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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
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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
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Section A-SP
(revised 12/15/04)
Page 4 of 22
o
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payment wIll be made
with an Inellned table that
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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.
---------- . ......
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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
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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
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-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
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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
-
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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-
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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: $69,631.11
Sixty Nine Thousand Six Hundred Thirty One and 11/1
RespectfWly submitted,
BARCOIA COMMERCIAL, INC.
Justin McComb
Project Manager
J
This proposal is void if not accepted in writing 30 days after this date; however,when executed by
both parties, it shall beLoine the contract for the services described above.
Sign Date:
5126 BEAR LANE
CORPUS CHRISTI.TEXAS 78305
TELEPHONF.(361)851-1(Kin-FAX,061 y 851A717
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PAGE 5 OF 5
SUPPLIER NUMBER
TO BE ASSIGNED$
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