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HomeMy WebLinkAboutC2013-266 - 9/18/2013 - NA 2013-266 9/18/13 Barcom Commercial Inc. SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR ---------------- CITY OF CORPUS CHRISTI MUNICIPAL COURT RENOVATIONS j 0 a C FOR CORPUS CHRISTI MUNICIPAL COURT CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/826-1984 FAX: 361/826-4342 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/880-3500 FAX: 361/880-3501 PRO,= NO: E13071 NO: PBG - 5 6 6 F CITY OF CORPUS CHRISTI MUNICIPAL COURT RENOVATIONS PHm E13071 (Revised 6/27/99) ,._ NOTICE TO CONTRACTORS ° A (REVISED MARCH 2009) Insurance Requirements NOTICE TO CONTRACTORS ® B Worker's Compensation Coverage for Building or Construction Projects for Government Entities. PART A - SPECIAL PROVISIONS 71-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award/Explanation of Bid Items A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages -7 Workers Compensation Insurance Coverage A-10 stage Rates -11 Cooperation with Public Agencies A-12 Maintenance of Services A_9 3 44Ee-. 8!eae s and 1:7 Field o f fiee NOT USED A-19 Schedule and Sequence of Construction A-19 Construction Project Layout and Control -20 Testing and Certification A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/96) -23 Inspection Required A-24 Surety Bonds °-26 Supplemental Insurance Requirements a s A-29 Contractor's Field Administration Staff 64 ®tr A-31 Amended Policy on Extra Work and Chance Orders A-32 Amended "Execution of Contract" Requirements -33 Conditions of Work A-34 Precedence of Contract Documents -36 Other Submittals p6 A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities -39 Certificate of occupancy and Final Acceptance -40 Amendment to Section B-6-6m Partial Estimates -42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9199) A-44 Change Orders (4/26199) A-45 As-Built Dimensions and Drawings A-48 Overhead Electrical Wires A-49 Amended "Maintenance Guaranty" (8/24/00) Ati50 Amended Prosecution and Progress A-52 value Engineering PART B -° GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREViENTS E; LIST OF D GS SHEET 1 OF 6 - TITLE SHEET SHEET 2 OF 6 - DEMOLITION PLAN SHEET 5 OF 6 - NEW WORK PLANS SHEET 4 OF 6 DEMOLITION AND NEW FLORR PLANS SHEET 5 OF 6 - ELECTRICAL DEMOLITION PLANS SHEET 6 OF 6 - ELECTRICAL POWER AND LIGHTING PLANS NOTICE AGREEMENT PROPOSAL/DISCLOSURE TA PERFORMANCE BOND PAYMENT NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS INSURANCE REQUIREMENTS REVISED MARCH, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE ! AGGREGATE Commercial General. Liability including 1m Commercial Farm 2e Premises - Operations 3m Explosion and Collapse Hazard _. 4. underground Hazards 5m Products/ Completed Operations $ 2,000,000 COMBINED SINGLE LIMIT Hazards 6. Contractual Liability 7. Broad Farm Property Damage Ra Independent Contractors 9m Personal Injury AUTOMOBILE LIABILITY -- OWNED NON-OWNED OR $1,000,000 COMBINED SINGLE LIMIT RENTED WORKERS® COMPENSATION WHICH COMLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT" EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT $2,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE. Not limited to sudden & accidental El REQUIRED discharge; to include long-terra enviornmental impact for the disposal NOT REQUIRED of contaminants. See Section b-6-11 and Supplemental Insurance requirements BUILDER'S RISK El REQUIRED El NOT REQUIRED See Section b-6-11 and Supplemental Insurance requirements INSTALLATION RISK REQUIRED NOT REQUIRED PAGE 1®F 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 he listed under 'description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material chance 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. completed "Disclosure of Interest" must be submitted with your proposal Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826®3500. PAGE 2OF2 NOTICE TO CONTRACTORS B WORKERFS INSURANCE REQUIRE TS NOTICE TO CONTRACTORS WORKER" S COMPENSATION INSURANCE REQUIREMENTS Pagel of Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT CE INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES CE COVERAGE T 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 content 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 authority to self-insure issued by the commission, or a workers, compensation coverage agreement (TWCC®61, TWCC-62, TWCC-E3, or TWCCm34) , 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, 406m096(e) (1) m (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meting the statutory requirements of the Texas Labor Code, §401®011(44) (5) Coverage agreement--A written agreement on foram TWCC®61, form TWCCm02, form TWCC®03, or form TWCC-64, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers® Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and C, as one of employer/employee and establishes who will be responsible for providing workers, compensation coverage for persons providing services on the project. ( ) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity® (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act) With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on time project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees® This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 3 o f 11 "Services® includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a projects "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets® (0) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. Page 2 of ,b) Providing or causing to be provided a certificate or coverage pursuant to this rule is a. representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self� insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall- (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (41 obtain from the contractor a new certificate of coverage showing extension of coverage; fA) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project used 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; Page 3 of 9 (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 can the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the projects 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 projects (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to he covered, and stating how a person may verify current coverage and report failure to provide coverage® This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes® Attached —Graphic (8) contractually require each person with whom it contracts to provide services on a project to (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services can 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 sections; (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 rather person with wham 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 shoving extensions of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F°) retains 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 tent 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 projects and Page 4 of 9 (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (le) A person providing services on a project, other than a contractor, shall: J) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self=Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown an 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 projecti (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 thse 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; (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection,- (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 9 (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project, and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage can file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph area subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity sloes 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 laid by a governmental entity on or after September 1, 1994. This rule: is also applicable for those building or construction contracts entered into can or after September 1, 1994, which are not required by lava to be advertised for bid, (h) The coverage requirement in this .rule doses 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, Particle 675c, §4 (j) m (i) The coverage requirement in this rule does not apply to sale proprietors, partners, and corporate officers who meet the requirements of the Pict, §406.097(c) , and who are explicitly excluded from coverage in accordance with the Act, §406.097(x) (as added by House Bill 1069, 79th Legislature, 1995, §1.20) . This subsection applies only to stile 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 Dote: The provisions of this 9110®110 adopted to be effective September 1, 1994, 19 TexReg 57151 amended to be effective November 6, 19958 20 Tex€teg 8609 Page 6 of MS110.110(d) (7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regard,less of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 7 of 9 THS11 4, 10(c) (°l) Article Workers' Compensation insurance Coverage. A. Definitions: Certificate of coverage ("certificates')- A copy of a certificate of insurance, a certificate =_ of authority to self-insure issued by the commission, or a coverage agreement (ZWCC-81, TWCC- 82, T'l40C-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the personas 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'slperson's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 406.090) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food1beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification sodas and payroll amounts and .filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, section 401.011 (44) for all employees of the contractor providing services can the project, for the duration of the project. Cm The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract, D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, .file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven clays 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. 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 trail 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 can the project Page 8 of H, The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to. (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project,- and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7) , with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers" compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission 's Division of SelfFage 11 of 11 insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K, The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 9 of 9 PART A SPECIAL PROVISIONS CITY OF CORPUS CHRISTI MUNICIPAL COURT RENOVATIONS PNm E13071 ECTIOt� A - SEC I . AYS Wednesday, N"'. Peep manneE! wt; bee are m_ a 9 9 0 9 B ®—.5 C°d-r tv d,8e ____ __ere__ ______ GeEpus owt BIB A pr-e -bld meet-ing %#-411 be held VW TR46 HERS. The mee'.1n Hally 1201 be �efin tigna and..Ab1wjkyi&ti2u& Section -1 of the General Provisions will govern A_-3 2Q2V-Z!iR1i2n_2L_2X2i29k Scope of work as shown can drawings and discussed during walk thru. Demo of walls® build new walls, replace all floors and csel ings. Electrical and data drops. The contract is awarded as a Job Order Contract (J.O.C.) and prices established through the use of RSMeans cost pricing. A.-5 Items to be Submitted mi-th = The following items are required to be submitted with the proposal.: MR . Disclosure of Interests Statement 3. ubm,ttal. of Materials A-6 Ti gf Ca letia 1Li 'i at D=ma ea The working time for completion of the Project will be BA—calendar v . The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( 'City Engineer") to proceed. Section A-SP (revised 12/15/04) Page 1 of 22 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, $SOO 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. If the Contractor"s workers compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers, compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A nen�rei5p�� .......... -t-el'ld a5 Raft an (Revised 7/5/00) Labor preference and wage rates for In case of conflict, Contractor shall use higher wage rate. Section A®SP (revised 12/15/04) Page 2 of 22 Minim Pr_gvailina gage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Fart C. The Contractor and any subcontractor must not pay less than the specified came 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 tai-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer tai-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 (14) 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 -1-1, Definition of Terms, and Section B-7®6, Working Hours®) A- l p®rati os it2t_,�u lio n i (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 writers warts is anticipated to proceed in the vicinity of any facility by using the Texas One-Call System 1®600®245-4545, the Lane Star Notification Company at 1-900-669-8344, and the Southwestern Bell Locate Group at 1- . 800-828-5127. For the Contractor®s convenience, the following telephone numbers are listed. City Engineer 361-826-3500 Project Manager 361®526-3550, 826-3594 Traffic Engineering 880-3540 Police Department 882-1911 Water Department 857°1881 (880-3140 after hours) Wastewater 0epartment 857-1800 (880-3140 after hours) Gas Department 885°6900 (885-6900 after hours) Storm Water Department 826-1875 (880-3140 after hours) Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1970 A E 2 1-877-373-4058 (693-9444 after hours) S B C 881°2511 (1®800-824-4424,after hours) City Street Div. for Traffic Signal/Riser Optic Locate 826-1946 8571960 Cablevision 857-5000 (857-5060 after hours) ACST (Fiber Optic) 697-9200 (Pager 800-724®3624) C (Fiber Optic) 913-1124 (Wager 888204®1679) ChoiceCom (Fiber Optic) 661-x5767 (Pager 850-2981) C FROCK (Fiber Optic) 512-935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 Section A-S (revised 12/15/04) Page 3 of 22 A--12--kfa nee of Se 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 accur"a the.------- and completeness of such information is not auaranteed . It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engirneer® 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, ad5ustments or relocations of sewer service lines must be provided by the Contractor. --d t wn <in -a ve-,44AJ:red=+@ 1'. _4. ....... 4 r. p-B-24 Re' th tj '4P+e" Gi*yla TL-affie- Gag-Jiftee-eing Dep,�,Ime r3q na q-a A-- ,s t .eeeaea. te eeffia+-A�wep--- er Section A-SP (revised 12/15/04) Page 4 of 22 o ®@ @@ "Glean" ee payment wIll be made with an Inellned table that GeRtEaeteF @@ ®@ b 9@ @$ _ef-a PPe tea, A-_10 Schad The Contractor .shall submit to the City Engineer a work Mara based only on CALENDAR days. This plan must detail the schedule of work and Faust be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting® The Tarr must indicate the schedule of the following work items lm 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® Show complete sequence of construction by activity, .identifying Work of separate stages and other .logically grouped activities. Identify the first mark day of each week. 3® Submittal Bates: Indicate submittal dates required for all submittals 4® e®Submission; Revise and resubmit as required by the City Engineer°® 5. Peri_ dic i7 dated Submit updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. _. A-_12 Qgnatzwction 2ro nkro� The drawings may depict but not necessary include® lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally rewired to construct a _ . project of this nature Major controls and two (2) bench marks required for project layouts will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. Section A-SP (revised 12/15/04) Page 5 of 22 If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. ---------- . ...... ppe-es:t9i ate-a- �-J N� --0 QOP84� F Pa-T%�a:R EJ F08e55 weee-a+i-Fin,q n f 1-1he --eyide th.,e 11 e 4&P q e e f 45 e a 0 P--t-ar—dev�itu a a n a nA- P 4 Following is the minimum schedule of documentation required! Al! eeEiB ef Waet-ewa4eg+ A elevatleas or 44"4 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. Section A SP (revised 12/15/04) Page 6 of 22 off. The is A=22 � "n��� �r `x�ir� � _ ism Marti�i?�ti za p li (Revised 10/99) 1 m f�olic�r It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal ' Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1959, and any amendments thereto. In €v.. accordance with such policy, the City has established goals, as stated herein, both for minority and .female participation by trade and for Minority Business Enterprise 2. Definitions a. Prime-Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, .firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority Business Enterprise A business enterprise that is awned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manacle, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sale 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. Contra 11e.d The primary power, direct or indirect, to manage a business enterprise rests with a minority persaon(s) ® 3. 5hgK,e 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 ether monetary distribution paid by the business enterprise. Section (revised 12/15/04) Page 7 of 2 d. Minority: See definition under Minority Business Enterprise. e, 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,.4% of whose assets or interests in the corporate shares are owned by one or more women. f,, Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 2590% 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 Mincrity Business Enterprise (Percent) Participation(Percent) AA& 2.0 b_ These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4 . Compliance, a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. Section (revised 12/15/04) Page 8 of 22 ins n0c, on Reguized— gRevised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable® Section ®6®2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City® A-24 Surety 11gil" Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follow.- "No surety will be accepted by the City from any Surety Company who is new in default or delinquent on any ends or who has an interest in any litigation against the City. All ends Must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in are 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 reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 ) of the reinsurer®s capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Berard of Insurance as of the elate of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent when 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 obtains reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that streets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." ZAA Tam GhaEges" m m a '.ke P_aj Section (revised 12/15/04) Page 9 of 2 .u . _ _ _ a v j = a ia —w For each insurance coverage provided in accordance with Section m6®11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating. In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mall prior written notice of cancellation or material change to 1f Name City of Corpus Christi Engineering Services Department Attnb Contract Administrator 2� Address; P.O. Box 9277 Corpus Christi, Texas 78969-•9277 36 Number of days advance noticei 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 Contracts 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. (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and gold it and their 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 deaths 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. e Section A-SP (revised 12/15/04) Page 10 of 2 x e a m® a _ __ ma a® d preeed-Ang twe (21 years. The hIdder shall the date ef "he release ef b s a..w r e why. d he e l a a., Whether there aEe- "we (2) yeara. -he bidder shall epee-JI-f- net been a s _e �1d. statement, prepared all - ' assets and is b Ilti-e. The Contractor shall employ for this projects 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 males this determination may include the following 1 a The Superintendent must have at least five ( ) years recent experience in .field management and oversight of projects of a similar size and complexity to this Project. This experience trust include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract closeout procedures The superintendent shall be present, on the job site, at all tithes that work is being performed 2m Foremen, if utilized, small have at least five (5) years recent experience in ,.., similar work and be subordinate to the superintendent. ,y. Foremen cannot act as superintendent without prior written approval, from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Section A-SP (revised 12/15/04) Page 11 of 22 Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7=13, ­4 ive-1, wex­kq- 'J----------- eampeaeftt e-, whe A L, With �4 Me e e4h -1 t*w-rfiee 'f an . . ........ ­11ha- Mee- en -0 a peg 1 GLO P't v-ae -P hag= -e-OVAP 4e te 4- &K k-," _qf--W44,4- -i-- -4— - -----_ -It _4 4R e�P-,z+e Hreft 0 05P eve- af9y auk�S,4m �9 04- wi-11 , e A- 13e, eubRM, t-ted, t6 the-G-ty -4-4-4 Section A-SP (revised 12/15/04) Page 1 2 of 22 A-31 Amend d Po Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present teat is deleted and replaced with the following Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 :must also be approved by the City Council A-32 AMSndQd_2rX9p1Ltion of con r call R9q31jjLgM9j1tL Under "General Provisions and Requirements for Municipal Construction Contracts® B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees® Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor® c2ndi i2no Qf Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract® _ a ete iee 'n a In case of conflict in the Contract documents, first precedence will use given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence® In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable) , construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order® Section A-5P (revised 12/15/04) Page 13 of 22 as - sa - __ a , WOO -- - -- - _p _ - - .3 _ .. _ .. -_.... .... 0 al .. ... ... ----­-l41-_ x 6 is 6 .: _ . _.. . .__. mr- e _ -- t he'r item - k x T. Al The s ax ae- _ .- , � ]I`, - met iise , Section (revised 12/15/04) Page 14 of Ott ae Qbe _ z. by s v eposimen 0 pore�re neel, Any work me-the, m m . , m determined, * : _ t and ._ ._ -.._ __ .- ...:. � Or me heal performed week ._ .... ._... of- eeffipffi,-a6le a _ _ _ s ._ and Hez NOR., a 4h jeet site am W F ry menu the, mamimum given Fequives 4. and qgnveft b - �.Uwt< all .,. j Is-met Section A-S (revised 12/15/04) Page 15 of 22 ynx z w l, Ehop The Contractor stall follow the procedure outlined below when processing Shop [hawing submittals a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s) , and specification Section number, as appropriate, can each submittal form. d. Contractor's Stamp. Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling. Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking, Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers® standard data to provide information unique to this project. g° Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms i esubmi.ttal.s. Contractor rust remise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. AMplest The Contractor dust submit samples of finishes from the full .range of manufacturers® standard colors, textures, and patterns for City Engineer's selection. 3 "Test and Repair-_Report. When specified in the Technical Specifications .Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise the related equipment will not be approved for use on the project Section A-SP (revised 12/15/04) Page 16 of 2 ®9 " and PEought GeRt-Jageney I -- EnE 0. e® ew tmmE_=g==-==e ee==gym®sa m®m___ The requirements of "Notice to Contractors 'B"' are incorporated by reference in this Special Provision. -39 Corti anav and i-nA The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements tender General Provision. B-8-9. rtil � i General Provisions and Requirements for Municipal Construction Contracts Section ®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. an ezefie- adv_-'eery has been Issued, e ul � l��ion 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. ®4� t�dci Indrei. i.� ior� Ii�ld f�a 1 � Under "General Provisions and Requirements for Municipal Construction Contracts" B-6®21 Indemnification & Hold Harmless, teat 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 are 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, aterialman, or their officials, employees, agents, or consultants. Section A-5P (revised 12/15/0 4) Page 17 of 22 The contractor shall hold the City, its officialso 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 Changes_Dx&Ig= Should a change order(s# be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor®s costs and breakdowns, cost of materials and equipment, wage rates, etc- ) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. ble-4ar- I 4_tm­­, 4- -high lbvelk-S -u-&e et-*-en, and ffi,ay _-Meeed X be M 4f i eee ,�-h ­4- PA, --e44- y aq Peq*_+4_*eW, eae*e-5 shall w7i*e F T �Br- te av" M a- A 4,4'el, --va-Iff-le 1­"-d are 4 ee-wte-1 Section A®SP (revised 12/15/04) Page 18 of 22 of df® A sepaEa a pay) he d__ lect ical, Wires �7I5/009 Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction .route. Contractor shall use all due diligence, precautions, etc. , to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wares or facilities occurs Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines Some overhead lines are shown in the construction plans, while others are net. 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 (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", Maintenance QUarant_y, 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." ® r�dd P�o �� tlon �d p�ogr° � Under "General Provisions and Requirements for Municipal Construction Contracts", B®7 Prosecution and Progress, add the following® "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract." The f ee a® eu-t Is shewft Section (revised 12/15/04) Page 19 of 22 � W , s _ d _ . u _ _. this ._ _. 68 ifflaked AzU Mlu� The Contractor's attention is directed to paragraph B-4-5 Value Engineering Incentive Procedures, of the General Provisions, which states ;After award of the contract, the Contractor may develop and submit, to the City Engineer, value Engineering Change Proposals (VEE IS) identify potential reductions in the contract cost by effective changes to the contract ,playas and specifications " Wherefore, the contractor shall fully examine the plans, specifications and contract documents, as well as, the project location, construction phase schedule in Appendix c, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major items involved in the scope of the project to judge for itself the circumstances and difficulties affecting the work to be performed and obtain all information required to make an intelligent proposal. The Contractor's attention is further directed to paragraph B-2®3 Examination of Plans, Specifications and Site of the York, of the General Provisions. In other words, the Contractor shall complete it's proposal to the best of it's ability, as currently provided blar A _to r by nd- , _ Section A®SP (revised 12/15/04) Page 20 of 2 emsmAng- .,Vin_ shall 1 temperavy i -- 00WAnd tAte pefor-t 0 pump ion-1 a_pr-,.,:., a d �3madw me - Flow. %6m {ratep-How wed iy tr a„a x.. _ we - level shortly Section A-SP (revised 12/1S/04) Page 21 of 22 �J SUBMITTAL TRANSMITTAL FORM PROJECT4 =T � RP t I I I F T ATI t1� OWNER; CITY OF CORPUS CHRISTI, TEXAS N TOR m BARCOM COMMERCIAL, INC SUBMITTAL A - SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OF DRAWING SUBMITTAL, Section A®SP (revised 12/15/04) Page 22 of 22 AGREEMENT AGREEMENT THE STATE OF TEXAS COUNTY THIS AGREEMENT is entered into this 13TH day of SEPTEMBER 2013, 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 $69,631.11 , by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: MUNICIPAL COURT REMODEL JOB ORDER CONTRACT (RFP 2012-02) PROJECT NO. E13071 TOTAL 31.11 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,Aug-2013 Contractor shall i ! ! the i of Corpus Christi in c e with General Provision B-6-11 Special Provision A-26 of the General and Special Provisions Requirements ii l Construction Contracts the i Corpus ri ti, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 84 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-Aug-2013 CITY OF CORPUS CHRISTI APPROVED AS Tbl LEGAL F . m Daniel Biles, P.E. Asst. City Attorney Director of Engineering Services Funding Source: -1 550030-5115-40310-E13071 CONTRACTOR ATTEST: (If Corporation) Barcom Commercial, Inc. � Bye (Seal Below) Title: (Note: If Person signing for - corporation is not President, 5826 Bear Lane attach copy of authorization (Address) to sign) Corpus Christi. 7 (City) (State) (ZIP) 3 11 51-10 * 3611 51-1717 (Phone) (Fax) Page 3 of 3 Rev-Aug-2013 PROPOSAL/DISCLOSURE STATEMENT PAIL•= BARCOMCOMMERCIAL,[at. GINCRAL CONTRA(IOH Proposal July 8,2013. Proposal# 16441` E-Mail: TO: City of Corpus Christi—Engineering Department PROJECT: Municipal Court Attn: Gracie Mesa 1201 Lcapard St Corpus Christi,TX 78401 We propose to flimish labor and material to perform the following: Price to include: Scope of work as shown on drawings and discussed during walk tllru.Demo of walls,build nee® walls,replace all oors and ceilings.Electrical and data drops. Price to exclude Fire alarm outside of work space,replacement of light fixtures, night or weekend work, No plans or specs were provided prior to proposal being submitted. Now, please allow 12 weeks front NTP to allow for completing the scope of work TOTAL AMOUNT OF PROPOSAL: $69,631.11 Sixty Nine Thousand Six Hundred Thirty One and 11/1 RespectfWly submitted, BARCOIA COMMERCIAL, INC. Justin McComb Project Manager J This proposal is void if not accepted in writing 30 days after this date; however,when executed by both parties, it shall beLoine the contract for the services described above. Sign Date: 5126 BEAR LANE CORPUS CHRISTI.TEXAS 78305 TELEPHONF.(361)851-1(Kin-FAX,061 y 851A717 tvtvt�.h�tcptn.cY r N r I N ' V •V � 1 U •tl IN N � N. N'�giN � 'C ` r l `Le l N cry' Eli 0 V; 0 I r IL IL ci � e N ta In ' M� u �. 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Ci CM ' T C O I C L 6C8 x c c ao ex IT E5 m E W �� - n i ° El o ^k a _ I 3 tM I r� f y W W ® m QW g 1 C ¢1 t7 ® C yf° Imor♦� y �C ".� �W p 9 m 999 3 6Z V p� , N [V C� �• C co s INS �- or- So O n R rL Op� N 10 O.I E �^ III ® p �- r0 • Ig in d mi l �� 1 °' do N}I Y3 S ! 'nor �a ° Q 1 cm a c a� O ® w° ;?s va n, �.ia en a L i CD a C3 0 L. CL m rr 6 0 ay d r�i d I C - EeA SAW cJl v o Q o M cv n N cd f ea ® ® n eu n c I r i p a 1 s I � ATTAG T 1 PAGE 4OF5 ® d. 0. I. d ery d- SL H. ® z d SL Z N � O .r � : i N N r Im m, °.3 rJ t.a(� — o 1271 T Q ® r I no .W in 1 r f ri ® im I i I to Lo I ® " i i I j E j f �en to 44 64 y a� w w w 1; to liJ La I w UJ {;N ! - I t > m r p � ch ® ' a a o a C M ' ! SL zi �I p m ` c H 11 i I i c E q t ° I 1 s'S i E C � � � �cca E. 'ct: Fs � C8 I a E El l E d to M U iSl E N ll0 r cs i N °..N Ci N ( RY N N V r LU N i tl` in 121 W co � G! ti I N Pf 'p q Q c� r � �a +n ATTACHMENT 1 a PAGE 5 OF 5 SUPPLIER NUMBER TO BE ASSIGNED$ PURCHASING DIVISION City of CITY OF CORPUS CHIUSTI DISCLOSURE OF INTEREST Fhnsti Ci ty of Cor rpus Christi Ordinance 17112,as amended,requires all persons or finns.see in to do business with a Ci to provide the following information. Every question must be answered. I the question is not applica ie, answer with " A". See reverse side or Filing Requirements, Certifications and definitions. COMPANY NAME: rc m Com ercia- l c. P.0.BOX: STREET SS: 5826 Bgar Lane 1'ALE Co Christ!, ZIP: 7 ' FIRM 1S: 1. Corporation 2. Partnership 3. S®Ic Owner 4. Association ri S. Other Li DISCLOSURE STI NS If additional space is necessary,please use the reverse side of this age or attach separate sheet. 1. State a names of each "employee" of the City of Co us risti having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) NLA . State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board m ber"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above n "firm." Name Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership int t" constituting 3%or more of the ownership in the above named"firm." Name Consultant FILING Its UI 1°IFiiTS If a persoia wwbo requests official action on a matter knows that the requested action will confer an economic benefit oil any City official or employee that is distinguishable rrom the effect that the action will have on members orthe public in general or a substantial seginent thereof,you sliiall disclose that fact in a sigiaed writing to file City official,employee or body that has beers requested to act in the matter, unless tlae interest of tae Cio,official or employee in the matter is apparent. 'Hie disclosure shall also be made in a signed writing filed®vita tite City Secretary. [Ethics Ordinance Section 2-349( )] CERTIFICATION t certify that all inronnation provided is true acid correct as of the dale or this statement,that l have not kaioww iaa iy withheld disclosure of any inrannation mqu tedt and that supplemental statements will e: proiia. y su iatitte to the City orCczipus Ciaristi,°leas as changes occur. Certifying Person: —Elaine R. Hoffman 'Title: President i rrise or Priasat Signature of CertiCying Date: Person: October 24 2012 DEFINITIONS a. "Board member." .A member of any board, commission, or committee appointed by the City CounciI of the City or Corpus Christi,Texas, . "Economic benefit". An action that is likely to affect an economic interest if it is likely to have ail effect on that interest that is distinguishable from its effect on members or the paabtic in generat or a substantial segment thcreor. c. "Employee Any person employed by tiles City of Corpus Christi, Texas either oil a full or part- time basis,but not as an independent contractor. d. "Finn." Any entity operated ror econoi ic:gain, w Nether roressional,industrial or commercial,and whether established to produce or deal with a product or service,including but not limited to,entities operated in the foraaa or sole proprietorship, as self-employed person, partnership, corporation,joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treat non-profit organizations. tions. e° "Official." °I°fae Mayor, members of tine City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City or Corpus Christi,Texas. E "Ownership interest." Legal or equitable interest, whether actually or constructively het d, ill a firrn, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control estabtis ed through voting trusts, proxies, or special terms of venture or partnership aLTeenaenis.°" g "Consultant."Any person or Final, such as engineers and architects, hired by the City of Corpus Christi for tlae purpose or professional consultation and recommendation. P ERFO RMAN CE BOND STATE OF TEXAS § BOND No. 105970837 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Barcorn Commercial. Inc.- of the City of Corpus Christi County of Nueces . and State of Texas ' as principal ("Principal"), and rr-a—vere—rs Casual�y and Sure�Y Co MRMJL2L,� , 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 fi rmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, T@xas ("City" or"OWNER'), in the penal sum of SIXTY-NINE THOUSAND, i T l 1111 , Dollars ("6 631.11 U.S.) to be paid in Nueces County, Texas, for the payment of which sum w and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the _13TH of SEPIEMBER, 201 , 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: ti COURT REMODEL JOB ORDER CONTRACT(RFP 2012-02) PROJECT NO. E13071 TOTAL AMOUNT: $69,631.11 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 for 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, specify bons, drawings, etc., accompanying the same shall in anyw'sea ect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract,or to the work to be performed thereunder. (Rev.Date May 2011) Performance and 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 who 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 17th day of S:e to er 2013. PRINCIPAL SURETY Barcom Commercial, Inca. Travelers Casand Sure tV Co I m I p;any ofi America By: By:- Attomey-in-fact C.A. McClure' Title: ATTEST: Secretary Address: 5826 Bear Lane Address: 4650 Westway Park Blvd. Corpus Chdsd,TX 78405 Houston, TX 77041 Telephone: 281-606-8400 Fax: 281-606-8436 E-Mail: alm@southernamericanins.com (Rev.Date May 2011) Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County,Texas,for delivery of notice and service of process: Name: Kevin Keet Agency: Keetch &Associates Address: 1718 Santa Fe St. (Physical Street Address) Corpus Christi, TX 78404 (City) (State) (Zip) Telephone: 361-883-3803 E-Mail: Note: and 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 o13 WARNING:THIS POWER OF ATTORNEY IS�INVALID WITHOUTTME RED BORDER T P W 0 0 Y AAAjWb, POWER OF ATTORNEY TRAVELERSF,,,I,gton Camsualty Company St.Paul Mercury Insurance Company to F�idety ar, ,�hsuraur mp lity 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 Attorney-in Fact No. St.Paul Guardian Insurance Company Certificate No. 1 215018 005539982 KNOW ALL INIEN BY THESE PRESENTS: Tlml Farmington Casualty Company, St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company.St.Paul Mercury Insurance Company.'rinvelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States ridefily and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, 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 arganized tinder 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 Wery of the City of Houston ,State,0,(_—Texas their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute.sea]and acknowledge any and all bonds,rectignizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaraniceing the fidelity of persons,guaranteeing the Performance of contracts and executing or guaraniceing bonds and undertakings required or pet-ndued 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 26th day of June 2013 Farmington Casualty Company SL Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Undenvi-Iters,Inc. Travelers Casualty and Surety Company or America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Slate of Connecticut By; City of Hartford ss, Robert L.Raney. air Vice President On this the 26th day of June 2013 ,before me personally appeared Robert L.Raney who acknowledged himself to be the Senior Vice President of Farmington Casually Company, Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Undenvniers,Inc.,St.Paul Fire and hilarme Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company.Travelers Casually and Surety Company of America.and United States Fidelity and Guaranty Company,and that he,is such,being auttictrized so to do,executed the foregoing instrument for the PLMM%es therear contained by signing on behalf of the corporations by hits selfas a duly authorized officer. In Witness Whereof,I hercunto set my hand and official sea], 10 INN atah,Notary Public Petty Commission expires the 30th day of June,2016 Mane C Istne X0 59440-8-12 Printed in U.S.A. —------ WARNING:THIS POW la q 1ALl Travelersl" IMPORTANT NOTICE TQ..-QRTAIN INFQRMNTION-OR MAKE A COMPLAMT- You may contact Travelers Casualty&Surety Company of America,Travelers Casualty & Surety Company,Travelers Indemnity Company,Standard Fire tats an Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers and Attn: CU ms 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19.102 (2 7}675-3000 (267)675-3102 Pax You may contact the Texas Department of Insurance to obtain the information on companies,coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin,TX 78714-9104 (800)252-3439 ATTACH THIS NOTICE TO YOUR BOND-This notice is for informatian only and does not become a part or a condition oft a attached document and is given to comply with Section 2253-021,Government Code,and Section 53.202,Property Code,effective September 1, 200 1. PAYM E N T B ON D STATE OF TEXAS § 13OND No, 105970837 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That.................Barcorn Commercial. Inc. of the City ofCorpus Christt County of Nueces , and State of Texas , as principal ("Principal"), and Travels r$ Casualtv and Sure tv Cornoariv of America —1 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, mechinics and suppliers as their interests may appear, all of who shall have a right to sue upon this bond in the penal sum of StXTY-N INE THOUSAND, SIX HUNDREDTH IRTY-ONE AND 1111 U.s. Dollars ($-6-9,6_31_11 U.S. to be paid In Nueces County, Texas, for the payment of which sum J t C well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors. administrators, successors and assigns,jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered Into a certain written contract with the City of Corpus Christi (OWNER), dated the_13TH day of SEPTEMBER:, 2013 which Agreement is hereby referred to and made a part hereof as fully and to the sa m­e extent as if copied at length herein®for the construction of. MUNICIPAL COURT REMODEL JOB ORDER CONTRACT(RFP 2012-02) PROJECT NO. E13071 TOTAL AMOUNT: $69631.11 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 the owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and fumished for the construction of improvements oil 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) Payment8and Page I of 3 Provided further. that this bond is executed pursuant to Chapter 2253. TeX29 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 who 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 2 copies, each one of which shall be deemed an original, this the 17th —day tam ber . 2013. PRINCIPAL SURETY Barcom Commercial, Inc. Travelers Casualty and Surety Company of-America By: By: o Title: 'r ­ Zrney4-in_-f_a_vrtC.A�McCi`ure ATTEST. Secretery dress:_5826 Bear Lane Address: 4650 Westw2y�k Biyd. Corpus Christi, TX 78405 Houston, TX 77041 Telephone: 281-606-8400 Fax. 281-606- 8436 ail: alm@southernamericanins.com (Rev Date May 21311) Payment and Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County. Texas®for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch &Associates Address: 1718 Santa Fe St. (Physical Street Address) Corpus Christi,TX 78404 (City) (State) (Zip) Telephone: 361-883-3803 E-Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business In Taus® and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety AgenVs Original Power of Attorney must be attached hereto. Note. Date of Payment and must not be prior to date of contract. END Rev.Date May 2011 Payment Bond Page 3 of 3 WARNING,THIS POWER OF ATTORNEY IS INVALID wiTtiou-ir THE RED BORDER Aftk POWER.OF ATTORNEY TRAVELERSFarmington 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 SL Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St,Paul Guardian Insurance Company I Atlarney-In Fact No. '2150i8 Certificate No. 005539983 KNOW ALL NIEN BY THESE PRESENTS: -Puo Farmington Casualty Company,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 are corlsorations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corf)orafion duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under[tic laws of the State of Wisconsin(hereon collectively called the"Cornpardes").and that the Companies do hereby make,constitute and appoint C.A.McClure,Kelly J.By-oaks,Kenneth L Meyer,and Michelle UIcry of the city of —,Houston,_,,,, of TexIals their true and lawful Anorney(s)-in-Fact, -—---------- each in their separate capacity if mare than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other wntings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaratuccing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by la%v- IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be herein affixed,this 261h day of June 2013------ 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.['air]Fire and Marine Insurance Company United States Fidelity and Guaranty Company St,Paul Guardian Insurance Company, worrom Slate(if Connecticut By: City of Hartford ss. Robert L.Raney,Veniar Vice President On this the 26th day of Julie 2013 before me personally appeared Robert L.Raney,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,anti that he,as such,being authorized so io do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0.7 In Witness Whereor,I hereunto set any hand and official scaL My Commission expires the 30th day of June,2016. M M arie E.Teorault,Notary Public 58440.8-12 Printed in U. .A. Travelerslk IMPORTANT NOTICE !QJQBTAM!t!DRMAIMNDRMAKLA_�E��� You may contact Travelers Casualty& Surety Company of America,Travelers Casualty & Surety Company,Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (2 7) 675-3000 (267)675-3102 Fax You may contact the Texas Department of Insurance too tain the information on companies, coverages,rights or complaints at: Texas Depariment of Insurance P.O. Box 149104 Austin,TX 78714-9104 (800)252-3439 ATTACH THIS CET YOUR BOND.This notice is for infon-nation and and does not become a part or a condition oft a attached document and is given to comply with Section 2253-021,Government Code,and Section 53.202, Property Code.effective September 1, 2 00 1. 'ow&RMANCO.PPmi BSOND PERFORMANCE BOND STATE OF TEXAS § BOND No. COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Barcom Comme rci 1. l c. of the City of Corpus Christ! , County of Nueces , and State of Tex , as principal ("Principal"), and solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), in the penal sum of SIXTY-NINE I I 11114 U.S. Dollars ($69,631.11 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 certain written contract with the City of Corpus Christi (OWNER), dated the 13TH of SEPTEMBER, 2013, 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- MUNICIPAL I L JOB ORDER CONTRACT F 2012-02) rl PROJECT NO. E13071 TOTAL T: $69,631.11 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 period of one (1) year from the date of completion and acceptance of improvements by the Cit (O ), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Performance Bond Page 7 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in ueces 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 day of , 2013. PRINCIPAL By: y: tr ,, Attorney-in-fact Title: Secretary Address: Address: TI Fax: E-Mail: (Rev. Date May 2011) Performance Bond Page 2 of Name and address of esiet Agent of urety in ueces County, Texas, for delivery notice and service of process: Name: Agency: Address: (Physical Street re ) (City) ( tats) (zip) Telephone: E-Mail: rf� Note: n shall be issued by a solvent Surety company authodzed to do business in Texas, and shall meet any other requirements established y law or by OWNER under applicable law. Note: r Agent's ri it Power of torn 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 PAYMENT BOND PAYMENT BON D STATE OF TEXAS § BOND No. 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 a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of SIXTY-NINE THOUSAN , SIX HUNDRED THIRTY-ONE 11/100 U.S. Dollars ($ 69,631.11 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 13TH day of SEPTEMBER , 2013 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: MUNICIPAL T REMODEL CONTRACT JOB ORDER (RFP 2012-02) J T NO. E13071 TOTAL T: $69,631.11 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 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be fled on this bond, venue shall lie in ueces 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 v copies, each one of which shall be deemed an original, this the day of PRINCIPAL SURETY Y® y: Attorney-in-fact Title: ATTEST: Secretary Address: Address: Telephone: Fax: E-Mail: (Rev.Date May 2011) Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Agency: Address: (Physical Street dress) (City) (State) (Zip) Telephone: 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 y 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 contract. END Rev. Date May 2011 Payment Bond Page 3 of 3