 -0958 (Mobile) Brooks Fiber Optic (M7N} 972 -753 -4355 A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractors . sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained_ Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractors responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. 2 -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or Section A - SP (Revised 12/15/04) Page 4 of 25 mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office NOT USED The Cotat. actor must furnish the City Engineer or his representative with a field office at the construction site. The field office must contain at least 120 square feet of us able apace. The field office must be air eendited and heated -and mutt be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall meve the field The field office must be furnished with a telephone (with 2-1. heq.1 r per day separate 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 CALENDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. Section A - 2P (Revised 12/15/04) Page 5 of 25 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. thc City or Consultant Project Engineer prior to deviation. If, in the opinion of thc City or Consultant Project Engineer, the required deviation Supporting m aaurcmcnts as required for Engineer to revise the drawings. thc City or Consultant r-rojcct The Contractor shall tic in or reference all valves and manholes, beth apccifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Profccoional Land Curvcy (R.r.L.S.) arty R.r.L -s. shall be approved by thc City prior to any work. Zny discrepancies shall be noted by thc Third arty Surveyor and certify compliance to any regulatory permits. Following is thc minimum schedule of documentation required: Ctrccts: • All curb returns at point of tangcncy /point of circumference • Curb and guttcr flow line both sides of street on a 200' interval; Wastewater: • All intersecting lines in manhalca; Section A - SP (Revised 12/15/04) Page 6 of 25 Water: • A11 top of valvco box; • Valves vaults rim; Stormuatcr: • 7111 intersecting lints in manholes; • Caning elevations (top of pipe and flow lint) (TXDOT and RR permits). A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs NOT USED following drawings. (Attachment IV) The signs must be installed beforo construction begins and will be maintained throughout the Project period by - the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons Section A - SP (Revised 12/15/04) Page 7 of. 25 include Blacks, Mexican - Americans and other persons of Hispanic, origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0t 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 Section A - SP (Revised 12/15/04). Page 8 of 25 a. The goals for participation by minorities and Minority, Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance 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 Occupancy, when appli able. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B-3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas_ If performance and payment bonds are in an amount in excess of ten percent (10 °s) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of Section A - SP (Revised 12/15/04) Page 9 of 25 the bond amount that exceeds ten .percent (10t) of the Surety Company's capital and surplus with reinsurer (s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10°s) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption {NOT USED) the Contractor elect❑ to operate under a ❑cparatcd contract as defined by Ccction 3.291 of Chapter 3, Tax Administration of Title 31, Public Finance of icoxporatcd into thc Project. 3. Provide resale certificates to suppliers. 1. Provide thc City with copicn of material invoices to nubotantiatc thc proposal, value of matcrialc. 1l Calcri, Excise, and Ucc Taxes applicable to thin Project. Sibcontractors are eligible for sales tax cxcmptibens if the subcontractor ales complies with the above requircmenta. The Contractor must issue a A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: Section A - SP (Revised 12/15/04) Page 10 of 25 In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail- prior written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims NOT USED is amended to include: coverage for the term of thc Contract up to and including the date thc City finally accepts the Project or work. Builder's Rick or Inotalaation Floater coverage must be an "All Rick" form. Contractor must pay all coots necessary to procure ouch Buildcr'o Riolc or Tnetallation Floater Section A - SP (Revised 12/15/04) Page 11 of 25 A 28 Considerations for Contract inward and Execution To allow thc City Engineer to determine that thc bidder is able to perform itc obligationo under the propo..cd contract, then prior to award, the City within -the p occdi g twe (2) years. The hiddcr shall opccify thc name and addrezo of thc party holding thc lien, the amount of the lien, the claim hao not beeu paid; and 2. Whether there arc any outotanding unpaid claimo againot bidder for claim, and an explanation why the claim has not been paid. A bidder may also be required to oupply con3truction rcfcrcnccc and a other authorized party, specifying all curcnt a33cto and liabilitietr.- A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) year recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Section a - SP (Revised 12/15/04) Page 12 of 25 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. Z 30 Amended "Consideration of Contract" Requirements Under "Ccncral Provioiono and Rcquircmcnto for Municipal Conotruction Contracto" gcction B 3 1 Conoidcration of Contract add the following text: proposalo, the thrcc (3) apparent lowest biddcro (booed on the Basc Bid only) major componcnt of thc we k; ■ LL_ Contract, along with a dczcription -of the work and dollar amount for • MBE firma mcct thc guidclinco contained heroin. Cimilar oubotantiation will be rcquircd if the Contractor is an MBE. If the rcoponoco do not cl arly Dhow that MBE participation will moot thc rcquircmcnto abovc, thc bidder muot clearly demonstrate, to the ❑atisfaction of the City rcquircmcnto but that mooting ouch rcquircmcnto poddiblc. io not reaoonably G. A list of subcontractors that will be working on thc Projcct. Thio fiat may perform-the-wk. The City Enginccr rctaino thc right to approvc all oubcontractors that will perform work on the Projcct. Thc Contractor ohall obtain writtcn bcgianing woFk on thc Projcct. If thc City Enginccr doco not approvc all propoccd subcontractors, it may rcccind thc Contract award. In thc event that a Subcontractor prcviouoly liotcd and approved is sought to be abibotituted for or replaced during thc term of tho Contract, then . thc City Enginccr retains the right to approvc any the Pio -ee-t. --B -h approval will not be given if thc replacement of tho subcontractor will result in an incrcaoc in thc Contract price. Failuro 7. A preliminary progrcoo ochcdulc indicating rclationchipc between tho major componcnto of thc work. Thc final progrcos ochcdulc muot be section A - SP (Revised 12/15/04) Page 13 or 25 concerns- Conaidcrationn for Contract Award and Execution and tho Coatractoo Field Adminictration Staff. 9. Documentation az rccg ircd by Special Provision A 35 K, if applicable. 10. Within five- (5) days following bid opcn4. g, submit in letter form, in€emtmation identifying type of entity and atatc1 i.c., Tcxaa (or other utatc) Corporation or Partnorohip, and namc(o) and Title(o) of A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8--5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a Change order has not been signed by the Director. of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth' precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special, Requirements (NOT USED) Section A - SP (Revised 12/15/04) Page 14 of 25 A. Vioitor /Contractor Orientation Prior to performing work at any City dater facility, thc Contract-c , his a xbee trae -te -s, and each of their emp1eyeeo muot have on their person a valid card certifying their prior attendance at a Visitor /Contractor Safcty Orientation Program eondueted by the City Watcr Dcpartment Pcroonncl. A Visitor / Contractor Safety .Department peroonncl for those peroona who do not have such a card, and who dcoirc to perform any work within any City water facility. For additional information rcfcr to Attachment 1. The Contractor shall not start, operate, or atop any pumps motor, related to City watcr facility at any time. All ouch items must bo operatcd by an operator or othcr authorised maintcnancc cmploycc of thc City Water Dcpartmcnt. C. rrotcctioa of Water Quality all times. The Centraeter -hall protect the quality of the watcr in the job site and shall coordinate ito work with the City Watcr Department to protect the quality of thc water. D. Conformity with ANSI /NSF Standard 61 All materials and cquipmcnt uocd in thc repair, rca ocmbly, tra.nzportation, reinstallation, and inapcction of pumpo, or any other items, which could comc into contact with potable water, muot conform to American National Standardo Instituter National Sanitation Foundation (AUSI /NCF) Standard 61 ao dcacribcd in the Standard Spccifi ationa. Cuch materials include all aolvcnta, cle ncra, lubricants, ganketa, thread compounds, coating °, or hydraulic equipment. Theme- item pcd unless thcy conform with ANSI /NSF Standard 6-1 and personnel immcdiatcly prior to uoc. Thc Contractor shall provide the Bnginccr with copica of written, could comc into contact with potable water. All trash generated by thc Contractor or his cmploycco, agents, or fac —ty cite. Slowing trash will not be allowed. Thc Contractor shall keep work arcao clean- at all timco and remove all traoh daily. CONTRACTOR'S ON-SITE rREr8R? TXOf than orangc, blue, or whitc. Bach employee uniform muot provide Section A - SP (Revised 12/15/04) Page 15 of 25 C. Contractor cha11 provide tclephoncz for Contractor peroonncl. Plant telephoned arc not availalblc for Contractor ucc. H. Working hours will be 7 :00- A.M. to 5:00 P.M., Monday thru Friday. I_ Contractor must not ucc any City facility rcotroomo. Contractor i -evidc own canitary facilities. J. All Contractor vchicico must bc parked at dcoignatcd cite, as dccignatcd by City atcr Department staff. All Contractor vchicics must be- cl arly labeled with company name. No private employee vchicicc arc allowed at 0. N. Steven Watcr Trcatmcnt Plant. All personnel must be in company vehicico. During working hourc, contractor cmployeco muct not love thc designated construction or ac directed by City watcr Department peroonncl during cmcrgcncy evacuation. Contactor Qualificationo SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION) be performed only by qualified tcchni al and oupervioory peroonncl, change°, acicctiono, furnishing, installing, connecting, programming, customising, debugging, calibrating, or placing in there opecificsztiona. The- Contracte' or biz subcontractor proposing to perform thc SCADA 1. -die i-a regularly engaged in thc computer booed monitoring and control oyctcm business, prcfcrably an applicd to the municipal watcr and wactcwatcr induotry. 2. Hc has performcd work on oystcmo of comparabl.c oizc, type, and complcxity ao required in thin Contract on at lcact thrcc prior pro- jccto. hcrcin for at 1 ant 5 ycarn. Hc cmploya a Rcgiotcrcd Profccaional Enginccr, a Control £yatcma Engineer, or an Electrical Enginccr to ouperviac or perform thc work required by this opccificc.tions. completed a. manufacturcr'c training couroe in configuring u ooftwarc propoocd for thc Contract. He maintains a permancnt, fully ctaffcd and equipped service facility within 400 milcn of thc Projcct nitc to maintain, repair, alibratc, and program thc cyotcma opccificd hcrcin. 7. He cull furnioh cquipmcnt which is thc product of one manufacturer to the maximum practical cxtcnt. Whcrc thin is product of one nanufacturcr. 9. Prior performance at thc 0. N. Ctcvcnc Watcr Treatment Plant will bc used in cvaluating which Contractor or subcontractor programs the new work for thin Projcct. Section A - SP (Revised 12/15/04) Page 16 of 25 9. Thc Contractor ohall produce blockz required to dhow the all filled out programming programming ac needed and DCADA oyatem: Attached is an example of the required and given to the City Engineer with all changca made during the programming phaoc. The attached ohcct io an example and io not intended to Dhow all of the required shccto. The Contractor will provide all programming blocko used. L. Trenching Rcquirementc All- trenching for thin project at the 0. N. Stcvcna Water Treatment number of cxioting underground obotruetiono shall be allowed on thc project. A -36 Other Submittals 1. Shop Drawing Submittal: The. Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: No trenching machines a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. r.cproducibleo: drawingo. In addition to thc required copica, the Contractor c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g- Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may 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. �- Section A - SP (Revised 12 /15/04) Page 17 of 2S 1 Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. J. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City ?' NOT USED Under "Cenral Provisions and Requirements for Municipal Construction Contracts ", B "The Contractor muot comply with the City of Corpus Christi's Watcr conditions. The City Engineer will pwovidc a copy of the Plan to Contractor at thc prc construction meeting. The Contractor will keep a copy of the Plan on thc Project cite throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance NOT USED constitute final acceptance of thc improvements under Cencral Provision iEir S A-40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction. Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials .delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory NOT USED Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, Section A - SP (Revised 12/15/04) Page 18 of 25 the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof; The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following,: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) ".Nameplate" data on all installed equipment. Section A - SP (Revised 12/15/64) Page 19 of 25 (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) NOT USED in thy— water, particularly high levels of chlerinc, will be used €or agcncica such ao ] RCC, EPA, cte. It will be thc Contr- actor' a rcoponaibility to comply with the rcquircmcnts of all rogulatory agencioo in the diapooal of all water uacd in the projcct. The methods of diapooal shall be aubmittcd to thc City for appoval. Thcrc ahall bc no ❑cparatc pay for disposal of highly for disposal of contaminated watt— A -47 Pre - Construction Exploratory Excavations (7/5/00) NOT USED and expose all existing pipelines of the ffeject that croon within 20 fcct of paced pipclincn of the projcct and Contractor ohall survey thc exact vcrti al and horizontal location of ach crossing and potentially conflicting pipeline. For cxioting pipclincn wheh parallel and -arc within ton feet (10') of thc accuratc horizontal and vertical looationo of said parallel pipclinco at 300 feet maximum O.C. indicating the Oirncr of pipelines cxoavatcd and ourvcycd, ao woll ao tho Contractor °hall perform- no construction work on the project until all reported to the Engineer and until Contractor receives Engineer'° approval of report. Exploratory cxcavationo shall be paid- E'er on a lump scum baoio. Any pavcmcnt rcpair accociated with exploratory excavations shall bc paid for according to the established until price of pavcmcnt patchiag retractor ohall provido A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. section A - SP (Revised 12/15/04) Page 20 of 25 Contractor shall coordinate his work with CP &L and inform CP&L of his construction schedule with regard to . said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "general Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason., are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract." A -51 Electronic Submittal of Bids The fe — lowing paragraph modifies Paragraph B 2 7 Preparation of PEoposal, of the General provisions.' The bidder has the option of submitting a computer generated print out, in lieu of, the Proposal (SHEETS: 1 THRU 13 OF 13), INCLUSIVE. The print out will list all bid items (including any additive or deductive alternates) signature, after the last bid item: (Contractor) herewith will be dctcrmmned by multiplying the unit bid price (Column IV) shown in (Column II) and then totaling the extended amounts. Section A - SP (Revised 12/15/04) Page 21 of 25 (C ignaturc ) (Titic) (-a.tc) A -52 Value Engineering The Contractor's attention is directed to paragraph B -4 -5 Value Engineering Incentive Procedures, of the General Provisions, which states: "After award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP'S) identify potential reductions in the contract cost by effective changes to the contract plans and specifications.ff Therefore, the Contractor shall fully examine the plans, specifications and contract documents; as well as, the project location, construction phase schedule in Appendix C, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major items involved in the scope of the project to judge for itself the circumstances and difficulties affecting the work to be performed and obtain all information required to make an intelligent proposal. The Contractor's attention is further directed to paragraph B -2 -3 Examination of Plans, Specifications and Site of the Work, of the General Provisions. In other words, the Contractor shall complete it's proposal to the best of it's ability, as currently provided. A -53 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or applications of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. A -54 Dewatering and Disposal This item shall be considered subsidiary to the appropriate bid items where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by manmade berms prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream (Oso Creek). Testing of groundwater quality is to be performed by City, at the City's cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. The Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by the contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer system or wastewater plant, Section A - SP (Revised 12/15/04) Page 22 of 25 the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on•a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Tilo Schmidt, Wastewater Pre - treatment Coordinator at 826 -1817 to obtain a "no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to it over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. Section A - SP (Revised 12/15/04) Page 23 of 25 SUBMITTAL TRANSMITTAL FORM PROJECT: Universal Little League Fencing; PROJECT No. EXXXXX OWNER: CITY OF CORPUS CHRISTI ENGINEER: CONTRACTOR: BARCOM COMMERCIAL SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 24. of 2S Section A - SP (Revised 12/15/04) Page 25 of 25 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 19TH 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 Barcam Commercial, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $124,771.46 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: UNIVERSAL LITTLE LEAGUE FENCING JOB ORDER CONTRACT PROJECT NO. E12032 (TOTAL AMOUNT AWARDED: $124,771.46) 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 -17 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 (11 0) calendar days from date they receive written work order and will complete same within 60 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus. Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 City Secretary APPROVED AS 1 O LEGAL FORM: By:. Asst. City ATTEST: (If Corporation) cw■\o- (Seal Below) (Note: if Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRISTI By: �I T Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By: Daniel Biles, P.E. Director of Engineering Services CONTRACTOR Barcom Commercial. Inc. By:.( 0 r�r Title: Vi v1u n Imo , d 6 vi t. . 5826 Bear Lane (Address) Corpus Christi, TX 78405 (City) (State) (ZIP) 361/851 -1000 * 361/851-1717 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 ws). 11--JA dY CINpt:IL 81.01CIARVI(yc( PROPOSAL /DISCLOSURE STATEMENT BARC014 COMMERCIAL, Inc. + GLN ERA 1.CONTRACTMk Proposal April 9,2012 Proposal # 16190 TO: City of Corpus Christi — Engineering Department Attn: Gracie Mesa 1201 Leopard St Corpus Christi, TX 78401 E -Mail: PROJECT: Green Wood Chain link We propose to furnish labor and material to perform the following: Price to include: All necessary material labor and equipment required to demo, haul off and install new fencing material at the Greenwood Baseball Complex. Base bid is for new fence along the edge of the parking lot at Wesiside Little League, replacing the outfield fence in its entirety and replace the fabric only on the backstop at "1' field". It also includes new fence along the driveway along the driveway to connect the existing fencing around the concession area. All galvanized components. Batting screens on all three fields. All 6' gates as shown on the plans. Alternate #1 is to replace the outfield fence in its entirety and replace and the fabric on the backstop on "2 "a field" Alternate #2 is to replace the outfield fence in its entirety and replace and the fabric on the backstop on "3rd field". Price to exclude Landscape work, asphalt work, hauling off spoils for post holes, locks for gates, Note: Please allow 10 days after notice to proceed and 50 to complete the entire above scope of work Base Bid - $79,448.29 Alt 1 $26,43949 Alt 2 $18,883.48 Total for complete project scope TOTAL AMOUNT OF PROPOSAL: $124,771,46 One hundred twenty four thousand seven hundred seventy one and 46/100 Respectfully submitted, BARCOM COMMERCIAL INC. Justin McComb Project Manager JM This proposal is void if not accepted in writing 30 days after this date; however, wirers executed by both parties, it shall become the contract for the services described above. Signed: Date: 3526 BEAR LANE CORPUS el IRISTL TEXAS 'M R5 TELEPHONE: (3611 s5l -It) 611• FAX: (.361) 851-1717 www.barcou o doom Gf o c0 ' o •� + . it K t- tom) 5 H ro C c 111 Q � O N . Estimator: Justin McComb 0 N N Oe 2 : io�aSl cc: a. O: 0- (11'. 0,01010! - r' .Q LW 10 ui °.a -.a.1= 0:v7 .m& C 0 810 UCJ •.voo: N NIN V.1 fl NV M Combined estimates... Estimator: Justin McComb 0. 0_ 0_ a_ ,0. a. a iQ .¢ D. a_ 0. 4 ' i D 0- .:4§ ititi ] 0 O b b 0 i o 0 r :o: :.a 2 CO c 04 g ai d9 • 64 CO] •°; Gam) tt~�� ID 69 1 0 • 0 co C1 4 co q - o 0 oj 0) co O O 0 0 ! r CO rn NrnN r •ID v3 F9 69. ID O O O • p Cq7 C O C r r • 1 r O e1 N CC 'I N f N : a 6 ' 0 664 6N4 E - 6I9 {O., M1 f : V, 0 0 b O . O 0 0 C. 0 1© : • G- ! Co p p m co i Y W of W w w !ij w 1 u. - 11, ` ID 1 J i" s Di m W CT y •= 4 c U V 2 0 t, : ci- m ' us ro n a '° i 3 3 a e ; e e L av I 1 m va. i -0a, m 40 0 _Q • O ; O Q a , 0 Q a {' F� 0 • . m m m ; m m �^. d i O .a' O ! Q 0. 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("4 0 (cc'. ; 10 • 0 C7 3 1 4 Estimate Grand Total Printed 0 APR 2012 1:54PM PAYMENT BOND STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. 105789046 That Barcom Commercial, Inc. of the City of Corpus Christi , County of Nueces and State of Texas , as principal ( "Principal "), and Travelers Casualty and Surety Company of America , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of ONE HUNDRED TWENTY -FOUR THOUSAND, SEVEN HUNDRED SEVENTY -ONE AND 461100 U.S. Dollars ($ 124,771.46 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 19TH 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: UNIVERSAL LITTLE LEAGUE FENCING JOB ORDER CONTRACT PROJECT NO. E12032 (TOTAL AMOUNT AWARDED: $124,771.46) 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 far the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev, Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 9th day of July , 2012. PRINCIPAL Barcom Commercial, Inc. By: -' f, :1) W\Q.S■e-11/40-/v■-iL Title: ATTEST: Secretary Address: 5826 Bear Lane Corpus Christi, TX 78405 Rev. Date May 2011 SURETY Travelers Casualty and Surety ConipanyofAmerica By: Attorney -in -fact C.A McClure.=`.:,'' ... Address: 4650 Westway Park Blvd. Houston, TX 77041 Telephone: 281 -606 -8400 Fax: 281 - 606 -8436 E Mail: alm @southernamericanins.com Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch & Associates Address: 1718 Santa Fe St. (Physical Street Address) Corpus Christi, TX 78404 (City) (State) (Zip) Telephone: 361-883-3803 E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 TRAVELERS Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 215018 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 004 728 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint C. A. McClure, Kelly J. Brooks, Kenneth L Meyer, and Michelle Ulery of the City of Houston State of Texas , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pertnitted'in any actions or proceedings allowed by law. IN WITNESS bWHEREOF, the Companies have caused this instrument to be signed -and their corporate seals to be hereto affixed, this 9th day of 012 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 'f16UA6< € £ f teal. Ore. t., _ By: Georg. Thompson, ice President 9th February 2012 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440 -6 -11 Printed in U.S.A. Qa C . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers , IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675 -3000 (267) 675 -3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. PERFORMANCE BOND STATE OF TEXAS COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. 106769046 That Barcom Commercial, Inc. of the City of Corpus Christi , County of Nueces, and State of Texas , as principal ( "Principal "), and Travelers Casualty and Surety Company of America a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of ONE HUNDRED TWENTY -FOUR THOUSAND, SEVEN HUNDRED SEVENTY -ONE AND 46/100 U.S. Dollars ($ 124,771.46 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 19TH 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: UNIVERSAL LITTLE LEAGUE FENCING JOB ORDER CONTRACT PROJECT NO. E12032 (TOTAL AMOUNT AWARDED: $124,771.46) 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 7 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 9th day of July , 2012. PRINCIPAL Barcom Commercial, Inc. By: 1 }J/ ()r,y ., ,A Title: ATTEST: Secretary Address: 5826 Bear Lane Corpus Christi, TX 78405 (Rev. Date May 2011) SURETY Travelers Casualty and Surety Compa ri ryafAnerica By: Attorney -in -fact C.A. McClure, Address: 4650 Westway Park Blvd. Houston, TX 77041 Telephone: 281- 606 -8400 Fax: 281 -606 -8436 E -Mail: alm @southernamericanins.com Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice service of process: Name: Kevin Keetch Agency: Keetch & Associates Address: 1718 Santa Fe St. Telephone: E-Ma it (Physical Street Address) Corpus Christi, TX 78404 (City) 361- 883 -3803 (State) (Zip) 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 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 2012 Surety Company: Travelers Casualty & Surety Company of America Ladies /Gentlemen: 1, Richard W. Sauer, Account Executive, Officer, hereby certify that the facsimile power of attorney submitted by C. A McClure of Southern American Insurance A ene Inc. for Barcom Commercial, Inc., a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven {7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this 9th day of Janu 2012 . Name: Richar Title: Account Executive, Officer Sworn and subscribed to before me on this 19th day of January CHERYL M. TOLER Notary Public STATE OF TEXAS *Comm. Exp. May 9, 2015 2012. Notary Pu State of Texas My Commission Expires: May 9, 2015 TRAVELERS.! Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 215018 Certificate No. 004728806 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint C. A. McClure, Kelly J. Brooks, Kenneth L. Meyer, and Michelle Ulery of the City of Houston , State of Texas , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their,..business of „guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perwittedtin any actions or proceedings allowed by law. 9th IN WITNESS WHEREOF, the Compaijes have caused this instrument tobe. signed =and theircorporate seals to be hereto affixed, this day of February LUUlZ State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Georg =VJ Thompson, ice President On this the 9th day of February 2012 Y , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440 -6 -11 Printed in U.S.A. \ci \.614A:414 C . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc_, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of July , 20 12 . !✓ice'' Kevin E. Hughes, Assistant S tary To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www_travelersbond.com_ Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers' P IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company andlor Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675 -3000 (267) 675 -3102 Fax You may contact the Texas Departtent of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 7S714 -9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. SUPPLIER NUMBER TO BE ASSiGNED n-rCTY-- I PURCHASING DIVISION CITY OF CORMS 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 tInestion is not applicOle, answer with "NA". See reverse side for. Filing Requirements, Certifications and denniflons. Barcom Commercial, Inc. COIVLEANY NAME; P. 0.180X: STRUT ADDRMSS: 5826 Bear Lane OM Corpus Christi zilk:. 78405- FIRM IS: 1. Corporation DC 2. Partnership 9 4. Association U 1. Other 3. Sole Owner 0 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 Corpu Chnti haOng an "ownership interest" constituting 3% or more of the ownership in the aboVe named "firm." Name n/a Job Title and City Department (if known) 2. State the names of each "official" of the City. of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above warned "firm." Name n/a Title 3. State the names ,of eaoh "board member" of the City of Corpus Christi having an "ownership interese' constituting 3% or more oft he ownership in the above named "firm." Name Board, Conunission 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 ihe 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 :tested action will confer an economic benefit on any City official or employee that is distiiagui le 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 i 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 alibis statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements -will be prom y submitted to the City of Corpus Christi, Texas as changes occur. Certifying Pelson: Elaine R. Hoffman {Yo or Print) Signature of Certifying Person: DEFINITIONS. .� Pjesirlent 12/07/09 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". Am 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 Ogre 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. ,4,4C° 4CoRO BARCO 3C 1 OP ID: TERE CERTIFICATE OF LIABILITY INSURANCE ! DATE(MMIDD/YYyY} 07/03/42 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 IS 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 361 - 883 -1711 Swantner & Gordon Ins Agcy -CC 361 -844 -0101 A Higginbotham Company PO Box 870 Corpus Christi, TX 78403 -0870 Steve Addkison / CONTACT NAME: PHONE 361 -8$3 -1711 FAX (E�119CA1i Ext): (AIC,No }: 361- 8AA -010i ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL R Valley Forge Insurance Co INSURER A : INSURER B : National Fire Ins Co--Hartford 205508 INSURED Barcom Commercial, Inc. 5826 Bear Lane Co opus Christi, TX 78405 20478 Commerce and Industry Inc Co INSURER C : 19410 INSURER D : $ 1,000,000 INSURER E : $ 100,000 INSURER F : COVERAGES CERTIFICATE NUMBER: 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 ANCE TYPE OF INSURANCE LTfi / ADDL INSR SUBRI ST/Di POLICY NUMBER POLICY EFF (M MIDDNYYY) POLICY EXP (MMIDDIYYYYI LIMITS 7 A 111 GENERAL X LIABILITY V COMMERCIAL GENERAL LIABILITY 04034064756 C4034064790 - 09!12111 09/12/11 09!12112 09112(12 / i EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence) $ 100,000 CLAIMS -MADE X I OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY I ^ LIMIT APPLIES 2T PER: LOC/ PRODUCTS - COMP/OP AGG $ 2,000,000 COMBINED SINGLE LIMIT (Ea accident) $ $ 1,000,000 $ 4 B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X L_ �1// SCHEDULED AUTOS NON -OWNED AUTOS BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE LPeraccident) $ $ (+ X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE BE016410605 09112111 09/12/12 EACH OCCURRENCE $ 15,000,000 AGGREGATE $ . "15,000,000 DED I X RETENTION$ 0,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETORIPARTNER1EXECUTIVE I Y i OFFICER/MEMBER EXCLUDED? I (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A WC4034064773 09/12111 09/12112 X I WOSTATU- I TORY LIMfF^�__ °R- ER E.L. EACH ACCIDENT $ 1,000,000 EL. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project No. E12032 Universal Little League Fencing See attached addendum for additional policy provisions including 30DNOC. CERTIFICATE HOLDER CANCELLATION CICC -CO City of Corpus Christi Engineering Services Contract Administrator P.O. Box 9277 ;Corpus Christi, TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD INSUREDSNAME Barcom Commercial, Inc. BARCOCI PAGE 2 OP ID: TERE DATE 07/03/12 The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Contractor's General Liability Extension Endorsement G- 18652 -I 07/09). The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. (Blanket Additional Insurd - Owners, Lessees or Contractors - With products- Completed Operations Coverage - Form G- 140331 -C 10/10). The General Liability policy includes a primary & non - contributory provision only when there is a written contract between the insured and certificate holder that requires such provision.(Blanket Additional Insurd - Owners, Lessees or Contractors - With Products - Completed Operations Coverage - Form G- 140331 -C 10/10). The Auto Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Texas Changes in Transfer of- Rights of Recovery Against Others to Us Waiver of Subrogation - Form CA 20 89 06/04). The Auto Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. (Texas Additional Insured - Form CA 04 03 06/04). The Workers' Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a 'written contract between the insured and certificate holder that requires it. (Texas Waiver of Our Right to Recover from Others Endorsement - Form WC 42 03 04 A 01/00). 'Executive Officers, David & Elaine Hoffman, are excluded under the 'workers' Compensation policy. professional Liability policy info: Columbia Casualty, Policy* CZB288296539, 11/14/11 -12 $1,000,000 Each Claim / $2,000,000 Aggregate Employee Theft policy with Travelers Casualty & Surety Company of America, Policy# 105677128, 9/12/11/ -12, $1,000,000 Per Occurrence Limit Barcom Commercial, Inc.; Barcom Construction, Inc . CNA Policy# 4034064756 G- 140331 -C (Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE his endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section II - Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as folows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage,' or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the "written contract "; or c. Your work that is specified in the "written contract' but only for "bodily injury" or "property damage" included in the "products - completed operations hazard," and only if: (1) The "written contract' requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. G- 140331 -C (Ed. 10110) 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. Required by the "written contract "; b. Described in 8.1. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract,' this insurance will be primary and non- contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders. change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or Includes copyrighted material or Insurance Services Office, Inc.. with its permission Page 1 of 2 4(::jet0/44 b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Clain' or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph 8.3 of this endorsement, agree to make available any other insurance the additional insured has for a Toss we cover under this Coverage Part; Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit "; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non - contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. (3) G- 140331 -C (Ed. 10/10) D. G- 140331 -C (Ed. 10110) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non- contributory except when rendered excess by endorsement G- 140331 -C, or when Paragraph b. below applies. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage "; or b The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. Includes copyrighted materiel or Insurance Services Orrice. Inc., with its pe ion Page 2 of 2 III IIILIwIIII 11U 1 LIr1111111I 11 arcom Commercial, Inc. ; Barcom Construction, Inc . CNA Policy./ 4034064756 G- 18652 -I (Ed_ 07/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERA#. LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE Coverages are summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Miscellaneous Additional insureds 7 additional insured extensions. 2. Employees As Insureds - Health Care Services 3. Joint Ventures /Partnership/Limited Liability Companies Coverage for your interest in such terminated or ended organizations. 4. Expanded Personal And Advertising Injury 5. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident. 61. Legal Liability And Borrowed Equipment Extended perils. Limit increased to $200,000 for Damage to Premises Rented To You 7. Non -owned Watercraft increased to 55 feet. 8. Non -owned Aircraft Coverage 9. Contractual Liability For Personal And Advertising Injury 10. Supplementary Payments Cost of bail bonds increased to $2,500. Daily loss of earnings increased to $1,000. 11. Liquor Liability Coverage Extension 12. Newly Formed Or Acquired Organizations Coverage extended to the end of the policy period. 13. Liberalization Clause 14. Unintentional Failure To Disclose Hazards 15. Notice of Occurrence 16. Broad Knowledge of Occurrence 17. Aggregate Limits Per Project 18. Bodily Injury - Extension of Coverage 19. Expected Or Intended injury Reasonable force - bodily injury or property damage. 20. Wrap -Up Extension 1. Contractual Liability- Railroads Expanded definition of "insured contract? Blanket Waiver of Subrogation Waiver of subrogation where required by written contract or written agreement. 23. In Rem Actions G- 18652 -I Includes copyrighted material of Insurance Services Office, Inc., with its permission. (Ed. 07/09) Page 1 of 8 1. MISCELLANEOUS ADDITIONAL INSUREDS Section 11 Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in Paragraphs 2.a. through 2.g. below whom you are required to add as an additional insured on this policy under a written contract or written agreement. However, the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Slate or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality. G- 18652 -I (Ed. 07109) G- 18652 -I (Ed. 07/09) b. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you or (2) Premises They own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. c. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. d. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their Lability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. e. Owners /Other Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or Includes copyrighted material or Insurance Services office. Inc., with its permission. Page 2 of B (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. f. Co•owner of Insured Premises A co -owner of a premises co -owned by you and covered under this insurance but only with respect to the co- owners liability as co -owner of such premises. g. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or written agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply; This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage,* or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under Paragraphs a. through 9. above does not apply to "bodily injury" or "property damage" included within the "products - completed operations hazard." As respects the coverage provided under this provision, Paragraph 4.b.(1) of Section IV — Commercial General Liability Conditions Is deleted and replaced with the following: 4. Other insurance b. G- 18652 -1 (Ed. 07/09) Excess insurance (1) This insurance is excess over: Any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Where 6-18652 -1 (Ed. 07/09) required by written contract or written agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. 2. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES Paragraph 2.a.(1)(d) of Section ti — Who Is An insured is deleted. 3. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANY COVERAGE A. The following is added to Section 11— Who Is An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. c. To a joint venture, partnership or limited liability company which is or was insured under a "consolidated (wrap -up) insurance program.° "Consolidated (wrap -up) insurance program" means a construction, erection or demolition project for which the prime contractor /project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, otherwise referred to as an Owner Controlled Insurance Program (O.C.LP.) or Contractor Controlled Insurance Program (C.C.I:P.). B. The last paragraph of Section II — Who Is An Insured is deleted and replaced by the following: Except as provided in Paragraph 4. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 4. EXPANDED PERSONAL AND ADVERTISING INJURY A. The following is added to Section V -- Definitions, the definition of "Personal and advertising injury ": h. Discrimination or humiliation that results in B. injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intenlionally by or • at the C. direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. S. Exclusions of Section 1— Coverage B — Personal and Advertising Injury Liability is amended to include the following: Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a govemmental entity because of discrimination. D. This provision 4. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I — Coverage B — Personal And Advertising Injury Liability is excluded either by the provisions of the Coverage Part or by endorsement. 5. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of Section III — Limits of Insurance is deleted and replaced by the following: 7. Subject lo Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under Section — 1 — Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of: G- 18652 -I (Ed. 07/09) G- 18652 -1 (Ed. 07/09) (1) 515,000; or (2) The amount shown in the Declarations for Medical Expense Limit. This provision 5. (Medical Payments) does not apply if Section 1 — Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. Paragraph 1.a.(3)(b) of Section 1 — Coverage C — Medical Payments, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident and 6. AL LIABILITY AND BORROWED EQUIPMENT LEG A. Linder Section I — Coverage A — Bodily Injury and Property Damage 2. Exclusions, Exclusion j. is replaced by the following. "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, . custody or control of the insured: (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (1), (3) and (4) of this exclusion do not apply to: (1) "property damage to tools or equipment loaned to you if the tools or equipment are . not being used to perform operations at the time of loss; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 (11) "property damage' (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section 111 - Limits Of insurance. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard." B. Under Section 1 - Coverage A - Bodily injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section 111 - Limits Of Insurance. C. Paragraph 6. Damage To Premises Rented To You Limit of Section 111 - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5, above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most we will pay under Section - I - Coverage A for damages because of "property damage" 10 any one premises while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $200,000: or b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.(1)(a)(11) of Section N - Commercial General Liability Conditions is deleted and replaced by the following: G- 18652 -I (Ed. 07/09) E. G- 18652 -I (Ed. 07/09) 01) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner, or This provision 6. (LEGAL LIABILITY AND BORROWED EQUIPMENT) does not apply if Damage To Premises Rented To You Liability under Section 1 - Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 7. NON -OWNED WATERCRAFT Under Section I - Coverage A, Exclusion 2.g., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. 8. NON -OWNED AIRCRAFT Exclusion 2.g. of Section I - Coverage A - Bodily injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge. 9. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Exclusion e. Contractual Liability of Section 1 - Coverage B is deleted. 10. SUPPLEMENTARY PAYMENTS A. Under Section I - Supplementary Payments - Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $2,500: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 11. LIQUOR LIABILITY Exclusion c. of Section I- Coverage A is deleted. 12. NEWLY FORMED ORGANIZATIONS Paragraph 3.a. of Section II - Who Is An Insured is deleted and replaced by the following: OR ACQUIRED includes copyrighted material of Insurance Services Office, inc., with its permission. Page 5 of 8 Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy's effective date after you acquire or form the organization, whichever is earlier. I3. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 15. NOTICE OF OCCURRENCE The following is added to Paragraph 2. of Section IV - Commercial General Liability Conditions - Duties In The Event of Occurrence, Offense, Claim or Suit: Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part However, you shall give written notice of this "occurrence; offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 16. BROAD KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. of Section IV - Commercial General Liability Conditions -- Duties in The Event of Occurrence, Offense, Claim or Suit: You must give us or our authorized representative notice of an "occurrence," offense. claim, or "suit" only when the 'occurrence," offense, claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership: (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. 17. AGGREGATE LIMITS PER PROJECT A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section 1- Coverage A, and for all medical expenses caused by accidents G- 18652 -1 (Ed. 07/09) Includes copyrighted material of Insure G- 18652 -I (Ed. 07/09) under Section I - Coverage C, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: 1. A separate Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard,' and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented lo the insured. 4. The limits shown In the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. 8. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section 1- Coverage A, and for all medical expenses caused by accidents under Section 1 - Coverage C, which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the nce Services Office, Inc., with its permission. Page 6 of 8 Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Single Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage' included in the "products-completed operations hazard" will reduce the Products - Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Aggregate Limit. D. If a single construction project away from premises owned by or rented to the insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. 16. EXPANDED BODILY INJURY Section V -- Definitions, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 19. EXPECTED OR INTENDED INJURY Exclusion a. of Section I — Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or properly. 20. OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP -UP) INSURANCE PROGRAMS The endorsement EXCLUSION -- CONSTRUCTION WRAP -UP PROGRAM which is attached to this policy is amended as follows: A. If the endorsement EXCLUSION — CONSTRUCTION WRAP -UP or another exclusionary endorsement pertaining to Owner G- 18652 -I (Ed. 07/09) G- 18652 -I (Ed. 07/09) Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached to this policy, then it is amended to add the following: With respect to a "consolidated (wrap -up) insurance program" project in which you are or were involved ,. this exclusion does not apply to: 1. Your liability for "bodily injury," "property damage " or "personal or advertising injury" that occurs during your ongoing operations at the project, or during such operations of anyone acting on your behalf: 2. Your liability for "bodily injury" or "property damage" included within the "products - completed operations hazard' that arises out of those portions of the project that are not "residential structures." B. The following is added to Paragraph 4.b.(1) of Section IV- Commercial General Liability Conditions This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a "consolidated (wrap -up) insurance program," but only as respects your involvement in that "consolidated (wrap - up) insurance program." C. The fallowing is added to Section V — Definitions: "Consolidated (wrap -up) insurance program" means a construction, erection or demolition project for which the prime contractor /project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, otherwise referred to as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). "Residential structure" means any structure where 30% or more of the square foot area is used or is intended to be used for human residency including but not limited to single or multifamily housing, apartments, condominiums, townhouses, co- operatives or planned unit developments and also includes their common areas and/or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels, or motels. includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 POLICY NUMBER: 4034064190 COMMERCIAL AUTO CA 04030404 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOF I CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date Is Indicated below. Endorsement Effective: 09/12111 Named Insured: Barcom Commercial, Inc. Barcom Construction, Inc. Countersigned By: (Authorized Reoresentailvel SCHEDULE Name and Address of Additional Insured: Any person or organization for whom or which you are required by written contract or agreement. (It no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement) A. Who is An Insured (Section II) is amended to include as an 'insured' the person(s) or organization(s) shown In the Schedule, but only with respect to their legal liability for acts or omissions of a person for whom IJablllty Coverage is afforded under this policy, B. The additional insured named In the Schedule or Declarations is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. C. You are authorized to act for the additional Insured named In the Schedule or Declarations in all matters pertaining to this Insurance. D. We will mall the additional Insured named In the Schedule or Declarations notice of any canceliation of this policy, If we cancel, we will give 10 days notice to the additional Insured. E. The additional insured named In the Schedule or Declarations will retain any right of recovery as a claimant under this policy. CA 04 03 00 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 t;.:.. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420304A (Ed. 1 -00) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas is shown in Item S.A. of the Information Page. We have the right to recover our payments from anyone liable tor an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. The premium for this endorsement Is shown In the Schedule. Schedule 1, ( )Specific Waiver Name of person or organization (x )Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2 percent of the premium developed on payroll In connection with work performed for the above person(s) or organizatIon(s) arising out of the operations described. 4. Advance Premium This endorsement changes the policy to which 11 Is attached and Is effective on the date Issued unless otherwise stated. (The Information below Is required only when this endorsement le issued subsequent to preparation of the policy,) Endoreemont Motive 09!12111 Insured Barcom Commercial, Inc. Barcom Construction, Inc. Insurance Company WC420304A (Ed. 1-00) Policy No. 4034064773 Countersigned by Endorsement No. Premium $