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HomeMy WebLinkAboutC2012-391 - 10/16/2012 - Approved2012 -391 10/16/12 Ord. 029654 Barcom Commercial Inc. S P E C I A L P R O V I S I S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D $ O N D.S F O R CORPUS CHRISTI BEACH ENTRY DEVELOPMENT, (BOND 2008 ) RE --BID PREPARED BY: Wright Architects 910 Oriole Street Corpus Christi, Texas 78418 Mobile: 361/774 -7669 - Fax: 361/657 --0183 FOR: DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 PROJECT NO: 3394 DRAWING NO: CP -193 (Revised 7/5/00) CORPUS CHRISTI BEACH ENTRY DEVELOPMENT (BOND 2008) RE - BID, PROJECT 3394 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS-A. (Revised March 2009). Insurance Requirements NOTICE TO CONTRACTORS --B (Revised 7/5/00) 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 A -5 Items.to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A- 10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) _ A-12 Maintenance of Services A--13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal. /Salvage of Materials A 17 Field .-] O f f a (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Staking A--20 Testing and Certification A-21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy A-23 ! . ee; rk R l_ (R 5ed 7 5�09) (NOT USED) A -24 Surety Bonds A 26 Sales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A-27 R.-. ensi3» �t-' ceLm D amage - Glaai- (NOT EASED) A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A--31 Amended "Policy on Extra Work and Change Orders" A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A-- 35 —Eiby Water- Faeilities Sp 'Requl- _..„_nts (NOT USED) A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities TABLE OF CONTENTS PAGE 1 OF 3 (NOT USED.) A -40 Amendment to Section B -8 -6: "Partial Estimates" A 41-- GoeRe Adviseyy - (NOT USED) A -42 OSHA Rules & Regulations A -43 Amended "Indemnification and Hold Harmless" (9/98) A--44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) (NOT USED) A - 4:7 PjFe (4/;5/00) (NOT USED) A -48 Overhead Electrical Wires (7/5/00) A-49 Amend '"Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress PART B.-- GENERAL PROVISIONS PART C - FEDERAL WAGE ELATES AND RzQUIREMNTS PART S - STANDARD SPECIFICATIONS 021 SITE PREPARATION 021020 Site Clearing and Stripping 021040 Site Grading 022 EARTHWORK 01414 4 ,ZU 5r.it Fence 025 ROADWAY 025205 Pavement Repair, Curb., Gutter, Sidewalk and -arse Replacement 025802 Temporary Traffic Controls During Construction PART T - TECHNICAL SPECIFICATIONS _0256 CONCRETE WORK 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 028 SITE IMPROVEMENTS & LANDSCAPING 028061 Landscaping 028100 Irrigation System 030 CONCRETE, GROUT 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures 060 WOOD 061920 Fabricated Wood Trusses 100 SPECIALITIES 103400 Synthetic Palm Thatch Roof &.Aluminum Faux Bamboo Frame 104000 Archway Fetters and Images GEOTECHNICAL REPORT TABLE OF CONTENTS PAGE 2 OF 3 LIST OF DRAWINGS: SHT NO. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. DESCRIPTION TITLE SHEET /VICINITY MAP ESTIMATED QUANTITIES, LOCATION MAP & GENERAL NOTES ENTRY DEVELOPMENT. (BURLESON ST.) PLAN AND SIGNAGE DETAILS ENTRY DEVELOPMENT (BURLESON ST.) SITE PLAN STORM WATER POLLUTION PLAN & STORM WATER QUALITY MANAGEMENT PLAN SITE GRADING & PAVING PLAN & DETAILS TRAFFIC CONTROL PLAN (SHEET.1 OF 2) TRAFFIC CONTROL PLAN (SHEET 2 OF 2) TRAFFIC CONTROL & MISCELLANEOUS DETAILS ENTITY DEVELOPMENT (BURLESON ST.) STRUCTURAL PLAN STRUCTURAL DETAILS STRUCTURAL NOTES ENTRY DEVELOPMENT LANDSCAPE PLAN ENTRY DEVELOPMENT IRRIGATION PLAN LANDSCAPE & IRRIGATION NOTES & DETAILS NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TABLE OF CONTENTS PAGE 3 OF 3 NOTICE-TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi., Texas for: CORPUS CHRISTI BEACH ENTRY DEVELOPMENT, (BOND 2008) RE --BID, PROJECT NO. 3394 is a tourist area improvements project which consists of construction of a new arch entrance, landscaping and irrigation which includes planting palm trees and scrubs of various species in accordance with the plans, specifications and contract documents. will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, rll 2 . 5_ 4 2012 and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for Wednesday April 18 2012 at 10:00 A.M. The pre-bid meeting will convene at the En xneeE n " Services Main Conference Room 3 ,d Floor Cilar Hal]. , 1201 Leo and Street Co=us Christi TX. The meeting will be conducted by the City and include a discussion of the project elements. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City.as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ( $10.00 ) which is a nonrefundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bads, to waive irregularities and to accept the bid which, in the City's opinion, seems Most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Daniel Biles, P.E. Interim Director of Engr. Services /s/ Armando Chapa City Secretary NOTICE TO.CONTRACTORS A NOTICE TO CONTRACTORS _ A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of Coverage in the following amounts is required: TYPE OF INSURANCE MINIDM INSURANCE COVERAGE 30 --Day Notice of Cancellation required. on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY- -OWNED NON -OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ❑ REQUIRED discharge; to include long -term environmental impact for the disposal of x NOT REQUIRED contaminants BUILDERS' RISK See Section B -6 -11 "and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED x NOT REQUIRED Page 1 of 2 ©The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. [The name of the project must be listed under "description of operations" on each certificate of insurance, nFor 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 "Disblosure a:t Interest" must be submitted with your proposal. Should you have any questions regaardiag Insurance requirements, please contact th4a Contract ndm rsti strator at 884 -3500. Page 2 of 2 NOTICE TO CONTRACTORS R NOTICE - TO CONTRACTORS . - E WO ER" S COMPENSATION INSURANCE REQUIREMENTS Page i of 11 Texas Administrative Code TITLE INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION . CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in "the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements. of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or forth 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 405, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project—Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsectimis (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 f u- nishing persons to perform services on the project. Page 2 of 1 l "Services" includes but is not limited. toproviding, 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 foodibeverage 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 begmi coming 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 tho 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 Gr aphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes.and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons. providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (S) retain all required certificates of coverage on file for the duration of the project and for one . year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (S) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11. (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F), retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within, ten days after the person knew or should have known, of any change that materially affects the . provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -n 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 whore. 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, if the coverage per_ iod shown on the current certificate of coverage ends during the duration of the project; (1?) 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 (l) 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 rile 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, §40). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(x) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority.to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg S715; amended to be effective November 6, 1995, 20 Texfteg 8609 Page 7 of 11 T28.s110.1 la(d)(7) "REQUIRED WORKERS' COMPENSATIOArCOVERAGE" "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 far coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 TUS 110.110(c)(7) Article Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "cert f cate')- A copy of a certificate of insurance, a certificate of authority to se f 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" intrude, without limitation, providing, hauling or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include ac"ti"vities 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 fil ing 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 cent ficate of coverage ends during the duration of the project, the contractor roust, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person Beginning work on the project, .so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that Materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered and stating how a person may ver fy coverage and report lack of coverage. L 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 beingprovided 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 onfile for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require eachperson 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 sel Pnsured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providingfalse or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's; failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breachfrom the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS SECTION A _ SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Hid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Tull, 1201 Leopard Street, until 2:00 p.m., Wednesday, April 25, 2012 _ Proposals mailed should be addressed in the. following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street . Corpus Christi, Texas 78401 ATTN: BID PROPOSAL CORPUS CHRISTT BEACH ENTRY DEVELOPMENT, (BOND 2008) RE -BED, PROJECT No. 3394 Any proposals not physically in possession of the City Secretary' s Office at the time and date of bid opening will be deemed late and non - responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary' a office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening._ A pre -bid meeting will be held on Wednesday April. 18, 2012 beginning at 10:00 a.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, T% and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and ,Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project CORPUS CHRISTI BEACH ENTRY DEVELOPMENT, (BOND 2008) RE -BID, PROJECT NO. 3394 is a tourist area improvements project which consists of construction of a new arch entrance, landscaping and irrigation which includes planting palm trees and scrubs of various species in accordance with the plans, specifications and contract documents. 1. Base Bid, Entry Development Improvements on Burleson /Breaker Ave.'s median between Timon and Sur£side Blvds. Consisting of an entry archway structure spanning over Burleson /Breaker Ave., and landscaping with irrigation. Letters and images of the Entry Archway structure shall be constructed of a synthetic material mounted to the wood truss archway as specified. A -4 Method of Award The City intends to award the lowest qualified responsible bidder, subject to the availability of funds: 1. Base Bid Section A— SP Page 1 of 21 (Revised 9/18/00) The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with Pr9posal The following items are required to be submitted with the proposal_ 1. SW Bid Bond (Must reference CO3.PUS CHRISTI BEACH ENTRY DLVELOPMENT, (BOND 2008) RE -BID, PROCECT NO. 3394 as identified in the Proposal_) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement 2� Time of Ccmple_t_ion /Liquidated Damages The working time for completion of the Project will be: 1. Base Bid 120 calendar days The Contractor shall commence work within ten (10) calendar days after receipt of written notice to proceed from the Director of Engineering Services or designee ( "City Engineer "). For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as.extended pursuant to other provisions of this Contract, $500_.00 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 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. Section A - SP Page 2 of.21 (Revised 9/18/00) Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted, in accordance with Section B -2 of the General Provisions. A -9 Acknowled n.E`of Addenda The 'Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non- receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 wage Rates (Revised 7/5/00) Labor preference and wage rates for Construction Type(s): Heavy. l ease --ef eenfliet, Geatraeter shall tt . Minimum Prevailing wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others .working on the Project. These documents also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) one and one -half (1 -1/2) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays_ .(See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty - eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Dig Tess at 1- 800 -344 -8347, the Lone Star Notification Company at 1 -800- 669 -8344, and the Verizon Dig Alert at 1- 800 -828 -5127. For the Contr'actor's convenience, the following telephone numbers are listed: Section A — SP Page 3 of 21 (Revised 9/18/00) City Engineer 826 --3500 Project Engineer 826 -3500 A/E Project Architect, John Wright Wright Architects 774 -7669 Traffic Engineer 826 --3540 Police Department 886 -2600 Water Department 826 -1881 Wastewater Services Department 826 -1800 Gas Department 885 -6900 Storm Water Department 826 -1875 Parks & Recreation Department 826 -3461 Streets & Solid Waste Services 826 -1940 A E P S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI Optic) XMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A-12 Maintenance of Services fax: 657 -0183. (826 -1888 after hours) (826 -1818 after hours) (885-6913 after hours) (826 -3140 after hours) (1- 877 --373 -4858 after hours) 881 --2511 (1 -800- 824 -4424 after hours) 826 -1946 826 -1960 857 -5000 (857 -5060 after hours) 887 --9200 (Pager 800- 724 - -3624) 813 -1124 (Pager 888- 204 -1679) 881 -5767 (Pager 850 - -2981) 512/935 -0958 (Mobile) 972/753 -4355 The Contractor shall take all precautions in protecting existing utilities, both above and below ground.. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc, and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy _ and completeness of such information is not Guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his. responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown or not shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface, and Contractor must pay for all Fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A--13 Area Access and Traffic Control. Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All- weather access must be provided to all residents and businesses at all times during construction. Section A - SP Page 4 of 21 (Revised 9118/00) The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited 'to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading. Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department, payment will be me d to f =fita a_t_ _ A -14 Construction Equipment Sp4,11age and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Band labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb lines must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into. the storm sewer system., No visible material that could be washed into the storm sewers is allowed to remain on the Project site or adjoining streets. A--15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing.a good growth of grass when applied with seed /sod and 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 the Contractor. A -16 13is octal /salve a of materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to the Contractor. A -17 Field Office (NOT USED) feet ef usealale spaeet The field effiee must be ai�- eand�:tieiFied and heated and fadst_ " is Section A - SP Page 5 of 21 (Revised 9/18/00) A-18 Schedule and SeSeence 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. 2. Items to Include Shona complete sequence of construction by activity, identifying work of separate stages and other logically grouped activities. Identify the first workday of each week. 3. Submittal pates 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 Stakin The drawings depict lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. The major controls and benchmarks required for setting up a project, if not shown on the drawings, will he provided by the A/E Consultant. The Contractor,will furnish lines, slopes and measurements on the ground 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 A/E Consultant 48 hours notice so that alternate control points can be established by the A/E Consultant as he deems necessary, at no cost to the Contractor. Control points or benchmarks damaged as a result of the Contractor's negligence will be restored by the A/E Consultant at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City Engineer prior to deviation. If, in the opinion of the City Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also; the City Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the contract Do plans and specifications. Said compliance certification shall -be provided and prepared by a Third Party independ4rnt Registered Professional band survey (R.P.I.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.Z.S, shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Sections A — SP Page S of 21 (Revised 9(18/00) rollowing is the minim schedule of documentation required: Streets: • All curb returns at point of tangency /point of circ=ference; Curb and gutter flow line _ both ...i d o ff s t.,.. } on a 200' interv Water: If All top of valve boxes; 'V'alve vault rims. 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 Project Signs The Contractor must install two (2) Project signs as furnished by the City and as indicated in Attachment I. The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the sign will be determined in the field by the City Engineer. A-22 Minori /M.i.nor± Business Ente rise Participation Policy (Revised 10/98) 1. Po� licy 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 Carpus 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. Section A - SP Page 7 of 21 (Revised 9118100) 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 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 persons) 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 sold proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority See definition under Minority Business Enterprise. e. Female Owned Business Enterprise. A .sole proprietorship that is owned and controlled by a woman, a partnership at Least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or .interests in the corporate shares are owned by one or more women. f. Joint Venture A joint venture means an association of two.or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. Section A - SP Page S of 21 (Revised 9/18/00) 3. 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. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 $ 15 % 4. 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. 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 Ins ectiorn Ra fired (Revised. 7/5/00) (NOT USED) B-6-2 99 the general Px-evlale�as is hereby amended in that the Gentr-aete-r- and all: ethei- Gity r Ineluding water-�wastewate3e meter fees and tap fees as EeqFalEed 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. Section A - SP Page 9 of 21 (Revised 9/18/00) If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with re- insurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any re- insurer may not exceed ten percent (10 %) of the re- insurer'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 re-insurer 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 re- insurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or re- insurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A--25 Sales Tax Exec tion (No LONGER APPLICABLE) (6 /11 /98) ......_...rv.• .. .. ...w, .w,wta a...sat.L.t�✓LSVia L .:,_,......x..:,..s...r.,.. —� Gentraets for- improvements te Eeal property awarded by the Gity of GaE . pus GhEisti do r r r Publie Aeeeunt5 of Texas. I; Gbtaln the neeessairy sales tam permits from the State GemptralleI5. " Statement rt ,..te th n e mss 3. ,.r .... i...e resale . i. value- of -materlale eemplies with the above requiremeiits. The Gentr-aeteff must issue a resale eeEtifleate to the Eaabeentr-aeter- and the in turn, -�ssues a resale . eer- tlfieate is rte supplier- A - Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section 8 -6 -11 of the General Provisions, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: Section. A - SP Page 10 of 21 (Revised 9118/00) 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 chance to: 1. Name City of Corpus Christi. Engineering Services Department Attn: Contracts Administrator 2. Address P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City. Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the General Provisions, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6 -11 (a) of the General Provisions, the Contractor shall obtain an endorsement to this coverage stating: "Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and 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 Res onsibilit for Damage Claims (NOT USED) d t . " All 1l r sueh insur -n;ee age: A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation. concerning: Section A - SP Page 11. of 21 (Revised 9/18/00) 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date. of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, -the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at .least five {5} ears recent experience in the day -to -day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural submittal process, federal and state wage rate requirements, and 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) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City_ Documentation concerning these matters 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 or foreman 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 Pxojeot. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary'prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to Section B -7 -13 of the General Provisions. Section A -- SP Page 12 of 21 (Revised 9/18/00) A-30 Amended "Consideration of Contract" Requirement Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -3 -1 "'Cone derata.on of Contraot " add the following text: "Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only or Base Bid plus any.combination of Additive Alternates, subject to the availability of funds) must submit to the City Engineer the following information: 1. A list of the major components of the work. 2. A list of the products to be incorporated into the Project. 3. A schedule of values which specifies estimates of the cost for each major component of the work. 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE_ If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 5. A last of subcontractors that will be working on the Project. This List may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project_ Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7•-13 of the General Provisions. 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference. 8. Documentation required pursuant to Special Provision A -28 concerning "Considerations for Contract Award and Execution" and Special Provision A--29 concerning "Contractor's Field Administration Staff ". 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state (i.e., Texas or other state), Corporation or Partnership, and name.(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended "Policy cog Extra Work and Ch n2e Orders Under "General Provisions and Requirements for Municipal Construction Contracts ", Section 8 -8 -5 "PolISK on Extra Work and Change Orders ", the present text is deleted and replaced with the following: Section A - SP Page 13 of 21 (Revised 911$100) "Contractor acknowledges that the City has no obligation to pay for any Extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council." A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -3 -5 "Execution of Contract " add the following; "The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which .bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, 'including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor." A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of'thi.s Contract. Contractor is reminded to attend the Pre -Bid Meetin referred to in Special prov1sion. A -1. A -34 precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, 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 Transportation "Standard Specifications for Construction of 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 Ci Water Facilities: Special Requirements (NOT USED) Section A - SP Page 14 of 21 (Revised 9118100) ft Section A - SP Page 14 of 21 (Revised 9118100) Section A — SP Page 15 of 21 (Revised 9/18/00) A 4 A• ♦• I l . 1 A altp by t-heL=izedC-Ity geEsefffiel immediately prA93-- to use. wate-v: Section A — SP Page 15 of 21 (Revised 9/18/00) A 4 A• ♦• I l . 1 A M 11 --W MOM Ir b il W. - 0- 01 0 @10 11 4 ft MW ow Section A — SP Page 15 of 21 (Revised 9/18/00) al� shanges made duEifig the prregvarffirang phase. The atteelied sheet is an example af14 All trrenehing feE this p�Fejeet at the 0. 14. 8tevens Water- T�:-eatmefjt Plant shall be A -36 Other Submittals (Revised 9/18/00) 1. Shop Drawing Submittal The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a, Quantity Contractor shall submit number of copies required by the City to the City Engineer or his designated representative. b. Reproducibles In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings.. C. Submittal `transmittal Forms Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Re- submittals 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.. Section A - SP Page 16 of 21 (Revised 9118100) f • L _ OWN 4661 i al� shanges made duEifig the prregvarffirang phase. The atteelied sheet is an example af14 All trrenehing feE this p�Fejeet at the 0. 14. 8tevens Water- T�:-eatmefjt Plant shall be A -36 Other Submittals (Revised 9/18/00) 1. Shop Drawing Submittal The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a, Quantity Contractor shall submit number of copies required by the City to the City Engineer or his designated representative. b. Reproducibles In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings.. C. Submittal `transmittal Forms Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Re- submittals 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.. Section A - SP Page 16 of 21 (Revised 9118100) d. Contractor's Stamp Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking Contractor must ,mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations Contractor must .identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Re- submittals 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, through Contractor, any inability to comply with provisions. 2. Samples The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Revair Report: When specified.in the Standard or Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise the related equipAent will riot be approved for use on the project. A-37 Aftended "Arran ement and Charge for Water Furnished IM the City" Under "General Provisions and Requirements for Municipal Construction Contracts ", Section 13-6 -15 "Arrngeaent and Charge for Water lk=riished bar the City' add the following: r "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan "). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Com nation Covera a for Buildin or Construction Projects for Government Entities The requirements of "Notice to Contractors ` B r 'r are incorporated by reference in the Special Provisions. Section A - SP Page 17 of 23 (Revised 9/18100) A -39 Certificate of Ooou an and Final Ac tance (NOT USED) A -46 Amendm to section B -8 -6: "Partial Estimates" "General Provisions and Requirements for Municipal Construction Contracts" Sectionn. 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) 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 "Indemni:ftoation and Hold Harmless" (9/98) Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -6 -21 "Indemnification and Hold Harmless ", text is deleted in its entirety and the following is substituted in lieu thereof: "The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the Contract or in connection therewith by the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the City, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the Contractor, or any subcontractor, supplier or materialman." A -44 Change Orders (4/26/99) Should a change order(s) be required by the Engineer, the Contractor shall furnish the Engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by the Contractor as a basis for the price of the change order. Section A - SP Page 18 of 21 (Revised 9118100) A--45 AS- Built Dimensions and Drawings (7/5/00) 1. The "Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. 2. Upon completion of each facility, the Contractor shall furnish Owner with one. set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: a. Horizontal and vertical dimensions due to substitutions. /field changes. b. Changes in equipment and dimensions due to substitutions. c. "Nameplate" data on all installed equipment. d. Deletions, additions, ,and changes to the scope of work. e. Any other changes made. A - Disposal. of Highly Chlorinated mater (7/5/00) (NOT USED) A--47 Pre-- Construction Exploratory Excavations (7/5/00) (NOT USED) •• -- 1 0 0 -- - - - - - -- st i p be x the Gity fer TheEe be !or shall ��su bmi t ted G� appzreval. shall no separate pay sani A--47 Pre-- Construction Exploratory Excavations (7/5/00) (NOT USED) •• -- 1 0 0 -- - - - - - -- Section A - SP Page 19 of 21 (Revised 9118/00) st i p Section A - SP Page 19 of 21 (Revised 9118/00) A -48 Overhead Electrical Wires (7 /5/00) The Contractor' shall comply fully with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. The Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard.to ensuring that no damage to existing overhead electrical wires or facilities occurs. The Contractor shall coordinate his work with AEP /CP &L and inform AEA' /CP &L of his construction schedule with regard to said overhead lines. Some overhead lines may be 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 ", Section B -8 -11 "Mainterance 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 Pro cress Under "General Provisions and Requirements for Municipal. Construction Contracts ", B -7 Prosecution and Progress and 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. Section A - SP Page 20 of 21 (Revised 9/18/00) Section A - SP Page 21 of 21 (Revised 9118100) SUBMITTAL TRANSMIT FORM PROJECT: Corpus Christi. Beach XntM Deve1 ent Bond 2008 lid -sn) Project No. 3394 OWNER: City of Corpus Christi ARCHITECT: Wright Architects CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section 028061 General. Product Certificates Planting Schedule Maintenance Instructions Section 028100 General Product Data Manufacturers Instructions As -Built Drawings Section 104000 Submittals Section Requirements Manufacturers Data Section 103400 Samples Manufacturers Data Section A - SP Page 21 of 21 (Revised 9118100) AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 16TH day of OCTOBER 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 Barcom Commercial, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $427,609.49 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CORPUS CHRISTI BEACH ENTRY DEVELOPMENT BOND 2008 RE -BID PROJECT NO. 3394 (TOTAL BASE BID: $427,609.49) 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-641 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 120 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 ATTEST: City Secretary APPRCVED AS TO LE AL FORM: By: Asst. City Attorne ATTEST: (If Corporation) Q.. { eal BeloW) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRISTI By: U /' L/ r l Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation .ay: A 9 . �. Daniel Bil s, P.E. Director of Engineering Services CONTRACTOR Barcom Commercial, Inc. Title: V re isl' A —T_ r 5826 Bear Lane (Address) Corpus Christi, TX 78405 (City) (State)(ZIP) , 3611851 -1000 * 3611851 -1717 (Phone) (Fax) - .SECKT Page 3 of 3 Rev. Sun -2010 R E V I S E D P R O P O S A L F O R M F 0 R CORPUS CHRISTI BEACH ENTRY DEVELOPMENT (BOND 2008 ) RE --BID, PROJECT NO. 3394 DEPAR'T'MENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE I OF 9 P R O P O S A L Place: Date : April 25, 2012 Proposal of Barcom Commercial, In a Corporation organized ar?d existing under the laws of the State of Texas OR a Partnership or Individual doing business as N/A TO: The CitY Of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: CORPUS CHRISTI BEACH ENTRY DEVELOPMENT (BONb 2008) RE -BID, PROJECT NO. 3394 at the .locations set out by the _plans and specifications and in strict accordance with the contract documents for the following prices, to -wit: PROPOSAL FOP14 PAGE 2 OF 9 CORPUS CHRISTI BEACH ENTRY. DMLOPMSNT (BOND 2008) RE —BID, PROJECT NO. 3394 BASE BID CORPUS CHRISTI BEACH ENTRY DEVELOPMENT I II II Iv v BID QTY & UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGMS (QTY X M41T PRICE IN FIGT?.RES) 2 Concrete base foundation for A -1 EA Entry Archway, per Each 1'4 1 -3'1 2 EA Limestone patterned face above A -2 grade concrete base pylon for }} f 4 Entry Archway, per Each c Y 4 A_3 I Built up wood box truss, per Each $ ot) $ I a t � "I• 1 Removal of existing plaque y A -9 LS base & sidewalk portion, per Lump Sum $ f %i $ A -5 1 FA Historical Plaque Installed o - a ;] f } new pylon base, py per Each $ i d. u'�; $ C C 10 Mediterranean Fan palm, 15 A - 6 SA Gallon, complete in place, per Each A -7 25 EA Red Yucca, 5 Gallon complete in lace p place, per Each � :� $ � F � $ �,..� A - 8 19 EA Weeping Red Oleander,5 Gallon, complete in place, per Each A -9 136 EA Natal Plum, 1 Gallon, complete in Lace per Each p . P $' ��- 6> $ � � . A -10 162 EA Ice Plant, 4" Pots, complete in lace er Each p p � $ � Ems' $ � C . A -11 6 EA Esperanza, 3 Gallon, complete in lace Each P per $ 16 Planting mix for Bed A -12 CY preparation, berming & palm planting, complete in place, Cubic Yard per $ i..•�J $- �. 16 Top soil for berms, installed, A -13 CY per Cubic Yard � // � r ` C C =_ $ C '�- $ 150 Supply & install 6" x 6" A -19 Fak' timbers complete in lace � � � r , v�1 r place, per Linear Foot $ v ( l i $ V PROPOSAL rOP111 PAGE 3 OF 9 PROPOSAL PORM PAGE 4 OF 9 Supply & install a Landscape A -15 1150 fabric in the planting beds,L , SF complete in place, per Square Foot $ $ 3 15 Supply & install 5" of �4-1" A -16 CY Colorado Rock topdressing the timber beds, Complete in place, per Cubic Yard $ ,;(yi $ 0- U% 10 Relocation of California Fare A -17 EA Palm including transporting and planting, complete in EACH place, per Trimming, shagging and pruning 5 (5) Existing Mexican fan A -18 EA palms, complete in place, per Each ¢ F 6 6 Install & supply accent A -19 boulders 3'x3'x2' complete in J , place, per Each 3 Battery operated I" valve A -20 EA w /lateral., valve box, Pres., Reg., & filter, complete in _ C:x place, per Each $ c �i i Supply & install isolation y 3 valve line & box complete in A -21 EA place, per Each � C, / Supply & install 1" electric 3 .remote control valves, 1" A--22 EA w /laterals complete in place, per Each Supply & install a 2" PVC 180 irrigation Mainline w /bends & A -23 LF fittings, complete in place, Per Lineal Foot Supply & install. PGJ Rotor A -24 35 EA Head w/ swing joints complete in place, per Each Supply & install 14 Ga. wires } 1 & future wires in valve box to A -25 LS the electric valves, complete in place, Lu Sum � � per � j $ Supply & install (2) 2" 2 Pressure Vacuum Breakers, A -25 EA complete in place, per Each l - 8 � L j f C" 4 L Supply & install a 1" quick 2 coupler valve, w/ (1) key, A --27 EA complete in place, per Each $ J $ (�, Supply & install 5/8 ", 1 GPH subsurface Drip w/ air vents, 600 flush valves, fittings, A -28 LF complete in place, per Linear Foot PROPOSAL PORM PAGE 4 OF 9 TOTAL BASE BID (ITEMS A -1 TO A -42) PROPOSAL FOPI4 PAGE 5 OF 9 2 Supply & install. Rain Sensors, A -29 EA complete in place, per Each Supply & install a 16 station 1 Irrigation Controller for new A -30 EA and reconnected existing # valves complete in place, per Each f $'1. 7` 1 Remove existing Irrigation A -31 LS system in the new construction zone, per Lump Sum - !~ 12 month of landscape & 1 irrigation maintenance, A--32 LS complete in place, per Lump Sum $ f k A -33 1 Traffic Control, complete in LS place, per Lump Sum l $ A -34 1 Site work grading, per bump LS Sum A--35 2 EA Realign existing force main, per FdCf7 $ d t✓ iJ [✓ A -35 1 LS Mobilization , per Lump Sum Storm Water Pollution 1 Prevention Plan fSW3P) W /silt A -37 LS fence, complete in place, per bump Sum y) 216 DHPL Material Entry Archway A -38 SI" Letters "Corpus Christi Beach ", # / per 61 SF LRpL Material Entry Archway A -39 Turtle Images, per Scruare Foot 54 0HPL Material Entry Archway A -40 SF Seahorse Images, per Square Foot $ $ �r _a F DHPL Material. Entry Archway A -41 Sandal Plaque on Concrete Oases, per Square Foot t— _ Synthetic Palm Thatch Roof A -42 EA with Aluminum Faux Bamboo Frame, per Each TOTAL BASE BID (ITEMS A -1 TO A -42) PROPOSAL FOPI4 PAGE 5 OF 9 CORPUS CHRISTI BEACH ENTRY DEVELOPNENT (BOND 2008) RE -BID, PROTECT NO. 3394 BID SUNMARY CORPUS CHRISTI BEACH ENTRY DEVELOPMENT: TOTAL BASE BID (ITEMS A -1 TO A - 42) The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are more estimates for the guidance of the Contractor, Upon notification of -award of contract, we will within ten (lp) calendar days execute the formal, contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal,, in the amount of 5% of the highest amount bid, is to become the property of the city of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall., within five days of receipt of bids, submit to the City Engineer, in writing, the nam z and addresses of MBE fi participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed gets of Documents: The contract and all bonds will be prepared in not less than four counterpart (origins]. signed) sets. Time of Completion: The undersigned agrees to complete the work within the following calendar days from the date designated by a Work Order: Total. Base Bid 120 calendar da s *From date as authorized in the written Notice to proceed. PROPOSAL FORM PAGE 6 OF 9 CORPUS CHRISTI BRACR ENTRY DEVELOPbMNT (BOND 2008) RE -BID, PROJECT NO. 3394 The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned worst cowered by this proposal, in strict accordance with the contract documents and th,& requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number) : #1 (4/24/12) 7, , 2-q L Respectfully submitted: Name: Elaine R. Hoffman, President (SEAT, - IF BIDDER 1S a Corporation) NOTE. Do not detach bid from other papers. Fill in with ink and submit complete with attached papers, By. w (SIGNATUR j) i Address: 5826 Bear Lane (P.O. Box) (St�teet) Corpus Christi, Texas 78405 (C ity) (state) (zip) Telephone; 361 - 851 -1000 PROMML FORM PAGE 7 08 9 (Revised August 2000) PAYMENT BOND STATE OF TEXAS § BOND No. 105833318 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Barco_m 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 FOUR HUNDRED TWENTY -SEVEN THOUSAND SIX HUNDRED NINE AND 49/100 U.S. Dollars ($ 427,609.49 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 16TH day of OCTOBER 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: CORPUS CHRISTI BEACH ENTRY DEVELOPMENT BOND 2008 RE -BID PROJECT NO. 3394 (TOTAL BASE BID: $427,609.49) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Payment Bond Page 1 of 3 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 23rd day of October 2012. PRINCIPAL Barcom Commercial, Inc. Title: SURETY Travelers Casualty and Surety Corxig"i of Am erica tl� By �-J Attto ne in -fact C.A. McGIdre ti sb a ATTEST: � WAN • Wk ,► W i jai Address: Address: 4650 westway Park Blvd. Houston, TX 77041 Telephone: 281 - 606 -8400 Fax: 281 - 606 -8436 E -Mail: alm @southernamericanins.corn Rev. Gate May 2011 Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Kee Agency: Keetch & Associates Address: 17 18 Santa Fe St. (Physical Street Address) Corpus Christi, TX 78404 (City) (State) (Zip) Telephone._ 361 - 883 -3803 E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name .& No.: _ Various Projects 2012 Surety Company: Travelers Casualty & Sure Company of America Ladies /Gentlemen: I, Richard W. Sauer, Account Executive, Officer hereby certify that the facsimile power of attorney submitted by C. A McClure of Southem American Insurance A enc Inc, for Barcom Commercial. Inc. a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this 9th clay of 7anu L,2012. Name: Richar . Sauer Title: Account Executive, Officer Sworn and subscribed to before me on this 19th day of 7anuar , 2012. ew CHERYL M. TOLER Notary Public STATE OF TEXAS Corm Exp. May 9.21145 a ! Notary Pu ' State of Texas My Commission Expires May 9 2015 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER /� POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St, Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 215018 Certificate No. 004953993 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 Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of .guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or, proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 10th day of July 2012 Farmington Casualty Company St. Paull Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St- Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company G�� � � 41RE4 _ K IN r" 4Ngfl TY A/y F r �, �T� �� w '�[",� p�*�• -. Tp9 � ?y....... g ds P I ,poS�a� r 'WO � S 6` C� � �qp� z � � PORA1t;m iW TF -�ini ti m a '° � I .�j ACCRA `�CaIN 1 Sat Y � in •,� �: o. a 38AL�� t ' State of Connecticut City of Hartford ss. By: Georg Thompson, nior ice President On this the 10th day of July 2012 , 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 Ehe purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0 In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. Marie C. Tetreault, Notary Public 58440 -6 -11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travele AO IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAM: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fine Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Band 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, covcrages, rights or complaints at.: Texas Department of Insurance P.O. Box 149104 Austin, TX 38714.91134 (800) 252 -3439 ATTACH TIES NOTICE TO YOUR BOND. This notice is for ir�fbrmatian onty and does not become apart or a condition of the attacked document and is given to comply with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective September 1, 200 1.. PERFORMANCE BOND STATE OF TEXAS § BOND No. 105833318 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That . Barcom Commercial, Inc of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ( "Principal "), and Travelers Casualty and Surety Company of America a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of FOUR HUNDRED TWENTY -SEVEN THOUSAND SIX HUNDRED NINE AND 491100 U.S. Dollars ($_427,609.49 U.S. to be paid in Nueces County, Texas, for the payment of which sure 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 16TH of OCTOBER , 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: CORPUS CHRISTI BEACH ENTRY DEVELOPMENT BOND 2008 RE -BID PROJECT NO. 3394 (TOTAL BASE BID: $427,609.49) 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 2019) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.003, 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 23rd day of October PRINCIPAL Barcom Commercial, Inc. By ' fi ' Title: f 2 S s qO t� ATTEST: Secretary SURETY Travelers Casualty and Surety Company of Am edca, J � 1 0 By: Attorney -in -fact C.A. Me,C9."i. , Address: Address: 4650 Westway Park Blvd. Houston, TX 77041 Te lephone. 281 606 - 8400 Pax: 281- 606 -8436 E -Mail: aim southernamericanins.com (Rev. Date May 2019) Performance Bond Page 2 of 3 Address: 1718 Santa Fe St. (Physical Street Address) Corpus Christi, TX 78404 (City) (State) (zip) Telep hone: 361- 883 -3803 E -Mail: 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 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 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company ofAmerica St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Pant Guardian Insurance Company L Attorney -In Fact No. 21501$ Certificate No. 004953992 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 duty 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 Tpxag __ , their true and lawful Attomey(s) - in - Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their. business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or-proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 10th day of July 2012 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 o� _.,��n n r s,�aPPaRq ! � stag 'P" '° '�` ^'➢� `� 795 @ �= SERE i °: ±st c; CONN. CONK a � 1896 State of Connecticut City of Hartford ss. By: Georg Thompson, nior ice President On this the 10th day of JUly 2012 , 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. G• My Commission expires the 30th day of June, 2016- j {* 58440 -6 -11 Printed in U.S.A- THIS POWER OF ATTORNEY IS INVALID w c 4 C . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT 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. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United_ States FideEry 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 iii full force and effect and has not been revoked. IN TESTIMONY VVHEREOF, I have hereunto set my hand and affixed the seals of said Companies thi s71rd day of October l ip Kevin.E. Hughes, Assistant Seefftary GA51J,1�} 1plAE d LPN �kf y INSl, 4TY 4HO U ��� � 1977 � a►m � 5 BOA ° ,� " "'e,� . � c� ^rt m� ,�' �� n 3' `� � 1982 o cn; �m - 2E w. a FIAAtFOPh, �'FNprC� S r. ANt To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www_travelersbond.com. Please refer to the Attomey -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. Allk TravelerS IMPORTANT NOTICE TO OBTAIN INF4RMATION OR MAKE A COMPLAM : 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 Towner, Suite 2900 Philadelphia, PA 191.02 (267) 675 -3000 (267) 675 -3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at.: Texas Department of Insurance P.O. Box 149104 Austin, TX 79714 -9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is far i nformat on only and sloes not become apart or a condition of the attached document and is Veen to comply with Section 2253 -021, Government Code, and Section 53.202, Property Code, affective September 1, 200 L �. SUPPLIER NUMBER To BE ASSIGNED BY"rTy `°°`""''� PURCRASING DIVI91010 City of Corpus CITY OF cORpus C�STT DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer. With "NA -. See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAM; Barcom Commercial, Inc. P, 0. SOX: MEET ADDRESS: 5826 Bear Lane CITY* Corpus Christi ZIP 78405 FIRM IS: 1. Corporation 2. Partnership ❑ 3 _ Sole (� 4. Association ❑ 5. Other Owner DISCLOS[JRS QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having "owner an ship interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department NSA {if known} 2. State the names of each "official" of the City of Carpus Christi having an "ownership interest" constituting 30 or more of the ownership in the above named "firm." Name Title NSA _ 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm. - N/A Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the Cit of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 30 or more of the ownership in the above named "fixm." N/A Marne Consultant PROPOSAL FORT$ PAGE 8 of 9 If a FILING REQUIRMdENTS action will con ,fer economic i bene.fit o on on a C.it mat ter knows that ethe ZZ t the action will have on mernbe r oftthe public in general or a substantial segment thereof, P z3e what is distinguishable from the effect tha fact in a signed writing to- the City official., 'lo�ee shall shas been requested to act in the matter, ernp a unless the interest of the City official or employee in the matter is alp unless The disclosure shall also be made in a si_ ned writing filed with the City Secretary, [ethics Ordinance Section ��� cd� 7 certify that all information CERT'IFIEATION this statement, that 1 have not knows r�gly withheld d scia u e of an � as o f requested; and that supplemental statements will be promptly submitted d at e ethe City of Corpus Christi, Texas as changes occur_ oformatian °ert� Eying Elaine R. Hoffman Title President (Type of 2tir, Signature of Certifying Person: °_.." �' �''._ .Date April 25, 2012 DEFINITTONS a. "Board member." A member of any board, commission, or Committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic guish if it is likely to have an effect on that interest that is distin eres froze its effect on members of the public in general ox a substantial segment thereof, C. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -tire 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 form of sole proprietorship, operated in the as self- employed person, partnershi.p, . corporation, joint stock company, joint venture, receivership or d an , st tru entities which for purposes of taxation are treated as must, and organizations. e. "Official." The Mayor,. members of the City Council, City Manager, Deputy City Manager, ,Assistant City Managers, Department and Division Heads,' and Municipal Court Judges of the City of Corpus Christi„ 'Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refer to holdings or control established through voting trusts, proxies, terms of venture or partnership agreements.' or special 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. PROPOSAL FORK PAGE 9 or 9 BARCOC11 I OP ID: TERE %_FEW" CERTIFICATE OF LIABILITY INSURANCE DAT 10 /22 DlY VVr) 1 0 !x2 11 x THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CQNFERS 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 8: Gordon Ins Agcy -CC A Higginbotham Company 361- 844-0101 Box 870 Gorpus Christi, TX 78403 - 0870 Corpus Steve Addkison CONTACT Renee Terrell PHONE ,vc N E :361- 883 -1711 A N 36I- 844 -0101 E -MAIL rterrell@s-gins.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Valley Forge Insurance Co 28508 INSURED Barcom Commercial, Inc.; 6O C o nstr uction, Inc. InC. 582 Bea Lane 582 Lane INSURER B ; Continental Insurance Co 35289 NSURER c Commerce and Industry Ins Co 1 9410 INSURER o: Corpus Christi, TX 78405 INSURER E: INSURER F vvr uw+vLV ...a_n r u rvr+r c rwmocn• KtVISIUN 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 TYPE OF INSURANCE A L POLICY EFF POLICY EXP LTR POLICY NUMBER M1IIlDDfYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,900,000 A X COMMERCIAL GENERAL LIABILITY C4034064756� 09!12112 99112113 PREMISES Ea occurrence $ 100,00 CLAIMS -MADE F-K OCCUR , s MED EXP (Any one person) $ 5,00 Y PERSONAL SADVINJURY $ 11000,000 GENERAL AGGREGATE $ 2,000 GEN'LAGGREGATE LIMIT APPLES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PROT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,900,00 B Ix ANY AUTO C4034064790 09117/12 09112/13 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS / BODILY INJURY (Per accident) $ HIRED AUTOS Ix NON -OWNED - I/ PROPERTY DAMAGE $ AUTOS Per accident $ X UMBRELLAi -IAB X OCCUR / EACH OCCURRENCE $ 15 C EXCESS LIAB CLAIMS -MADE BE033880656 _Y 09112112 09112/13 AGGREGATE $ 1S,OD0,00 DED I X I RETENTION$ 10,000 / d $ WORKERS COMPENSATION WCSTAFU- OFH- AND EMPLOYERS' LIABILITY YIN X T CRY LIMITS ER A ANY PROPRIETORIPARTNERIEXECUTiVE WC4034064773 09112112 09112113 OFPICERIMEMBEREXCLUDED? NIA If / E.L. EACH ACCIDENT $ 11009 Mandatory E.L,DISEASE - EA EMPLOYE $ 1,DOD,DOD yes, describe kind unde r r DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 11000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space is required) / Project: #3394 North Beach (Corpus Christi Beach) Entry Development Bond 2006 Re -Sid See attached addendum for additional policy provisions including 30DNOC. CERTIFICATE HOLDER CANCELLATION CICC -CO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Services AUTHORIZED REPRESENTATIVE Contract Administrator P.O. Box 9277 Cor us Christi TX 78469 -9277 © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD NOTEPAD HOLDERCODE CICC -CO BARCOCI PAGE 7 INSURED'S NAmE Barcom Commercial, Inc.; OP ID: TERE DATE 10/2211 The Wor�ken �Campensation policy includes an endorsement providing that 30 i929so1 I muL- rvnn rr%. gG Vo Vl kUV) - UV 7. Liability policy includes an endorsement pproviding that 30 of cancellation will be fumi hed to the certificate hoider Iys notice of nonpayment o�Aremium. (Texas Chan es - Amendment ion Provisions or Coverage Change - Form CG 02 05 12104). dic includes an endorsement providing that 30 days notice of will be furnished to the cert�cate holder except 10 days npayment of premiut Texas Cancellation Provision or Coverage Inrcpment - Fnrm C,St O AnA nkinki Barcorn Conwnerelak Ine. ; Barcom Construction, Inc. CWA PolicytlC4034ou7s6 d G- 140331 -C (Ed. 10110) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the Wowing: COMMERCIAL GENERAL LIASILITY COVERAGE PART SC"EDULE (OPTIONAL) Name of Addttlondl N►srlydd Persons Or Organizations (As required by *written contract' per Paragraph A. below.) Locations of Covered Opwat;lons i a ors �e m (As per the 'written contract," provided the Location is within the'coverage terrRW of this Coverage Part.) A. Section It -Who Is An Insured is amended to include as an additional insured; 1. Any person ar organization whom you are required by 'ttrritten contract" to add as an additional insured an this Coverage Part; and 2. The particular person or organization, if any, scheduled above. S. The insurance provided to the additional insured is limited as follows: I- The Person or organization is an additional insured only with respect to Ilablity for " bodly r^Iu'y: "Property map.' or 'Personal and advertising injury"' caused in whole or in part by: a. Your acts or omissions; or 4 b. The acts or omissions of those acting on your behalf in the perfomrance of your ongoing operations specified in the 'written contract'; or C. "Your work` 11131. is specified in the 'written contrOW but only for - bodily injury" or "property damage" included in the "products - completed aPeratiorts hazard " and only if_ (1) The 'written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Pan provides such coverage- 2. 1Ne 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. This insurance is excess of all oftr insurance available to the additional insured whether on a Primary, excess. contingent. or any other basis. But if required by the 'written contract,' oft insurance will be primary and noncontributory retafive to insurance on which the additional insured is a Named Insured. The insurance provided to the additimal insured does not apply to "bodar injury," , property damage." or 'personal and advertising injury arising out of: a- The rendering of, ar the failure 10 fendOr, any professional arch tectural, engineering, or surveying services, kxkWing: (1) The preparing, approving, or failing 10 prepare or approve maps, shop drawings, opinions, reports, surveys, field ardent, change orders or drawings and sPecilbcationa; and (2) Supervisory, inspection, architectural or engineering activities; or 3. G - 140331 -C rnd„des mpyr4ftd rnarrisr of Durance smve" onc px.. with ins Pty Rage 1 of 2 (Ed. 10/10) J Barter Commercial, Inc.; Barcom Construction, Inc. CNA Policyfl C4034064756 V,"' (Ed. 07109 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' GENERAL LIABIL TY EXTENSION ENDORSEMENT This endorsement modifies insurance provided trader the following: COMMERCIAL GENERAL LIABILITY COVERAGE PANT 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 Imitations affecting each coverage, please refer to I* corresponding policy provisions in the body of this endorsement. 1. Miscellaneous Additional insureds 13. Liberalisation Cta me 7 additional insured extensions. 14. Unintenlenel Failure To Disclose Hazards 2. Employees As insureds — Health Caro Services 1S. Notice of Occurrence 3. Joint YeftresiPartnershipiLiralbd Liability 16. Broad Knowledge of Occurrence Companies Coverage for your interest in such terminated or ended 17. Aggregate LimHS Per Project organizations. 18. Bodily Injury — Extension of Coverage 4. Expanded Personal And Advertising injury 19. Expected Or Intended Injury S. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident. 6. Legal Liability And Borrowed Equipment Extended perils. Urnil increased to $200,[!00 for Damage to Premises Renled To You 7. Nan -owned Watercraft Increased to 55 feet. 6. Non-owned Alicia fi Coverage 9. Contractual Liability For Personal And Advertising Injury 10. $upplamentary Payments Cost of bag bonds increased to $2.500. Deny 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, Reasonable face — bor ity injury or prop" damage, 20. Wrap -tip Extension 21. Contractual Liability— Railroads Expanded definition of 'Insured contract' Blemitet waiver of Stiropstion Waiver of subrogation where required by written contract or written agreement. f 23. In Rem Actlons V ! / G•1865i 2 -1 Includes cWrighred rnwerW of tnswarwe Sys orate. Ina, with as PwwW3iw. Page 1 of 8 (Ed. 07109) G- 186524 (Ed. 07109) (2) 5lnuctural alterations, new ronstr idion 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 wilt respect to the ca- 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 arty 'occurrence' which takes place after the equipment lease expires; or (2) To 'bodily injury," "property damage. or 'personal and advertising injwy' arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under Paragraphs a through g. above does not apply to bodily injury" or 'property damage" included within the products- completed operations hazard' 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 andarsemerht to be excess am noncerwiWAing with this insurance. 2. EMPLOYEES AS INSURMS — HEALTH CARE SERVICES Paragraph 2-a -410) of Sactfan 0 -- Who Is An Insured is deleted. 3. JOINT VENTURES l PARTNERSHIP I UmITEO UA13OUTY COMPANY CGVERAGE A. The following is added to Section If — Who le An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or tmted liability company which lenrninated or ended Prior to or during this policy period but only to the extent of your interest in such joint venture. partnership or Innitsd liability company. This coverage does not ap*, a. Prior to the termination date of any joint venture. partnership or limited liability company; or b. If there is other valid and cotectil" insurance purchased sped kasy to insure the partnership, joint venture or 5mhed liability company. C- To a joint venture. partnership or i liability company which is or was insured under a "consoroated (wrap-up) insurance program' As respects t►e coverage provided under this provision, Paragraph 4.b4i) of Section . IV — Comnsrtiall Gannet Liability Conditions is deleted and replaced with the following: 4. Other insurance a� b. Excess Insurance 8. a (1) This insurance is excess over i 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 `Consolidated Swirap-up) insurance program" means a co Wictlon, erection or demolition project for which the prime contradodproject manager or owner of the construction prgM has secured general liability Insurance covering some or all of the contradors or subcOnhadom involved in the project, otherwise referred to as an Owner Controlled Insurance Program (O.C.I,P.) or Cortraclor Controlled Insurance Program (C.C.I P.). The last paragraph of Section 11 — Who Is An Insured is deleted and replaced by the fallowing: 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. G- 18652 -1 tTkX*s rapyrOted material or rnsWM09 sen Inc., wilh its pemlimiur, Page 3 of 8 (Ed. 07109) G- 186524 (Ed. 07M) 04 'property damage' (other than damage by fire) to Premises rented to you or lemporarity 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 10 — Limits Of Insurance. Paragraphs (3k (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- minpleted operations hazard' B. Under Section I — Coverage A -- Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following. Exclusions r- through P. 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 lit — Limits Of Insurance. (it) That is properly insurance for premises rented to you or temporarily occWied by you with the permission of the owner: or E. This pravisbn 6. (LEGAL LIABILITY AND BORROWED EQUIPMENT) does not apply if Damage To Premises Rented To You Liability under Section I — Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 7. NON -OWNED W ATERCRAFT Under Section 1 — Coverage A, Excluslon 2.9., subparagraph (2) is deleted and replaced by the foMrswing- (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. S. NON43WHED AIRCRAFT Exclusion 2.9. of Section I — Coverage A. — Bodily Injury and Properly Damage, does not apply to an ainralt you do not own. provided that 1. The pibf in command holds a currently effective cerlMcale issued by the duly cmdihrted aulharily of the United Slates of America or Canada, designating that person as a commercial or airline transport pill; 2. It Is rented with a trained, paid crew; and 3. it does not transport persons or cargo for a charge. S. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING, IN.WRY Exclusion e. Contractual Liability of Section I — Coverage 8 is deleted. 111. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coveragas A and 8, 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 ltrnit of $250 shown fix daily loss of earnings is replaced by $1,000. 11. LIQUOR LIABIUTY Exclusion c. of Section I — Coverage A is deleted. 12. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.a. of Section it — Who Is An Insured is deleted and replaced by the following: G- 10652 -1 tnduo" wpyrgtme maul of tfuuranea sarviws crake. Inc.. with ins parm"Sbm Page 5 of ti (Ed. 07109) C. Paragraph 6. Damage To Pmmises Rented To You Limit of Section lit -- Limits Of Insurance is replaced by the fONowing: S. Subject to Paragraph S. above. (the Each Occurrence Limilk 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' to any one Premises .while rented to you or temp�orariy occupied by you with the permission of the owner, includI g contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Lirnil is the greater of: a. $200,000; or b. The Damage To Premises Rented To You Limit shown in the Dectarations. D. Paragraph 4.b.(1)(aKll) of Section IV — Comirwrclal General Liability Conditions is ,, deleted and replaced by the following: (it) That is properly insurance for premises rented to you or temporarily occWied by you with the permission of the owner: or E. This pravisbn 6. (LEGAL LIABILITY AND BORROWED EQUIPMENT) does not apply if Damage To Premises Rented To You Liability under Section I — Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 7. NON -OWNED W ATERCRAFT Under Section 1 — Coverage A, Excluslon 2.9., subparagraph (2) is deleted and replaced by the foMrswing- (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. S. NON43WHED AIRCRAFT Exclusion 2.9. of Section I — Coverage A. — Bodily Injury and Properly Damage, does not apply to an ainralt you do not own. provided that 1. The pibf in command holds a currently effective cerlMcale issued by the duly cmdihrted aulharily of the United Slates of America or Canada, designating that person as a commercial or airline transport pill; 2. It Is rented with a trained, paid crew; and 3. it does not transport persons or cargo for a charge. S. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING, IN.WRY Exclusion e. Contractual Liability of Section I — Coverage 8 is deleted. 111. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coveragas A and 8, 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 ltrnit of $250 shown fix daily loss of earnings is replaced by $1,000. 11. LIQUOR LIABIUTY Exclusion c. of Section I — Coverage A is deleted. 12. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.a. of Section it — Who Is An Insured is deleted and replaced by the following: G- 10652 -1 tnduo" wpyrgtme maul of tfuuranea sarviws crake. Inc.. with ins parm"Sbm Page 5 of ti (Ed. 07109) G- 18652 -1 (Ed. 07109) •fin Products - Completed Operations Aggregate Limmt, whichever is applicable; and 2. Such payments shall not reduce any Single Constriction Project General Aggregate Urnit, 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 'pmducNs completed operations hazard' will reduce the Products - Completed Operations Aggregate. Limit. and not reduce the General Aggregate Limit nor the Single Construction Pm)ect 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 authoduid 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 IN — Limit Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated_ 18. EXPANDED BODILY INJURY Section V — Deltnitbns, 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 menial 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 Properly Damage liability is replaced by the following: a. ' Bodity injury or 'property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' . or - property damage" resufling from the use of reasonable force to protect persons or property. 20. OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP40) INSURANCE PROGRAMS The endorsement EXCLUSION — CONSTRUCTION WRAP -UP PROGRAM which is attached to this poky is amended as fvsoww A. B the endorsement EXCLUSION — CONSTRUCTtON WRAP -UP or another exclusionary endorsement pertairang to Owner Conlroled Insurance Programs (O.C.I.P.) or Contractor Controlled insurance Programs (C.C.I.P.) is attached to rft policy. then It is amerided to add the following- With respect to a "consolidated (wrap -up) insurance program' project it which you are or were invdved. this exclusion does not apply ed: 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 Nablkty for "bodily lroxy' or 'property damage' included within► the 'products, completed operations hazard' that arises out Of those portions of the projed that are not 'residential structures B. The following is added to Paragraph 4.b.(1) of SeCtn W -Commerclal General Liab111ty Conditions This insurarim is excess over (c) Any of the other insurance whether primary. excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a 'consolidated (wrap -up) insurance Program: but only as respects your involvement in that 'consolidated (wrap. up) insurance program' C. The following is added to Section V — Definttiahs: "Consolidated (wrap-up) Insurance program' means a Construction, erection or demolition project for which tine prime conbactorlpropci manager or owner of the construction project has secured general lability 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.IP.) or Contractor Controlled Insurance Program (C.C.I.P.). "Residential structure" means any structure where 30% or mere al the square tot area is used at is intended to be used for human re*lori y including but not limited to single or multifamily housing. apartments, condominiums, townhouse*, co- operatives or planned unit developments and also includes their common areas andlor appurtenant Structures (including p00% hat tubs, detached garages, quest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, cntieegeluniversigr housing or dormitories, long term care facilities, hotels, or moinls. G-18652-1 ina,das =WOW mare O of Insoranre $&W AS 0111ft, kW-, Wift ea VWMWUW Page 7 of 8 (Ed. 07109) POLICY NUMBER: 04034064790 Y COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following- BUSINESS AUTO COVERAGE FORML GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 09/12J12 Countersigned By Named Insured: Barcom Commercial, Inc.; 8arcom Construction, Inc. Authorized Re resentative SCHEDULE Name of Person(s) or Organization(s): Any person or organization which is required to be named as a result of a written contract with you (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 49 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMBER: 04034064766 V COMMERCIAL GENERAL UABILI"fY CG 02 0512 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART L� POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: "Per Schedule on File" Cancellation notification to the above entities will not apply to cancellation for non payment of premium 2. Address: "Per Schedule on File" 3. 1 Number of days advance n2!! 0: 30 Information required to complete tht Sched , if not shown above, will be shown in the Declarations. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION OR MATERIAL CHANGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effeckive 09112/12 Policy Number C4034084790 Named Insured Ba Commercial, Inc. Countersigned by • ,ti Barcom Construction, Inc. _ L v T „ _ • ... tR 3 In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: . mber of days advance notice: C 2. Name: "Per Schedule on File" SCHEDULE Cancellation notification to the above entities will not apply to cancellation for non payment of premium 3. Address: "Per Schedule on File"