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C2013-378 - 12/10/2013 - NA
2013-378 12/10/13 Barcom Commercial Inc. SPECIAL PROVISION SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR Central Library ADA Ramp & Elevator J . O . C . B FOR Central Library CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/826-1965 FAX: 361/826-1971 I AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/880-3500 PE FAX: 361/880-3501 L PROJECT NO: E13070 DRAWING NO: PBG-799 Central Library ADA Ramp & Elevator PN: E13070 (Revised 6/27/99) Table of Contents NOTICE TO CONTRACTORS - A (REVISED MARCH 2009) Insurance Requirements NOTICE TO CONTRACTORS - B Worker's Compensation Coverage for Building or Construction Projects for Government Entities. PART A - SPECIAL PROVISIONS A 1 Time and Place of Receiving Proposals/Pre Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award/Explanation of Bid Items A-5 Items to be Submitted with Proposal 1: A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A 8 Faxed Proposals A 9 Acknowledgment of Addenda A-10 Wage Rates A-11 Cooperation with Public Agencies A-12 Maintenance of Services A 14 Construction Equipment Spillage and Tracking A 15 Excavation and Removals A 17 Field Office NOT USED A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification A 21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) 1: A-23 Inspection Required A-24 Surety Bonds A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims (NOT USED) A-29 Contractor's Field Administration Staff A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents A-36 Other Submittals A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings I _ _ B. - - .._oo-- .. . ...e . - - - -- A-48 Overhead Electrical Wires A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress A 51 Electronic Submittal of Bids (NOT USED) A-52 Value Engineering A 53 Dust Control A 54 Dcwatcring and Disposal (NOT USED) PART B — GENERAL PROVISIONS PART C FEDERAL WAGE RATES AND REQUIREMENTS PART D FEDERALLY REQUIRED LANCUACE PART S STANDARD SPECIFICATIONC • PART T TECHNICAL SPECIFICATIONS I EXHIBITS LIST OF DRAWINGS 11 SHEET 1 OF 5 — TITLE SHEET SHEET 2 OF 5 — NORTHWEST ENTRY — DEMOLITION PLAN SHEET 3 OF 5 — NORTHWEST ENTRY — NEW WORK PLAN SHEET 4 OF 5 — DETAILS SHEET 5 OF 5 — NEW WORK PLANS, ELEVATORS AND DETAILS NOTICE AGREEMENT I PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND 1 PAYMENT BOND I I 11 I I I I 044 Cl) 1 z E61 01 0 Ulm" PI ri r ‘ I p4H , H 0 z 1L,A1 L :.i g VA1 II LAI LAI LA ILA LAI IJ LI LI LA LA LAI NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS REVISED MARCH, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 1: 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazards 5. Products/ Completed Operations $ 2,000,000 COMBINED SINGLE LIMIT Hazards 6. Contractual Liability 7. Broad Form Property Damage r 8. Independent Contractors ill 9. Personal Injury AUTOMOBILE LIABILITY -- OWNED NON-OWNED OR t,. RENTED $1, 000, 000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION WHICH COMLIES WITH THE TEXAS WORKERS' i: COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 P ill EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT $2,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE. Ai Not limited to sudden & accidental ❑ REQUIRED discharge; to include long-term enviornmental impact for the disposal Q NOT REQUIRED of contaminants. See Section b-6-11 and Supplemental E Insurance requirements BUILDER'S RISK El REQUIRED El NOT REQUIRED See Section b-6-11 and Supplemental r! Insurance requirements NI INSTALLATION RISK El REQUIRED ❑ NOT REQUIRED L PAGE 1 OF 2 The City Corpus coverages of Co us Christi must be named as an additional insured on all covera g except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826-3500. is I Ail offf m 4, 1111 PAGE 2 OF 2 a F NOTICE TO CONTRACTORS - B fr WORKER' S COMPENSATION INSURANCE f REQUIREMENTS E C C E L t C Page 1 of 9 mi Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS ' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110. 110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings,unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. 4" (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-81, TWCC-82, TWCC-83, or TWCC-84) , showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. 1r (2) Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e) (1) . (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011 (44) . Er (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, PR pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act) - With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly 1: 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 project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. a (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. kr Page 2 of 9 a (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; 1: (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the MI governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new mi 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; hi Page 3 of 9 tort (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current al 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: re (A) provide coverage based on proper reporting of classification codes and payroll MI amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; 1: (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3)of this section; (D) provide the contractor, prior to the end of the coverage period, a new certificate 1: of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and Page 4 of 9 MI 1: 1: (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on 1: the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. " (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and is provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; 1: and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (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 1: have known of the change; and (8) contractually require each other person with whom it contracts to: 1: (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 ri 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 S of 9 r rq (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of 1: coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4 (j ) . (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, .5406.097 (c) , and who are explicitly excluded from coverage in accordance with the Act, §406.097 (a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20) . This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 1: 1: Page 6 of 9 1: T28S110.110 (d) (7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " 1: "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. " I1: I1: 1: 1: I Page 7 of 9 Ii T28S110.110(c) (7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84) , showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 1: Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the 1: project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401. 011 (44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 1: Page 8 of 9 C iWI 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. I. 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, y'f 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 SelfPage 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. r I 1: Page 9 of 9 PART A SPECIAL PROVI S IONS Ii 1. Central Library ADA Ramp & Elevator PN: E13070 SECTION A - SPECIAL PROVISIONS 1: Z.1;1.1.":11K i m• • located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m. , Wednesday, N/A. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Strcct Corpus Christi, Texas 78401 amm*i- n :E nnnnnenr - 1: - r -r TIME HERE. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a A-2 Definitions and Abbrev iations Section B-1 of the General Provisions will govern A-3 Description of Project Make repairs to front entrance ramp into library as shown on drawings and discussed on site misc. tile repairs and upgrade to existing elevator as discussed with elevator contractor and architect. r A-4 Method of Award The contract is awarded as a Job Order Contract (J.O.C. ) and prices established through r. the use of RSMeans cost pricing. A-5 Items to be Submitted with Proposal r The following items are required to be submitted with the proposal: 4- 5% Bid Bond (Must reference Proicct Name as identified in the Propooal) JOB ORDER CONTRACT (JOC) (A Caohicr'o Check, certified check, money order or bank draft from any State or 2. Disclosure of Interests Statement 3. Submittal of Materials A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 84 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. a Section A-SP (revised 12/15/04) kap Page 1 of 22 a 1: Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or If: 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 I: laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. I: The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise 1: Participation Policy for additional requirements concerning the proper form and content of the payroll submittals. ) 1: One and one-half (1'-.1) 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. II (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours. ) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight 1: (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One Call System 1-800-245-4545, the Lone Star Notification Company at 1-800-669-8344, and the Southwestern Bell Locate Group at 1- 800-828-5127. For the Contractor's convenience, the following telephone numbers are li listed. 1: City Engineer 361-826-3500 Project Manager 361-826-3550, 826-3594 Traffic Engineering 880-3540 Police Department 882-1911 Water Department 857-1881 (880-3140 after hours) Wastewater Department 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 P 1-877-373-4058 (693-9444 after hours) S B C 881-2511 (1-800-824-4424,after hours) City Street Div. for Traffic 1: Signal/Fiber Optic Locate 826-1946 857-1960 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624) KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512-935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 I IL Section A-SP (revised 12/15/04) Page 3 of 22 L A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed . It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. I/ Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc. ) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. provide a minimum of inconvenience to motorists and thc public. adverse impact on thc accessibility of thc museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document arc available - -_- _ - - -_- 'diary; therefore, no direct payment I/ will be made to Contractor 1/ The Contractor shall keep the adjoining streets free of tracked and/or spilled materials must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the cnd of the work day or more frequently, if necessary, to prevent material from washing into thc storm sewer system. No visible I or adjoining streets. f Section A-SP I (revised 12/15/04) Page 4 of 22 I 1 I: The excavated areas bchind curbs and adjacent to sidewalks and-driveways-must bc-filled zzzz 1: debris, calichc, asphalt, concrctc and any other material that dctracts from its appearance or hampers thc growth of grass. All existing concrctc and asphalt within thc limits of thc Project must be removed unless otherwise noted. E All necessary removals including but not limited to pipe, driveways, sidewalks, etc. , " -- _If direct payment will be made to Contractor. . . 5 . -_,... --._rm_--,._:_r_m. . -air:ti._-__mrA.7. ..- - ' e - --5 Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted 1: material becomes the property of thc Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. E I: The Contractor must furnish the City Engineer-or his representative-with-a field-office- at the construction site. The field office must contain at least 120 square feet of useable space. The field office must .- - - - . z--z . -z with an inclined table that measurco at 1 act 30" x 60" and two (2) chairs. The his representative The field office must be furnished with a telephone (with 24 hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. A-18 Schedule and Sequence of Construction 1: The Contractor shall submit to the City Engineer a work plan based only on CALENDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. 1; The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 1: - 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. I: 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. I: A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, I: measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by IC: the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. E Section A-SP (revised 12/15/04) Page 5 of 22 I: I If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever rcaeon, it is necessary to dcviatc from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or I/ Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Enginccr, the required deviation would nccecoitatc a revision to the drawings, the Contractor shall provide supporting mcaeurcments as required for the City or Consultant Project Enginccr to revise the drawings. The Contractor shall tic in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholcc at the completion of the paving proccec. Also, the City or Consultant Project Enginccr may require that the I/ Contractor furnish a maximum of two (2) personnel for the purpose of assisting the mcacuring of the completed work. The Contractor shall provide the following ccrtifictiation for documentation and I compliance certification shall be provided and prepared by a Third Party independent Registered Profcccional Land Survey (R.P.L.S. ) licensed in the otatc of Texas retained and paid by the Contractor. The Third arty R.P.L.S. shall be approved by the City prior compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: - All curb returns at point of tangency/point of circumference - Curb and gutter flow line both cidco of street on a 200' interval; Street crowns on a 200' interval and at all intersections. Wastcwatcr: - All rim/invert cicvationc at manholcc; - All intcrcccting lines in manholcc; - Casing cicvationc (top of pipe and flow line) (TXDOT and RR permits) . Water: - All top of valves box; - Valvcc vaults rim; • _= _ a'_- - -a -- ee - _ •• I Stormwatcr: - All rim/invert cicvationc at manholcc; 1/ - All intcrcccting linco in manholcc; A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. Section A-SP I (revised 12/15/04) Page 6 of 22 I I: A-21 Project s I: Thc Contractor must furnish and install 1 Project signs as indicated on thc following drawings. (Attachment IV) Thc signs must bc installed bcforc construction begins and will bc maintained throughout thc Project period by thc Contractor. The location of thc signs will be determined in the field by thc City Enginccr. 1: A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy E 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 I: Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, I: 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. 1: c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively 1: manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned I: (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. [Ir (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 1: minority person(s) . 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 1: 51.0% or more of the' total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary I: distribution paid by the business enterprise. SectionA-SP (revised 12/15/04) Page 7 of 22 I I d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise : A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51. 0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50. 0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation(Percent) 451 15% b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. /I i Section A-SP 1 (revised 12/15/04) Page 8 of 22 I 1: A-23 Inspection Required (Revised 7/5/00) P 4u The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. al A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follow L "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent 1: (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 Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100, 000 the bond must be executed by a Surety company that is certified by the United 1; States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100, 000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above 1: requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued. " 6=2,E=%-litaliame-i&Lt--(No-T--usED3-- Section B , e i-e . - _ •rviefl, is delete i its entirety and thc following substituted in lieu thereof. I: Administration of Title 34, Public Financc of thc Texas Administrative Codc, or such of Texas. If the Contractor elects to operate undcr a separated contract, he shall: Obtain thc necessary sales tax permits from thc State Comptroller. thc Project. Provide resale certificates to suppliers. Provide thc City with copies of material invoices to substantiate thc proposal [: value of materials. Section A-SP (revised 12/15/04) Page 9 of 22 l If the Contractor does not elect to operate undcr a separated contract, he must pay for all Sales, Excise, and Use Taxes applicable to this Project. Subcontractors arc eligible for sales tax exemptions if the subcontractor also complies with the above requirements. The Contractor must issue a resale certificate to the subcontractor and the subcontractor, in turn, issues a resale certificate to his supplier. A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi I/ Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B 6 11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: I Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. •z= " ��_�:-_-s-�= - - = B 6 11 of the Central Provisions is amended to include: I Section A-SP I (revised 12/15/04) Page 10 of 22 I I: I: thc Project or work. Builder's Ri3k or In3tallation Floater coverage must bc an n. n = - -_- City must bc named additional insured on any policies providing such insurance covcragc. To allow thc City Enginccr to dctcrminc that thc biddcr is able to perform its obligations undcr thc proposed contract, thcn prior to award, thc City Engineer may I: 1' preceding two (2) years The biddcr shall spccify thc name and address of thc party holding thc lien, thc amount of thc lien, thc basis for thc lien claim, and thc date of thc release of thc lice. If any such lien has not bccn released, thc I: biddcr shall state why thc claim has not bccn paid; and Whcthcr there arc any outstanding unpaid claims against biddcr for services or materials supplied which relate to any of its projects begun within thc preceding i'l z . -. . -. - z zz- -. -- - . -. - , __ not bccn paid. I: , z' zz- -. . . -z z- -z. ' -z z .zz . -z- ' -- -- - statement, prepared no later than ninety (90) days prior to thc City Enginccr'o request, I: all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, hi superintendents and foremen who are careful and competent and acceptable to the City Engineer. 1: The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this I: Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City C: contract close-out procedures The superintendent shall be present, on the job site, at all times that work is being performed L 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. I: 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 I: superintendent assuming responsibilities on the Project. Section A-SP (revised 12/15/04) Page 11 of 22 I: I 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. _air _� U nder General Provisions and Requirements for Municipal Construction Contracts" Scction B 3-1 Consideration of Contract add the following text:__ - - - - - -- - --- the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: I/ A list of the major components of the work; A list of the products to be incorporated into the Project; 4- A schcdulc of values which specifics estimates of the cost for each major component of the work; -- - -- _ -o -_= sacs o-f MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifi ations by federal agencies or signed affidavits from the MBE firms, that ouch MBE firms meet the guidelines contained herein. Similar substantiation will be rcquircd if the Contractor i.. an MBE. If the responses do not cl arly show that MBE participation will meet the the City Enginccr, that a good faith effort has, in fact, bccn made to meet said -_. - -- _. -- meeting s}rch requir-e c&ts rs ee-t r-- -=--_ { A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Enginccr of all of its subcontractors prior to beginning work on the Project. If the City Enginccr does not approve all proposed subcontractors, it may rescind the Contract award. substituted for or replaced during the term of the Contract, then the City prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. q, • _ - _ _ __ - -- _ -- -- _ __ - s schedule must be submitted to the City 4, Documentation rcquircd pursuant to the Special Provisions A 28 and A 29 concerning Administration Staff. Section A-SP 1 (revised 12/15/04) Page 12 of 22 1: Documcntation as rcquircd by Special Provision A 35-K, if appli able. 10. Within five (5) day3 following bid opening, Submit in letter form, information E identifying type of entity and State, i.e. , Tcxa3 (or othcr 3tate) Corporation or contract3 on behalf of Said entity. I: A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 1: Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: I: 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. I: A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: (; The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. I: 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. I: A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the 1: completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is rcmindcd to attend the rrc I: A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda ti‘p 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 1: 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 I: Supplemental Special Provisions (if applicable) , construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. I: I • Section A-SP (revised 12/15/04) Page 13 of 22 ( Visitor/Contractor Orientation Prior to performing work at any City water facility, thc Contractor, his valid card ccrtifying thcir prior attendance at a Visitor/Contractor Safcty Oricntation Program condu- -o z , -- ' . - e-=. ••-- Personnel. A Visitor/Contractor Safety Oricntation Program will be offered by authorizcd City Water Department personncl for thosc persons who do not have such a card, and who desire to perform any work within any City water facility. For additional information refer to Attachment 1, E, Qzlel &fthizat4±t& The Contractor shall not start, operate, or atop any pump, motor, valve, equipment, Switch, breaker, control, or any other item related to City operator or other authorized maintenance employee of the City Water Dcpartmcnt. G, S2D :tML=f21174;lai&It The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Dcpartmcnt to protect the quality of the water. Conformity Li. NSI/NSF St.....i_...._7 C1 i All materials and equipment used in the repair, r assembly, transportation, reinstallation, and inspection of pumps, or any other American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. immediately—prio se. The Contractor shall provide the Dnginccr with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into contact with potable water. ..i ..F Trash All trash generated by the Contractor or his employees, agents, or she. Blowing trash will not be allowed. The Contractor shall keep - • _ • •ClEigETSEGTzESIIIEZTzffi • - -- =• 1/ Contractor's -perso el mist wear colored uniform overalls other than orange, blue, er white. Each employee uniform must provide company name Contractor shall provide telephones for Contractor personnel. Plant Working hours will be 7:00 A.M. to 5:00 P.M. , Monday thru Friday. Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilities. Section A-SP g (revised 12/15/04) Page 14 of 22 I t: 4, All Contractor vchicics must bc parked at designated sitc, as dcsignatcd by City Water Dcpartmcnt staff. All Contractor vchicics must bc cicarly I: labeled with company namc. No privatc cmploycc vchicics are allowed at 0. N. Stevcns Watcr Trcatmcnt Plant. All personncl must bc in company vchicics. During working hours, contractor employees must not 1 avc thc 1: for rcquircd work or as dircctcd by City Watcr Dcpartmcnt personncl during emergency cvacuation. r10 -14, o- o e-- ' =' -- ._ e,. .e_ ' . : 2' • ' e. Any work to thc computcr bascd monitoring and control systcm must bc I: performcd only by qualified technical and supervisory personncl, as dctcrmincd by meeting thc qualifi ations 1 thru 9 below. This work includes, but is not limited to, modifications, additions, changes, t selections, furnishing, installing, connecting, programming, customizing, debugging, calibrating, or placing in operation all The Contractor or his subcontractor proposing to perform the SCADA work L. must bc able to demonstrate the following: 4-- He is regularly engaged in the computcr based monitoring and control system business, preferably as applied to the municipal ill water and wastewater industry. 4. He has performcd work on systems of comparable size, type, and complexity as required in this Contract on at 1 ast three prior projects. 3r.- He has been actively engaged in the type of work specified herein for at least 5 years. 4. He employs a Registered Professional Engineer, a Control Systems Engineer, or an Electrieal Enginccr to supervise or perform the work required by this specifications. - -_- -- - - . _ -- _ -- . - -.--- _ . I: completed a manufacturer's training cei-rsc in implementing the specific computers, RTUS's, and software proposed for the Contract. I: 4., He maintains a permanent, fully staffed and equipped service facility within 400 miles of the Project site to maintain, l cafluirbnriath ee qaunid p mprnot grwahm i ch he s sythte empr odpu ioif ed o nhe erein. l'I . rifee pashr,l manufacturer to the maximum practical extent. Whcrc this is not practical, all equipment of a given type will be the product of 1: one manufacturer. Prior performance at the 0. N. Stevens Water Treatment Plant will be used in evaluating which Contractor or subcontractor 1: programs the new work for this Project. s}- The Contractor shall produce all filled out programming blocks required to show the programming as needed and required, to add I: . . .... __ . , requires to be filled in and given to the City Enginccr with all changes made during the programming phase. The attached sheet is an example and is not intended to show all of the required sheets. The Contractor will provide all programming_ blocks used. rrr Section A-SP (revised 12/15/04) Page 15 of 22 1: Trenchin g Requirements uircmcnts All trcnching for this project at the O. N. Stevens Water Treatment Plant shall be performed using a backhoc or hand-digging due to the number of existing underground obstructions. No trcnching machines shall be allowed on the project. A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: I a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. Rcproduciblcs: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s) , and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. I/ 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. I/ 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. 1 Resubmittals: Contractor must revise and resubmit submittals as required I/ 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 1/ suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. Section A-SP I (revised 12/15/04) Page 16 of 22 I 1; . Undcr "Ccncral Provisions and Requirements for Municipal Construction Contracts", B 6 t 15 Arrangement and Charge for Water Furnished by thc City, add thc following: "The Contractor must comply with thc City of Corpus Christi's Water Conservation 1: _ . , and Drought Contingency Plan as amcndcd (thc "Plan") . This includes_implementing Engineer will provide a copy of thc Plan to Contractor at thc prc construction meeting. The Contractor will kccp a copy of the Plan on thc Project site 1: throughout construction. " A-38 Worker's Compensation Coverage for Building or Construction Projects for Government I: Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. I: A-39 Certificate of Occupancy and Final The issuance of a certificate of occupancy for improvements does not constitute final I': acceptance of the improvements under General Provision B-8-9. A-40 Amendment to Section B-8-6: Partial Estimates L General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- I: 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. t Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor as a work day and the Contractor will be compensated at the unit price indicated in the 1: proposal. A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: 1; The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or 1: 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, 1: materialman, or their officials, employees, agents, or consultants. Section A-SP (revised 12/15/04) Page 17 of 22 is I The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the I engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc. ) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. 1/ (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. = - -- - it permissible limits for discharge into wetlands or environmentally sensitive ar as. These arc regulated by numerous agencies such as TNRCC, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the- - -- disposal of all water used in the project. Thc methods of disposal _hall be submitted to water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. =iv= ee e -- -e all existing pipelines of the project that cross within 20 feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. - - --- a maximum of 300 fcct O.C. and Contractor shall survey the accurate horizontal and Section A-SP I (revised 12/15/04) Page 18 of 22 I I: Contractor shall then prepare a report and submi I: the Owner of pipelines cx avated and surveyed, as well as the approximate st at o.. thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Engineer and until Contractor rcccivcs Engineer's approval of rcport. Exploratory CH ovations shall be paid for on a lump sum basis. Any pavement repair until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A-48 Overhead Electrical Wires (7/5/00) 1: 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 I; of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction L schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) I: Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit L the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity. " A-50 Amended Prosecution and Progress I: 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, 1: 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 1! change order to the contract. " T c1 El ee E_....i a Sub.m tt l e f Di.is 1: The following paragraph modifies Paragraph B 2 7 Preparation of Proposal, of the Ccncral Provisions: 1: The bidder has the option of subm' - -z-z. - - _ _- , _ , -- Proposal (SHEETS: 1 THRU 13 OF 13) , INCLUSIVE. The print out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheeta (3 THRU 10 OF 13) . If the Contractor chooses to submit a print out, the print out shall be I: accompanied by properly completed proposal pages 1, 2, 11, 12, and 13. A " samplatOOM Alt-SP out is shown in Attachment 1. (revised 12/15/04) Page 19 of 22 1: In addition, thc print out will contain thc following statement and si nature after thc p g g , last bid item: (Contractor) herewith certifies that the unit prices shown on this print out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no other Information from this print out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) I (Title) (Date) " A-52 Value Engineering The Contractor's attention is directed to paragraph B-4-5 Value Engineering Incentive Procedures, of the General Provisions, which states: "After award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP'S) identify potential reductions in the contract cost by effective changes to the contract plans and specifications." Therefore, the Contractor shall fully examine the plans, specifications and contract documents, as well as, the project location, construction phase schedule in Appendix C, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major items involved in the scope of the project to judge for itself the circumstances and difficulties I/ affecting the work to be performed and obtain all information required to make an intelligent proposal. The Contractor's attention is further directed to paragraph B-2-3 Examination of Plans, Specifications and Site of the Work, of the General Provisions. In other words, the Contractor shall complete it' s proposal to the best of it's ability, as currently provided. _tro Contractor shall take r osonable measures to prevent unnecessary dust. Earth surfaces -_ -- _ _-- oist with water or applications of a chemical dust to prevent blowing dust. I/ I/-54 �ewaezae _ n enters an excavation can be pumped out as long as care is taken to minimize solids ate-- 11 flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to anarca whore ponding occurs-- - the storm water system. Sheet flow and ponding is to allow solids screening and or to entering a stem water conduit or inlet. Section A-SP (revised 12/15/04) Page 20 of 22 I E Storm water or groundwater shall not bc discharged to private property w=�* t— I; performed by City, at thc City' s cost, prior to commencing dischargc and shall bc retested by the City, at thc City' s cxpcnsc, a minimum of oncc a wcck. The Contractor ar a of construction is startcd. I: A -.1., -- ::: * q..- : ;... ' .s..s. . : ; r... -: – - : . -- -4:- - - 4.- . .s.. : ' -- .:-.- .1...-: ' -: .4.. trucking to a sanitary sewer oystcm or wastcwatcr plant, thc costs for these operations I: __ - _ I: Prior to pumping groundwater from thc trench to the s rita- y-s-c .-- -- "no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Croundwatcr flow can be estimated by boring a hole or excavating a _ record how long it takes to fill to original level and overnight level. I: I; 1: I: I: 1: LI I Section A-SP (revised 12/15/04) Page 21 of 22 L SUBMITTAL TRANSMITTAL FORM II PROJECT: Central Library ADA Ramp & Elevator IIOWNER: CITY OF CORPUS CHRISTI, TEXAS ENGINEER: BARCOM COMMERCIAL, INC. II CONTRACTOR: BARCOM COMMERCIAL, INC. SUBMITTAL DATE: - SUBMITTAL NUMBER: - 11 APPLICABLE SPECIFICATION II OF DRAWING SUBMITTAL II I a I I/ 11 II 11 I/ II II I Section A-SP I (revised 12/15/04) Page 22 of 22 I � PART B GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS liSECTION B I: GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS Table of Contents I: PAGE B-1 Definitions and Abbreviations B-1-1 Definition of Terms 1 II: B-1-2 Abbreviations 3 B-2 Proposal Requirements and Conditions B-2-1 Proposal Forms 4 li B-2-2 Quantities in Proposal Forms 4 B-2-3 Examination of Plans, Specifications, and Site of the Work4 B-2-4 Forms, Plans and Specifications 4 B-2-5 Addenda 4 B-2-6 Pre-Bid Conference 5 I! B-2-7 Preparation of Proposal 5 B-2-8 Proposal Guaranty 5 B-2-9 Filing of Proposal 5 0. B-2-10 Withdrawing Proposals 5 B-2-11 Cancellation of Bid Opening 6 B-2-12 Opening Proposals 6 B-2-13 Irregular Proposals 6 I: B-2-14 Rejection of Proposals 6 B-2-15 Disqualification of Bidders 6 B-2-16 Disclosure of Interests 6 I: B-3 Award and Execution of Contract B-3-1 Consideration of Contract 7 B-3-2 Award of Contract 7 B-3-3 Equal Opportunity Employer Provisions 7 B-3-4 Surety Bonds 8 B-3-5 Execution of Contract 8 B-3-6 Failure to Execute Contract 8 I: B-4 Scope of Work B-4-1 Intent of Plans and Specifications 9 B-4-2 Subsidiary Work 9 B-4-3 Increased or Decreased Quantities of Work 9 B-4-4 Alteration of Plans and Specifications 10 B-4-5 Value Engineering Incentive Procedures 10 B-4-6 Extra Work 11 B-5 Control of the Work and Materials B-5-1 Authority of the City Engineer 11 B-5-2 Authority of Duty of Engineers or Inspectors 11 I: B-5-3 Conformity with Plans 11 B-5-4 Existing Structures 11 B-5-5 Coordination of Plans, Specifications, Proposal I: & Special Provision 12 B-5-6 Cooperation of Contractor 12 B-5-7 Construction Staking 12 B-5-8 Source of Supply of Materials 13 1: B-5-9 Samples and Tests of Materials 13 B-5-10 "Or Equal" Clause 13 B-5-11 Storage of Materials 13 B-5-12 Removal of Defective and Unauthorized Work 13 B-5-13 Final Inspection 14 B-5-14 Warranty Inspection 14 TABLE OF CONTENTS/PAGE 1 OF 2 L (rev. Nov/94) I: I B-6 Legal Relations and Public Responsibility B-6-1 Laws to be Observed 14 B-6-2 Permits and Licenses 14 B-6-3 Patented Devices, Materials and Processes 15 B-6-4 Sanitary Provisions 15 B-6-5 Public Conveniences and Safety 15 B-6-6 Privileges of contractor in Streets, Alleys and Right-of-Way16 B-6-7 Railway Crossings 16 B-6-8 Traffic Control Devices 16 B-6-9 Use of Explosives 16 B-6-10 Protection and Restoration of Property 16 B-6-11 Responsibility for Damage Claims 17 B-6-12 Contractor's Claim for Damages 19 B-6-13 Public Utilities and Other Property to be Changed 19 B-6-14 Temporary Sewer and Drain Connections 19 B-6-15 Arrangement and Charge for Water Furnished by the City 19 B-6-16 Use of fire Hydrants 19 I/ B-6-17 Use of a Section or Portion of the Work 19 B-6-18 Separate Contracts 20 B-6-19 Contractor's Responsibility for the Work 20 B-6-20 No Waiver of Legal Right 20 B-6-21 Indemnification and Hold Harmless 20 B-6-22 Tax Exemption Provisions 20 B-7 Prosecution and Progress B-7-1 Subletting the Work 21 B-7-2 Assignment of Contract 21 B-7-3 Prosecution of the Work 21 B-7-4 Limitation of Operations 22 B-7-5 Character of Workmen and Equipment 22 B-7-6 Working Hours 22 B-7-7 Time of Commencement and Completion 22 B-7-8 Extension of Time of Completion 22 B-7-9 Computation of Contract Time for Completion 23 B-7-10 Failure to complete on Time 23 B-7-11 Suspension by court Order 23 B-7-12 Temporary Suspension 23 B-7-13 Suspension of Work and Annulment of Contract 24 B-7-14 Termination of Contract 25 I/ B-7-15 No Intent to Benefit Third Parties B-8 Measurement and Payment B-8-1 Measurement of Quantities 25 B-8-2 Unit Price 25 B-8-3 Scope of Payment 25 B-8-4 Payment for Extra Work 26 B-8-5 Policy of Extra Work and Change Orders 26 B-8-6 Partial Estimates 27 B-8-7 Withholding Payment 27 B-8-8 Final Cleanup 27 B-8-9 Final Acceptance 28 B-8-10 Final Payment 28 B-8-11 Maintenance Guaranty 28 I TABLE OF CONTENTS/PAGE 2 OF 2 1 1 (rev. Nov/94) I C SECTION B GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS CITY OF CORPUS CHRISTI, TEXAS B-1 DEFINITIONS AND ABBREVIATIONS: B-1-1 Definition of Terms: Wherever the words, forms or phrases defined herein or pronouns used in their place occur in these specifications, in the contract, in the bonds, in the advertisement or any other documents or instrument herein contemplated, or to which these specifications apply or may apply, the intent and meaning shall be interpreted as follows: Advertisement: All of the legal publications pertaining to the work contemplated or under contract. Bidder: Any person, persons, partnership, company, firm, .association, corporation, or joint venture acting directly or through a duly authorized representative submitting a proposal for work contemplated. City: The City of Corpus Christi, Texas, a municipal corporation, acting by and through (a) its governing body or (b) its City Manager, each of whom is required by Charter to perform specific duties. Responsibility for final enforcement of contracts involving the City of Corpus Christi is, by Charter, vested in the City Manager. City Attorney: The City Attorney of the City of Corpus Christi, Texas, or duly authorized assistants or agents. City Council: The Council of the City of Corpus Christi, Texas. City Engineer: The Head of the Department of Engineering Services of the City of Corpus Christi, Texas. City Manager: The Manager of the City of Corpus Christi, Texas. City Secretary: The City Secretary of the City of Corpus Christi, Texas, or duly authorized assistants or agents. Contract: The written agreement covering the performance of the work. The contract includes the advertisement; proposal; specifications, including special provisions; plans or working drawings; any supplemental changes or agreements pertaining to the work or materials therefor, and bonds. Contract Time: The number of calendar days or working days allowed for completion of the contract, including any authorized time extensions. (a) Calendar Day: A calendar day is defined as any day shown on the calendar beginning and ending at midnight. (b) Working Day: a working day is defined as a calendar day, not including Sundays or legal holidays, in which the weather or other conditions affecting the site, not under the control of the Contractor, will in the judgement of the Engineer permit the performance of some substantial unit of work for a substantially continuous period of time of not less than six (6) hours between 7 a.m. and 6 p.m. , or during such other hours of the day as the Contractor does in fact work with the permission of the Engineer as elsewhere provided. C (rev. Nov/94) PAGE 1 OF 28 11 Each calendar day, not including Sundays or legal holidays, in which the Contractor carries on work on some unit of the contract for a period of more than six (6) hours shall be charged as one (1) working day, regardless of the number of hours worked in excess of the (6) hour minimum. Saturday will not be charged as a working day unless work of any type requiring the presence of the Engineer is in fact carried on for any period of time during the day. On Sundays and legal holidays on which, by previous written permission of the Engineer as elsewhere provided, the Contractor works as much as four hours on some unit of the contract, two working days shall be charged. If, under such permission, work is commenced but proceeds less than four hours, one working day shall be charged. In the determination of the hours above, no deduction shall be made for lunch time taken. Contractor: The person, persons, partnership, company, firm, association, corporation, or joint venture entering into contract for the execution of the work, acting directly or through a duly authorized representative. Engineer: Assistants, agents, engineers, inspectors, or superintendents duly authorized by the City Engineer and acting within the scope of the particular duties entrusted to them. General Provisions: This Section B of the specifications. Holidays: The terms regular holidays and legal holidays, for the purposes of charging, working days, control of working days and hours, and wages of employees, shall include the following: January 1 (New Year's Day) July 4 (Independence Day) Thanksgiving Days Memorial Day Labor Day Christmas Day Maintenance Guaranty: The approved form of security furnished by the Contractor and his surety as a guarantee that he will maintain the work constructed by him in good condition for the period of time required. This shall be in accordance with the provisions of the specifications and may be made a part of the Performance Bond. Payment Bond: The approved form of security furnished by the contractor and his surety for the use and benefit of the City as a guarantee for the protection of all claimants supplying labor and/or material in the prosecution of the work provided for in this contract. Performance Bond: The approved form of security furnished by the contractor and his surety for the use and benefit of the City as a guarantee of good faith on the part of the Contractor to execute the work in strict accordance with the plans, specifications, and terms of the contract, and that the Contractor will maintain the work constructed by him in good condition for the period of one year or such other period of time as may be specially provided. Plan or Plans: All the drawings pertaining to the contract and made a part thereof, including such supplemental drawings or addenda as the City Engineer may issue in order to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized, or for showing details not shown thereon. Proposal: The written statement or statements duly filed with the City Secretary of the person, persons, partnership, company, firm, association, corporation, or joint venture proposing to do the work contemplated, including the approved form on which the formal bids for the work are to be prepared. Proposal Guaranty: The bid security designated in the advertisement and proposal to be furnished by each bidder as a guarantee of good faith to enter into a contract with the City and execute the required bonds for the work contemplated after the work is awarded him. (rev. Nov/94) PAGE 2 OF 28 I I: Special Provisions: The special clauses setting forth conditions or requirements peculiar to the specific project involved, supplementing the standard specifications, and taking precedence over any conditions or requirements of the standard specifications with which they are in conflict. E Specifications: The directions, provisions, and requirements contained herein, together with the special provisions supplemental hereto, pertaining to the method and manner of performing the work or to the qualities or quantities of the material to be furnished under the contract. IISureties: The corporate bodies which are bound by such bonds as are required with and for the Contractor. C The Work: All work, including the furnishing of labor, materials, tools, equipment, and incidentals, to be performed by the Contractor under the terms of the contract. B-1-2 Abbreviations: Wherever the abbreviations defined herein occur on the plans, in the specifications, contract, bonds, advertisement, proposal, or in any other IE document or instrument herein contemplated or to which the specifications apply or may apply, the intent and meaning shall be as follows: A.A.S.H.T.O American Association of State H.S. Horseshoe Highway and Transportation In. or Inches I: Officials Lb. or # Pound Ac. Acre L.F. Linear Foot A.C. Asbestos Cement Lin. Linear A.C.I. American Concrete Institute L.S. Lump Sum I: A.N.S.I. American National Standards Max. Maximum Asph. Institute M.H. Manhole A.S.T.M. Asphalt Min. Minimum Ave. American Society for Testing Mono. Monolithic A.W.P.A. Materials M.U.T.C.D. Manual of Uniform A.W.S. Avenue Traffic Control A.W.W.A. American Wood Preservers Devices Blvd. Association N. North C.F. American Welding Society No. Number C.I. American Water Works % Percent C.L. Association P.L. Property Line C.M.P. Boulevard Prop. Proposed or Property C.O. Cubic Foot P.V.C. Poly Vinyl Chloride Conc. Cast Iron R. Radius Cond. Center Line R.C.P. Reinforced Concrete I: Corr. Corrugated Metal Pipe Reinf. Pipe C.P.& L. Cleanout Rem. Reinforced Cu. Concrete Rep. Remove Culv. Conduit R.R. Replace C.Y. Corrugated R/W or ROW Railroad D.I. Central Power & Light Company S. Right-of-Way Dia. Cubic San. South Dr. or Dwy Culvert S.F. Sanitary E. Cubic Yard Sq. Square Foot Ea. Ductile Iron St. Square Elev. Diameter Std. Street or Storm Exist. Drive or Driveway S.Y. Standard F. East T.C. Square yard F.L. Each Tel. Top of Curb Ft. or Elevation V.F. Telephone Gal. Existing W. Vertical Foot G.L. Fahrenheit W.U.T. West G.P.M. Flow Line Yd. Western Union II H.N.G. Feet Telegraph Gallon Yard Gutter Line Gallons per Minute Houston Natural Gas Co. I: Metrics: cm Centimeter m Meter gm Gram mgm Milligram I: kgm Kilogram mm Millimeter km Kilometer (rev. Nov/94) PAGE 3 OF 28 B I Other abbreviations that may appear shall have the meaning customarily intended in such usage, circumstances, and context. B-2 PROPOSAL REQUIREMENTS AND CONDITIONS: B-2-1 Proposal Form: The City will furnish bidders with proposal forms which state the general location and description of the contemplated work, and which will contain an itemized list of items of work to be done or materials to be furnished, and upon which bid prices are asked. The proposal form will provide for the amount of proposal guaranty, the contract time, and the acknowledgement of addenda received. B-2-2 Quantities in Proposal Form: The quantities of the work and materials set forth in the proposal form or on the plans approximately represent the work to be performed and materials to be furnished and are for the purpose of comparing the bids on a uniform basis. Payment will be made by the City to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications, and it is understood that the quantities may be increased or decreased as hereinafter provided without in any way invalidating the bid price. B-2-3 Examination of Plans, Specifications, and Site of the Work: Bidders are advised that the plans and specifications and other documents on file with the City Engineer shall constitute all of the information which the City will furnish. Bidders are required, prior to submitting any proposal, to read the specifications, proposal, contract, and bond forms carefully; to visit the site of the work; to examine carefully local conditions, soil and water conditions to be encountered, improvements to be protected, disposal sites for surplus materials not designated to be salvaged materials, methods of providing ingress or egress to private properties, and methods of handling traffic; to inform themselves, by their independent research, tests, and investigation, of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work or time required for its completion; and obtain all information required to make an intelligent proposal. No information given by the City or any official thereof, other than that shown on the plans and contained in the specifications, proposal, and other documents, shall be binding upon the City. Bidders shall rely exclusively upon their own estimates, investigations, tests, and other data which are necessary for full and complete information upon which the proposal may be based. It is mutually agreed that submission of a proposal is evidence that the bidder has made the examinations, investigations, and tests required herein. B-2-4 Forms, Plans and Specifications: Unless otherwise specified in the Notice to Bidders and Special Provisions, forms of proposal, contract and bonds and plans and specifications may be obtained at the offices of the City Engineer in the City Hall upon making a Plans Deposit as designated, which sum so deposited will be refunded provided the prospective bidder returns all documents, except proposal form if bidding, to the offices of the City Engineer within two (2) weeks from and after the time and date of receiving proposals. If the prospective bidder does not comply with this requirement, the sum of the Plans Deposit shall become the property of the City of Corpus Christi, Texas. B-2-5 Addenda: Addenda to the plans and specifications, which are formal written notices of additions, deletions, modifications, or explanations of contract documents from the City to prospective bidders in advance of the bid date, may be issued by the (rev. Nov/94) PAGE 4 OF 28 I I: City Engineer. Such addenda will be mailed immediately to the address designated by prospective bidders taking out plans, specifications, and proposal forms. I: B-2-6 Pre-Bid Conference: Any prospective bidder may request a pre-bid conference to discuss the plans, ll specifications, and proposal. If such a conference is requested, it will be held approximately one week prior to the bid opening. Each prospective bidder who has furnished the Plans Deposit required by the Notice to Bidders will be notified of I: the date, time, and location of the pre-bid conference. Any clarification to the contract documents deemed necessary as a result of the pre-bid conference will be made by written addenda. B-2-7 Preparation of Proposal: The bidder shall submit his proposal on the forms furnished by the City. All blank spaces in the forms shall be correctly filled in, and the bidder shall I: state the prices, written in ink, for which he proposes to do the work contemplated or furnish the material required; the unit prices shall be written both in words and numerals. Such prices shall be written distinctly legible. In case of discrepancy between the unit price written in words and the unit price written in figures, the unit price written in words shall govern. The unit price shall govern over the amount. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association, or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business I: address must be given and the proposal signed by an official or duly authorized agent. Proposals submitted by a joint venture shall list all participants and their addresses. Powers of attorney, authorizing agents or others to sign proposals, must be properly certified and must be in writing and submitted with I: the proposal. B-2-8 Proposal Guaranty: I: No proposal will be considered unless accompanied by an individual bid security (bond) for the project in the amount of five percent (5%) of the highest amount bid. Such bid security shall be issued by a firm licensed for issuance in the State of Texas. A cashier's check, certified check, money order, or bank draft I: from any state or national bank will also be acceptable. The security shall be deemed a good faith offer on the part of the bidder to accept a contract, if awarded. In the event the successful bidder declines to accept such award or cannot provide the required bonds and insurance certificates within ten (10) I: calendar days of the award of the contract, then the amount of the bid security will become the property of the City, not as penalty but as liquidated damages. The bid securities of the unsuccessful bidders may be released within forty- eight (48) hours of the time bids are received. The bid security of the successful bidder will be released upon execution of the contract documents and submission of the required bonds and certificates. I: B-2-9 Filing of Proposal: No proposal will be considered unless it is filed with the City Secretary's I: office in the City Hall, Corpus Christi, Texas, within the time limit for receiving proposals as stated in the advertisement. Each proposal shall be in a sealed envelope, plainly marked with the word "PROPOSAL" and the name and description of the project as designated in the "ADVERTISEMENT". EB-2-10 Withdrawing Proposals: Proposals filed with the City Secretary cannot be withdrawn or modified prior I: to the time set for opening proposals. Request for non-consideration of (rev. Nov/94) PAGE 5 OF 28 C proposals must be made in writing addressed to the City Engineer and filed with the City Secretary prior to the time set opening proposals. After other proposals are opened and publicly read, the proposal for which withdrawal is properly requested may be returned unopened. B-2-11 Cancellation of Bid Opening: The City may, at any time, before any bids are actually opened, cancel the opening of the bids and return all bids unopened. B-2-12 Opening Proposals: I The proposals filed with the City Secretary will be opened at the time stated in the advertisement and publicly read aloud and shall thereafter remain on file with the City. No contract will be entered into based upon such proposals until after forty-eight (48) hours shall have elapsed. Proposals not accompanied by the required proposal guaranty will not be read. B-2-13 Irregular Proposals: Proposals will be considered irregular if they show any omissions, failure to properly account for duly issued addenda, alterations of form, additions, conditions not called for, unauthorized alternate bids or irregularities or qualifications of any kind. However, the City reserves the right to waive any irregularities and to make the award in the best interest of the City. B-2-14 Rejection of Proposals: The City reserves the right to reject any or all proposals, and all proposals submitted are subject to this reservation. Proposals containing any irregularities or showing an unbalanced value of any items may be rejected. Proposals will be rejected for any of the following specific reasons: (a) Proposal received after the time limit for receiving proposals as stated in the advertisement. (b) Proposal submitted without the required bid security. (c) Proposal submitted and not sealed and/or identifiable to a particular project. B-2-15 Disqualification of Bidders: Bidders may be disqualified and their proposals not considered for any of the following specific reasons: (a) Reason for believing collusion exists among the bidders. (b) Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated. (c) The bidder being interested in any litigation against the City. (d) The bidder being in arrears on any existing contract, having defaulted on previous contracts, or being delinquent in the payment of City taxes. (e) Uncompleted work which, in the judgment of the City, will prevent or hinder the prompt completion of additional work if awarded. (f) Previous experience investigation reveals poor, incomplete, unacceptable, or inferior work performance and prosecution and lack of fiscal responsibility in paying for services, labor, or products rendered on such previous work. (rev. Nov/94) PAGE 6 OF 28 11 C B-2-16 Disclosure of Interests: All entities desiring to do business with the City of Corpus Christi are required to provide a Disclosure of Interests. The required form is included as a part of the proposal. Prospective bidders may submit the form with their proposal. The successful bidder shall be required to submit the form within seven (7) calendar days of the receipt of bids. The City also reserves the right to require similar statements from all material suppliers and subcontractors of the successful bidder. B-3 AWARD AND EXECUTION OF CONTRACT: B-3-1 Consideration of Contract: 1: After proposals are opened, the proposals will be tabulated for comparison on the basis of the bid prices and quantities shown in the proposal. Until final award of the contract, the City reserves the right to reject any or all proposals or proceed to do the work otherwise in the best interest of the City. B-3-2 Award of Contract: The City reserves the right to withhold the award of the contract for a reasonable period of time from date of opening proposals, and no award will be made until after investigations are made as to the responsibilities of the low bidder. In the City's considering of an award, the bidder may be requested to submit statements regarding previous experience in performing comparable or similar work, his business or technical organization and equipment to help the City evaluate the bidder's abilities. The basis for an award will be determined by the lowest responsible bidder (Article 2368a VATS) deemed most advantageous to the City and not necessarily the lowest bidder. In no case will a contract be awarded until at least forty-eight (48) hours shall have elapsed from the time of opening proposals. B-3-3 Equal Opportunity Employer Provisions: Every Contractor must agree that during the performance of his contract he will: (1) Treat all applicants and employees without discrimination as to race, color, religion, sex, or national origin. I! (2) Identify himself as an equal opportunity employer in all help wanted advertising or requests. The Contractor is hereby advised that any complaints filed with the City alleging that a Contractor is not an equal opportunity employer during the six months preceding the date of receipt of bids will be referred to the Human Relations Commission through its Human Relations Administrator for the purpose of review and recommendations. The report of the Human Relations Commission will be transmitted to the City Engineer who will include a summary of such report with any future bid award recommendations for which the Contractor is a bidder and bring to the attention of the City Council any such report received prior to the issuance of a work order to any such Contractor. A copy of this report shall be sent to the Contractor. The Human Relations Administrator will follow up any such report and bring to the attention of the Commission any further action by the Contractor which would include that the findings of the Commission should be modified. Any such modified findings of the Commission will be delivered to the City Engineer with a copy to the Contractor and be included in any future bid award recommendations. C (rev. Nov/94) PAGE 7 OF 28 The City Council reserves the right to consider such reports in determining the best bid and to terminate, on the basis of such report, any portion of a contract for which a work order has not been issued. However, the Contractor is specifically advised that no equal opportunity employment complaint will be the basis for cancellation of any contract for which a work order has been issued. B-3-4 Surety Bonds: With the execution and delivery of the contract, the Contractor shall furnish and file with the City, in the amounts herein required, the following surety bonds: I (a) Performance Bond: A good and sufficient bond in an amount equal to one hundred percent (100%) of the approximate total amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the City and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work, or the use of inferior materials. This bond shall provide for the repair and maintenance of I/ all defects due to faulty materials, faulty combinations of materials, and/or faulty workmanship that appear within a period of one year from the date of completion and acceptance of the improvement by the City, or such lesser or greater period as may be designated in the Special Provisions. A Performance Bond will not be required if the contract amount does not exceed $25, 000.00. (b) Payment Bond: A good and sufficient bond in an amount equal to one hundred percent (100%) of the approximate total amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and proper protection of all claimants supplying labor and/or material in the prosecution of the work provided for in said contract and for the use of each such claimant. A Payment Bond will not be required if the contract amount does not exceed $25, 000.00. (c) Other Bonds: Other bonds, if required in the Special Provisions. No surety will be accepted by the City who is now in default or delinquent on any bonds or who is interested in any litigation against the City. All bonds shall be issued by an approved surety company authorized to do business in the State of Texas and acceptable to the City, and the surety shall designate an agent who is a resident of Nueces County, Texas. Each bond shall be executed by the Contractor and the surety. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given the Contractor to that effect, and the Contractor shall immediately provide a new surety satisfactory to the City. No payment will be made under the contract until the new surety, or sureties as required, has qualified and been accepted by the City. The contract shall not be operative nor will any payments be due or paid until approval of the bonds has been made by the City. I The City requires that the Power of Attorney submitted with any surety bond (Performance, Payment, etc. ) be signed with an original signature and properly dated and sealed. In the event a facsimile Power of Attorney is used, the City must have on file a sworn statement from an officer of the surety company to the effect that the agent who signs the bond form for the surety is currently in good standing with the surety. It is also required that the facsimile be a true copy of the original Power of Attorney on file among the records of the surety in its home office, not be amended or abridge, still be in full force and effect, and that the City will be notified in the event of cancellation of the particular agent. B-3-5 Execution of Contract: (rev. Nov/94) I PAGE 8 OF 28 I The person or persons, partnership, company, firm, association, corporation, or joint venture to whom a contract is awarded shall, within ten (10) calendar days after such award and after the Contractor has been requested to execute the documents, sign the required contract, furnish the required insurance certificates, and execute the required bonds. No contract shall be binding on the City until it has been attested by the City Secretary, approved as to form by the City Attorney, executed for the City by the City Manager, and delivered to the Contractor. B-3-6 Failure to Execute Contract: The failure of the bidder to execute the required bonds, furnish the required insurance certificates, and sign the required contract within ten (10) calendar days after the contract is awarded and the Contractor has been requested to execute the documents shall be considered by the City as an abandonment of his proposal, and the City may annul the award. By reason of the uncertainty of the market prices of materials and labor and its being impracticable and difficult to determine accurately the amount of damages accruing the City by reason of the said bidder's failure to execute said bonds and contract within ten (10) calendar days, the proposal guaranty accompanying the proposal shall be the agreed amount of damages which the City will suffer by reason of such failure on part of the bidder and shall thereupon immediately be forfeited to the City. The filing of a proposal will be considered an acceptance of this provision. B-4 SCOPE OF WORK: B-4-1 Intent of Plans and Specifications: The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. I! B-4-2 Subsidiary Work: In the course of furnishing or constructing a complete work or improvement, certain work may be necessary which is subsidiary to the items which are established as pay items. Some such subsidiary work may be shown and specified in detail in the plans and specifications, other work may be less completely shown, and other such work which is entirely necessary for the satisfactory I! completion of the work as a whole may not be noted on the plans or in the specifications. It shall be the duty of the Contractor to carry out all such subsidiary work as if fully shown, and the cost of such work shall be made subsidiary to the established pay item. B-4-3 Increased or Decreased Quantities of Work: (a) The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found necessary, and the Contractor shall perform the work as altered. No allowance will be made for any change in anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the contract or bonds. (b) A Major Item as used in this Section shall be construed to be any individual bit item included in the proposal that has a total cost equal to or greater than five percent (5%) of the total contract cost computed on the basis of the proposal quantities and the contract unit prices. C (rev. Nov/94) PAGE 9 OF 28 (c) When the quantity of work to be done or of materials to be furnished under any Major Item of the contract is more than one hundred twenty-five (125%) of the quantity of that unit stated in the proposal, then either party to the contract, upon demand, shall be entitled to revised consideration on that portion of the work above one hundred twenty-five percent (125%) of the quantity stated in the proposal. (d) When the quantity of work done or materials to be furnished under any Major Item of the contract is less than seventy-five percent (75%) of the quantity of that item stated in the proposal, then either party to the contract, upon demand, shall be entitled to revised consideration on the work performed. (e) Any revised consideration is to be determined by special agreement or as is hereinafter provided under "Payment for Extra Work". B-4-4 Alteration of Plans and Specifications: The City reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original plans and specifications or change the general nature of the work as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the contract and bonds. B-4-5 Value Engineering Incentive Procedures: After the award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP's) identifying potential reductions in the contract cost by effective changes to the contract plans and specifications. Any VECP submittal shall include the following: (1) The present contract requirement and description of the proposal change including any modifications to the plans and specifications. (2) The comparative advantages and disadvantages of both the present requirement and the proposed change. (3) An analysis of how the proposed change will alter the function, characteristics and/or performance of a component. (4) A separate detailed cost estimate comparing the cost of the existing requirement and the cost of the proposed change including any costs which might be incurred in testing or evaluation of the proposed change. (5) A comparative projection of the operational and maintenance costs of the existing requirement and the proposed change. (6) A projection of the latest date which the VECP can be incorporated into the contract to achieve maximum cost savings. Any effect upon completion time or delivery schedule should also be noted. The City Engineer shall notify the Contractor of the status of the VECP within thirty (30) days of its receipt. Acceptance or rejection of the VECP by the City Engineer shall be final. If the VECP is not accepted, written notification will be provided detailing the reasons for rejection. Any VECP may be accepted in whole or in part. Execution by both parties of a change order to the contract covering the proposed changes shall constitute approval of the VECP and authorization to proceed with the changes. Until such time as the change order is executed, the Contractor shall perform in accordance with the provisions of the existing contract. (rev. Nov/94) I PAGE 10 OF 28 I The Contractor's share of the savings resulting from approval of the VECP shall be fifty percent (50%) of the net cost savings calculated as follows: Contractor's Share = .50 (existing contract requirement cost -proposed change costs - testing and evaluation costs incurred by the City or Contractor) . This savings will be reflected on the change order approving the VECP and authorizing the change. Deletion of contract work or construction items and changes initiated by the City will not be considered as VECP's. In those instances, the City will realize 100% of the contract reduction or cost savings. B-4-6 Extra Work: When additional work not shown in the plans and specifications or reasonably inferred as subsidiary work or as normal adaptation to existing conditions is required, the Contractor shall do such work when ordered in writing by the Engineer. Payment for such extra work will be made as hereinafter provided. B-5 CONTROL OF THE WORK AND MATERIALS: B-5-1 Authority of the City Engineer: All work shall be performed under the supervision of the City Engineer in a workmanlike manner and to his satisfaction. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, sequence of the construction, interpretation of the plans and specifications, acceptable fulfillment of the contract, compensation, mutual rights between Contractors 1: under these specifications and suspension of the work. He shall determine the amount and quality of the work performed and materials furnished, and his decisions and estimates shall be final. His estimate in such event shall be a condition precedent to the right of the Contractor to receive money due him under the contract. B-5-2 Authority and Duty of Engineers or Inspectors: The City Engineer may appoint Engineers and/or Inspectors as assistants to inspect all work done and material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The Engineer or Inspector will not be authorized to revoke, alter, expand, relax, or waive any requirements of the contract documents. The Engineer or Inspector will keep a record of the progress of the work and the manner in which it is being performed and inform the City Engineer of same. He is authorized to call to the attention of the Contractor any deficiency of the work or of materials to conform to the contract documents; however, failure to do so shall not constitute acceptance of said work. The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work performed was in accordance with the requirements and intent of the plans and specifications. The Engineer or Inspector shall in no case act as foreman or supervisor or perform other duties for the Contractor nor interfere with the management of the work by the latter. Any advice which the Engineer or Inspector may give the Contractor shall in no way be construed as binding to the City or release the Contractor from fulfilling all the terms of the contract. The Engineer or Inspector shall have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the City Engineer. If the Contractor refuses to suspend operations on verbal 1: order, the Engineer or Inspector shall issue a written order giving the reason for suspending the work. After delivering the order to the person in charge, the Engineer or Inspector shall immediately leave the job site. Work done during the absence of the Engineer or Inspector under these circumstances will not be accepted or paid for. (rev. Nov/94) PAGE 11 OF 28 • I B-5-3 Conformity with Plans: All work shall conform to the lines, grades, cross-sections, and dimensions shown on the plans. Any deviation from the plans which may be required by the exigencies of construction will be determined by the City Engineer and authorized by him in writing. B-5-4 Existing Structures: The plans show the location of all known surface and subsurface structures. However, the location of many gas mains, water mains, conduits, sewers, etc. is unknown, and the City assumes no responsibility for failure to shown any or all of these structures on the plans or to show them in their exact location. It is mutually agreed such failure will not be considered sufficient basis for claims for additional compensation for extra work in any manner whatsoever unless the obstruction encountered is such as to necessitate substantial changes in the lines or grades or requires the building of special work for which no provision is made in the plans and which is not essentially subsidiary to some item of work for which provision is made. It is assumed that, as elsewhere provided, the Contractor has thoroughly inspected the site, is informed as to the correct location of surface structures, has included the cost of such incidental work in the prices bid, and has considered and allowed for all foreseeable incidental work due to variable subsurface conditions, whether such conditions and such work are fully and properly described on the plans or not. Minor changes and variations of the work specified and shown on the plans shall be expected by the Contractor and allowed for as incidental to the satisfactory completion of a whole and functioning work or improvement. B-5-5 Coordination of Plans, Specifications, Proposal and Special Provisions: The plans, general provisions, proposal, special provisions, standard specifications and all supplemental documents are intended to describe a complete work and are essential parts of the contract. A requirement occurring in any of them is binding. In case of discrepancies, figured dimensions shall govern over scale dimensions; plans shall govern over specifications; special provisions shall govern over both general and standard specifications; and plans and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the plans and specifications, and the City Engineer shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the plans and specifications. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this to the attention of the Engineer. B-5-6 Cooperation of Contractor: The Contractor will be supplied with three (3) copies of the plans and specifications. The Contractor shall have available on the work at all times one copy of said plans and specifications. The Contractor shall give to the work the consistent attention necessary to facilitate the progress thereof, and he shall cooperate with the City Engineer, his authorized representatives, and with other contractors in every way possible. The Contractor shall provide a competent superintendent on the work at all times who is fully authorized as his agent on the work. Such superintendent shall be capable of reading and understanding the plans and specifications and shall receive and fulfill instructions from the City Engineer or his authorized representatives. The Contractor shall provide all facilities to enable the Engineer or Inspector to inspect the workmanship and materials entering into the work. On marine work, the Contractor shall furnish motorboat transportation as required by the Engineer for the purpose of inspecting the work. The superintendent shall keep the City Engineer or his representative informed of the work he is planning to do and the work schedule. (rev. Nov/94) PAGE 12 OF 28 I I: B-5-7 Construction Staking: E The Engineer will furnish the Contractor with lines, grades, and measurements necessary for the proper prosecution and control of the work contracted for under these specifications. Such stakes or markings as the Engineer may establish either for his own use or the Contractor's guidance shall be preserved by the I: Contractor until authorized by the Engineer to remove same. Unnecessary destruction of stakes shall not be allowed by the Contractor. The Contractor shall be bound to examine the stakes set and check the lines and grades thus set against the plans and profiles, and shall be accountable particularly that I: gutters, structures, and pipes which drain in a certain direction on the plans do so drain when constructed. I: B-5-8 Source of Supply of Materials: The materials shall be the best procurable as required by the plans, specifications, and special provisions. The Contractor shall not start delivery of materials until the Engineer has approved the source of supply. Only material conforming to these specifications shall be used, only after written approval has been given by the Engineer, and only so long as the quality of said materials remains equal to the requirements of the specifications. The Contractor shall I: furnish approved materials from other sources if for any reason the product from any source at any time before commencement or during the prosecution of the work proves unacceptable. After approval, any material which has become mixed with or coated with dirt or any other foreign substances during its delivery and handling I: will not be permitted to be used in the work. New material is required unless otherwise specially provided in the plans and specifications. B-5-9 Samples and Tests of Materials: 1: Where, in the opinion of the Engineer or as called for in the specifications, tests of material are necessary, such tests will be made at the expense of the City unless otherwise provided. The failure of the City to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials conforming to the specifications. Tests, unless otherwise specified, will be made in accordance with the latest methods of the American I: Society for Testing Materials. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not use the materials represented by the samples until tests have been made. The Contractor shall furnish adequate samples without charge. I: B-5-10 "Or Equal" Clause: All bids shall be based on the specified products. Where two or more products I: are specified for an item of work, either one thereof is acceptable and the choice is left to the Contractor. Where only one product is specified, and where the term "or approved equal" or similar wording is used in connection with I: specified products, the Contractor may, if he so desires, offer for consideration a substitute product which he judges to be equal in every respect to the required product. When a specific process is specified as well as a guarantee of the results, the Contractor shall, if in his judgement the process may not produce I: the required result, offer for approval an alternative process which he would guarantee. All such offers shall be made in writing to the Engineer after award of contract. I: The Contractor shall furnish to the Engineer with the first submittal sufficient drawings, specifications, samples, performance data, and other information necessary to assist the Engineer in determining whether the proposed substitution is acceptable. The burden of proof shall be upon the Contractor. I: No consideration will be given to incomplete submittals. Substitutions must be approved in writing before they may be used. B-5-11 Storage of Materials: I: (rev. Nov/94) PAGE 13 OF 28 1: Materials shall be stored so as to insure the preservation of their quality and fitness for the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. Particular attention is directed to the storage or structural steel and reinforcing steel, which shall not be stored on the ground. B-5-12 Removal of Defective and Unauthorized Work: All work which has been rejected or condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be removed and replaced at the Contractor's expense. Defective materials shall be immediately remove from the site of the work. Work done without line and grade having been given, work done beyond the lines or not in conformity with the grades shown on the plans or as given, save as herein provided, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices shall be done at the Contractor's risk and will be considered unauthorized and, at the option of the Engineer, may not be measured and paid for and may be ordered removed at the Contractor's expense. Upon failure of the Contractor to repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice from the Engineer, the Engineer will, after giving written notice to the Contractor, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost thereof from any monies due or to become due the Contractor. B-5-13 Final Inspection: The Engineer will make final inspection of all work included in the contract as soon as practicable after the work is completed and ready for acceptance. If the work is not acceptable to the Engineer at the time of such inspection, he will inform the Contractor as to the particular defects to be remedied before final acceptance will be made. Previous inspection by the Engineer or his representatives during the course of the work shall not be interpreted as approval or acceptance of work or materials which on final inspection are found to be defective or note in accordance with the contract and its duly authorized modifications. B-5-14 Warranty Inspection: Forty-five (45) to sixty (60) days prior to the expiration of the maintenance guaranty period as specified in the contract documents, a warranty inspection will be made. The Contractor may be notified when this examination will be made so that he or his representatives may be present. Within the maintenance guaranty period, the Contractor when ordered by the Engineer, shall repair, replace or rebuild such portions which are found to be faulty because of materials or workmanship. The Contractor shall begin the remedial work within ten (10) calendar days of written order by the Engineer. In case the Contractor does not start remedial work within the above time limit, or in case of an emergency condition caused by faulty work, the City may take remedial action and charge the cost thereof against the Contractor and/or his surety. B-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY: B-6-1 Laws to be Observed: ! The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any manner affect the conduct I/ (rev. Nov/94) PAGE 14 OF 28 I of the work and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No pleas of misunderstanding or ignorance thereof will be considered. The Contractor and his surety shall indemnify and save harmless the City and all its officials, agents, and employees against any claims or liability arising from or based on the violation of any such law, ordinance, regulation or order, whether by himself or his employees. B-6-2 Permits and Licenses: The Contractor shall procure all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees (except City fees) , give all notices necessary and incidental to the due and lawful prosecution of the work, and arrange for all building, plumbing, electrical or other inspections as appropriate. B-6-3 Patented Devices, Materials and Processes: If the Contractor is required or desires to use any design, device, material or process covered by letters, patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. It is mutually agreed and understood that, without exception, contract prices shall include all royalties or costs arising from patents, trademarks and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material or process or any trademark or copyright in connection with the work agreed to be performed under this contract and shall indemnify the City for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. B-6-4 Sanitary Provisions: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infection or contagious diseases and to prevent effectively the creation of a nuisance about the work or any property either public or private, and such regulations as are required by the Engineer shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as will be approved by the Engineer, and their use shall be strictly enforced by the Contractor. All sanitary laws and regulations of the State of Texas and the City of Corpus Christi shall be strictly complied with. B-6-5 Public Convenience and Safety: Materials stored about the work shall be so placed and the work shall at all times be so conducted as to cause no greater obstruction to the traveling public than is considered necessary by the Engineer. The Contractor shall, upon 1: direction of the Engineer, make provisions by bridges or otherwise at sidewalks and private driveways for the free passage of pedestrians and vehicles provided that, where bridging is impracticable or unnecessary in the opinion of the Engineer, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of roadways and bridges. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials or plant used in the construction of the work shall be placed so as not to endanger the work or (rev. Nov/94) PAGE 15 OF 28 prevent free access to all fire hydrants, water valves, gas valves, manholes for telephone, telegraph, signal or electric conduits, sanitary or storm sewers, and fire alarm or police call boxes in the vicinity. The City reserves the right to remedy any neglect on the part of the Contractor as regards the public convenience and safety which may come to its attention after twenty-four hours notice in writing to the Contractor except in case of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done by the City shall be deducted from monies due or to become due the Contractor. The Contractor shall notify the Fire and Police Division Headquarters when any street is closed or obstructed. Where the Contractor is required to construct temporary bridges or make other arrangements for crossings over ditches or streams, his responsibility for accidents shall include the roadway approaches as well as the structures of such crossings. The Contractor shall mark all detours as directed by the Engineer so that the entire route of the detour is designated, such markings to be by neat and workmanlike signs large enough and so painted and so placed as to be clearly visible. B-6-6 Privileges of Contractor in Streets, Alleys and Right-of-Way: For the performance of the contract, the Contractor will be permitted to occupy such portions of streets or alleys, or other public places or other right-of-way, as provided for in the ordinances of the City, as shown on the plans or as permitted by the Engineer. A reasonable amount of tools, materials and equipment for construction purposes may be stored in such space but not more than is necessary to avoid delay in the construction. Excavation and waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designated to be left free and unobstructed. Other Contractors of the City may, for all purposes be required by their contracts, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contractors of the City all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. B-6-7 Railway Crossings: Where the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to methods of doing the work or precautions for safety of property and the public. All negotiations with the railway company, except for right-of-way, shall be made by the Contractor. The railway company shall be notified by the Contractor not less than five (5) days previous to time of his intentions to begin the work. The Contractor will not be paid direct compensation for such railway crossing but shall receive only the compensation for such railway crossing as set out in the proposal. B-6-8 Traffic Control Devices: Where the Contractor's operations are carried on in or adjacent to any public right-of-way or public place and which, in the opinion of the City Engineer, interferes with normal vehicular and pedestrian traffic, the Contractor shall take appropriate measures to protect persons, property and the work. Such measures shall include but not be limited to barricades, lights, signs, fences, flagmen, and watchmen. Such measures shall be taken to exclude or route pedestrian and vehicular traffic around the work and area of operations. Barricades, lights, signs and flagmen shall be utilized in accordance with the Uniform Barricading Standards and Practices as adopted by the City. The Contractor shall be responsible for all damages to persons, property and the work occasioned by his operations and said responsibility shall not cease until the project has been accepted by the City. (rev. Nov/94) PAGE 16 OF 28 i B-6-9 Use of Explosives: Should the Contractor elect to use explosives in the prosecution of the work, the utmost care shall be exercised so as not to endanger life or property. The City shall not be held liable for damages done by the Contractor in the use of explosives. The Contractor shall notify the proper representatives of any public service corporation, any company or any individual not less than eight (8) hours in advance of the use of explosives which might damage or endanger their or his property along or adjacent to the work. Wherever explosives are stored or kept, they shall be stored in a safe and secure manner, and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchmen at all times. B-6-10 Protection and Restoration of Property: Where the work passes over or through private property, the City will provide such right-of-way. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc. , to all water, sewer and gas lines; to all conduits, to all overhead pole lines, or appurtenances thereof; and to all other public and private property along or adjacent to the work. The Contractor shall be responsible for all damage or injury to the property of any character resulting from any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition similar to equal to that existing before such damage 1: or injury was done by repairing, rebuilding or otherwise restoring as may be directed, or he shall made good such damage from injury in a manner acceptable to the owner or the Engineer. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Engineer may, after forty-eight (48) hours written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild or otherwise restore such property as may be determined necessary, and the cost thereof will be deducted from any monies due or to become due the Contractor under his contract. B-6-11 Responsibility for Damage Claims: The Contractor shall not commence work under this contract until he has obtained all insurance required herein and such insurance has been approved by the City. The Contractor shall not allow any subcontractor(s) to commence work until all similar insurance required of the subcontractor (s) has been so obtained. Within ten (10) calendar days after the date the City requests that the Contractor sign the contract documents, the Contractor shall furnish the City with certificates of insurance evidencing that the Contractor has obtained insurance coverage of the types more particularly described below in parts (a) through (e) of this section. (For self-insured workers' compensation coverage, other documents, specified hereafter, may be substituted for the certificate of insurance just described) . The workers' compensation insurance policy need not list the City as an additional insured. Additionally, all certificates of insurance shall state the name of the project in the "Description of Operations" section of such certificate. These certificates and any subsequent insurance certificates in connection with this particular contract shall be delivered to the offices of the City Engineer. The Certificates of Insurance shall state that ten (10) days written notice will be given the City before any policy covered thereby is changed or canceled and shall shown the following minimum coverage in an insurance company acceptable to the City. The City reserves the right to modify minimum limits based upon the nature and scope of the work. The Contractor agrees to comply with the Supplemental Insurance Requirements stated in the "Special Provisions" section of this contract. (rev. Nov/94) PAGE 17 OF 28 I (a) General Liability, including Commercial General Form; Premises - Operations; Explosion & Collapse Hazard; Underground Hazard; Products/Completed Operations Hazard; Contractual Insurance, with an endorsement on the face of the certificate that it includes the "Hold Harmless" in the last paragraph of this provision; Broad Form Property Damage; Independent Contractors; and Personal Injury: MINIMUM INSURANCE COVERAGE Bodily Injury and Consequent Death $300, 000 Per Person Bodily Injury and Consequent Death $500, 000 Each Occurrence Property Damage $100, 000 Each Occurrence (b) Automobile Liability - Owned, Nonowner or Rented: MINIMUM INSURANCE COVERAGE Bodily Injury and Consequent Death $100, 000 Per Person Bodily Injury and Consequent Death $300, 000 Each Occurrence Property Damage $100, 000 Each Occurrence (c) Workers' Compensation and Occupational Diseases: The Contractor shall obtain worker's compensation insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10) calendar days after the date the City requests that the Contractor sign the contract documents, the Contractor shall provide the City with a copy of its certificate of authority to self-insure its workers' compensation coverage as well as a letter, signed by the Contractor, stating that the certificate of authority to self-insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Contractor shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P.O. Box 9277, Corpus Christi, Texas 78469 - Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all worker' compensation obligations incurred by the Contractor will be promptly met. (d) Employer's Liability: Minimum Insurance Coverage - $100, 000 Per Person (e) Builder's Risk Insurance Coverage: Contractor will be responsible for providing builder's risk insurance coverage for the term of the contract up to and including the date the City finally accepts the project or work. Builder's risk coverage shall be an "All Risk" form. The policy shall be a completed value form. The Contractor shall provide such builder's risk coverage as indicated in the Special Provisions, which is estimated to be the value at completion of the real or personal property to be constructed, repaired or otherwise improved under the contract. I/(rev. Nov/94) PAGE 18 OF 28 I I: Contractor shall be responsible for paying all costs necessary to procure such builder's risk insurance coverage, including any deductible. The City shall be named an additional insured on any policies providing such insurance coverage. In the event of accidents of any kind, the Contractor shall furnish the City with copies of all reports such accidents at the same time that the reports are 1: forwarded to any other interested parties. It shall be the Contractor's primary responsibility for immediately notifying the carriers of any or all insurance under this contract in the event of a known loss or claim presented to the Contractor by the City or a third party. I: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them I: harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen 1: 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 other person indemnified hereunder. I: B-6-12 Contractor's Claim for Damages: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the City, he shall, within three (3) days after sustaining such alleged damage, make a written statement to the City Engineer, setting out in detail the nature of the alleged damage; and on or before the twenty-fifth (25th) day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the City Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the City Engineer access to all books of accounts, receipts, I: vouchers, bills of lading and other books or papers containing any evidence as to the amount or such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived and he shall not be entitled to payment on account of such damage. B-6-13 Public Utilities and Other Property to be Changed: In case it is necessary to change or move, the property shall not be moved or I: interfered with until ordered to do so by the Engineer, unless the plans or specifications show that such work is to be done by the Contractor. The right is reserved to the owner of public utilities to enter upon the limits of the contract for the purpose of making such changes or repairs of their property that I: may be necessary by performance of the contract. The City reserves the right of entering upon the limits of the contract for the purpose of repairing or relaying sewer, gas and water lines and appurtenances, repairing structures, etc. , and I: making other repairs, changes or extensions to any City property. B-6-14 Temporary Sewer and Drain Connections: 1: When existing sewers have to be taken up or removed, the Contractor shall, at his cost and expense, provide and maintain temporary outlets and connections for all private or public drains or sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers; and 1: for this purpose, he shall provide and maintain, at his own expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own expense, shall construct such troughs, pipes or other structures necessary and be prepared at all times to dispose of drainage and sewage received from 1: these temporary connections until such time as the permanent connections are built and in service. The existing sewers and connections shall be kept in service and maintained under the contract except where specified or ordered to be abandoned by the Engineer. All water or sewage shall be disposed of in a I: (rev. Nov/94) PAGE 19 OF 28 I: satisfactory manner so that no nuisance is created and so that the work under construction will adequately be protected. B-6-15 Arrangement and Charge for Water Furnished by the City: I Where the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the City of Corpus Christi, Department of Public Utilities for so doing. However, this in no way obligates the City to provide water. B-6-16 Use of Fire Hydrants: I No person shall open, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve or stop cock, or tap and water main belonging to the City unless duly authorized to do so by the City of Corpus Christi, Water Division Superintendent. B-6-17 Use of a Section or Portion of the Work: Wherever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these specifications or the contract pending final completion and acceptance of the work; all necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship or to operations of the Contractor, shall be performed by the Contractor at his own cost and expense. B-6-18 Separate Contracts: The City reserves the right to make essential installation of items not included in the contract prior to acceptance of the project from the Contractor. Within this right, the City may let other contracts or may do such work with its own materials and labor forces. The City, in reserving this right, warrants that it will cooperate with the Contractor's forces and goals. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or company or by City employees. The Contractor shall cooperate to the end that the City may realize a complete functioning of the project on the date of Final Acceptance. B-6-19 Contractor's Responsibility for the Work: Until written acceptance by the Engineer, as provided for in these specifications, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any other cause whatsoever, whether arising from the execution or non-execution of the work. The Contractor shall rebuild, repair, restore and make good, at his own cost and expense, all injuries or damages to any portion of the work occasioned by any of the hereinabove causes. B-6-20 No Waiver of Legal Right: Inspection by the Engineer, any order, measurement, quantity or certificate by the Engineer; any order by the City for payment of money; any payment for or acceptance of any work; or any extension of time; or any possession taken by the City shall not operate as a waiver of any provisions of the contract or any power therein reserved to the City of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be waiver of any other or subsequent breach. The City reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The City reserves the right (rev. Nov/94) PAGE 20 OF 28 1 to claim and recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the Contractor or his agents and the Engineer or his assistants, discovered in the work after the final payment has been made. B-6-21 Indemnification and Hold Harmless: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from an act or omission of the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or the operations or activities of the Contractor or any subcontractor, supplier, materialman, or their officials, employees, agents, or 1: consultants. B-6-22 Tax Exemption Provision: Contracts awarded by the City of Corpus Christi qualify for exemption pursuant to the provision of Article 20.04 (H) of the Texas Limited Sales, Excise and Use Tax Act. The Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's Ruling #95-0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's Ruling #95-0.09 as amended to be effective October 2, 1968. B-7 PROSECUTION AND PROGRESS: B-7-1 Subletting the Work: The Contractor shall perform with his own organization and with the assistance of workmen under his immediate superintendence, work of a value not less than fifty percent (50%) of the value of all work embraced in the contract exclusive of items not commonly found in contracts for similar work or which require highly-specialized knowledge, craftsmanship and/or equipment not ordinarily available in the organizations of Contractors performing work of the character embraced in the contract. No portion of the work covered by these specifications and contract, except contracts for purchase and delivery of materials, shall be sublet without written permission of the City. If the Contractor sublets any part of the work to be done under his contract, he will not, under any circumstances, be relieved of his responsibility and obligations. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees and/or workmen and shall be 1: subject to the same requirements as to character, competency, wages and hours. The City will not recognize any subcontractor on the work. The Contractor shall, at all times when the work is in operation, be represented either in person or by a qualified superintendent or other designated representative. B-7-2 Assignment of Contract: The Contractor shall not assign, transfer, convey or otherwise dispose of the 1: contract or his right, title or interest in or to the same, or any part thereof, without the previous consent of the City Council and concurred in by the sureties. If the Contractor does without such previous consent assign, transfer, convey or otherwise dispose of the contract or of his rights, title or interest therein, or any part thereof to any persons, partnership, company, firm or (rev. Nov/94) PAGE 21 OF 28 r corporation, or by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract or make default in or abandon said contract, then the contract may, at the option of the City, be revoked or annulled, unless the sureties shall successfully complete said contract; and any monies due or to become due under said contract shall be retained by the City as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. B-7-3 Prosecution of the Work: Prior to beginning construction operations, the Contractor shall submit to the Engineer a chart or brief of his work schedule outlining the manner and sequence of prosecution of the work that he intends to follow in order to complete the contract within the allotted time. Whenever, during the course of the work, this planned sequence and/or method must be revised, such revision shall be submitted in writing to the Engineer. The Contractor shall begin the work to be performed under this contract within the time limit stated in the Agreement and shall conduct the work in such a manner and with sufficient equipment, materials and labor as is necessary to insure its completion within the time limit. The sequence of all construction operations shall be at all times as directed be or approver by the Engineer. Such direction or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the contract. Should the prosecution of the work be discontinued by the Contractor, he shall notify the Engineer at least twenty-four (24) hours in advance of resuming operations. B-7-4 Limitation of Operations: The work shall be so conducted as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closes or is carrying on operations on a greater portion of the street or public way than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the sections on which work is in progress before operations are started on any additional section. B-7-5 Character of Workmen and Equipment: Local labor shall be used by the Contractor if available. The Contractor may bring in from outside the City his key employees and superintendent. All other employees, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent and the Engineer may demand the dismissal of any person or persons employed by the Contractor in, about or on the work who shall misconduct himself or be incompetent or negligent in the proper performance of his or their duties or neglect or refuse to comply with the directions of the Engineer, and such person or persons shall not be employed thereon again without the written consent of the Engineer. All workmen shall have sufficient skill and experience to perform properly the work assigned them. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory working condition. Equipment on any portion of the work shall be such that no injury to the work or adjacent property will result from its use. I/ B-7-6 Working Hours: Work shall be done only during the regular and commonly accepted and prescribed working hours. No work on any unit of this contract shall be performed before 7 a.m. , or after 6 p.m. , or on Sunday, or on a regular holiday as listed in the definitions, unless special permission is given in writing by I/ (rev. Nov/94) PAGE 22 OF 28 I the Engineer. Excepted from the preceding shall be the setting of flashers, maintenance of barricades, wetting of concrete curing mats, and such measures as the Contractor must take to protect life and property, as are of an emergency nature and not merely extensions of the regular working day. Attention is directed to the definition for contract time. 1: B-7-7 Time of Commencement and Completion: The Contractor shall commence the work within the time specified, and the rate of progress shall be such that the whole work will be performed and the premises cleaned up in accordance with the contract, plans and specifications within the time limit specified in the contract unless an extension of time be made in the manner hereinafter specified. 1: B-7-8 Extension of Time of Completion: The Contractor shall be entitled to an extension of time as provided herein f: only when claim for such extension is submitted to the City in writing by the Contractor within seven (7) days from and after the time when any alleged cause of delay shall occur, and then only when such claim is approved by the City. In adjusting the contract time for the completion of the project, unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including but not restricted to inability to obtain supplies and materials, acts of God, or the public enemy, acts of the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather conditions (weather which is beyond the normal weather recorded and expected for the season or seasons of the year in the records of the National Oceanic and Atmospheric Administration's Climatic Data Center) , or delays of subcontractors due to such causes; all provided that actual stoppage of work ensues and no fault 1: of the Contractor is involved. If the satisfactory execution and completion of the contract should require 1: work and materials in a greater amount, or quantities, than those set forth in the contract, then the contract time shall automatically be increased the same proportion as the cost of the additional work bears to the cost of the original work contracted for. No allowance will be made for delays or suspension of the 1: prosecution of the work due to the fault of the Contractor. B-7-9 Computation of Contract Time for Completion: For the purpose of computation, the contract time shall begin with the tenth (10th) calendar day after the date of the written authorization by the City Engineer to begin work, or such earlier date as work, other than the delivery of materials, is actually commenced. The Engineer shall furnish the Contractor a monthly statement showing the days (calendar or working) charged during the month. If no protest as to the correctness of the statement is filed within seven (7) days by the Contractor, the statement will stand. Contract time shall be charged as described under the definition thereof. 1: B-7-10 Failure to Complete on Time: The time of completion is the essence of the contract. For each day (calendar or working) that any work shall remain uncompleted after the time specified in the time specified in the proposal and contract, or the increased time granted by the City, or as automatically increased by additional work or materials ordered after the contract is signed, a sum per day will be deducted from the monies due the Contractor, not as a penalty but as liquidated damages. This sum of liquidated damages per day will be as shown in the special provisions, proposal or elsewhere in the contract documents. C (rev. Nov/94) PAGE 23 OF 28 The sum of money thus deducted for such delay, or noncompletion is not to be considered as a penalty but shall be deemed, taken and treated as reasonable liquidated damages since it would be impracticable and extremely difficult to fix the actual damages, with such sums of money to be deducted from Contractor's monies at the time or times such damages begin to occur, thence to the completion of construction. B-7-11 Suspension by Court Order: The Contractor shall suspend such part or parts of the work ordered by the Court, and will not be entitled to additional compensation by virtue of such Court Order. Neither will he be liable to the City in the event and for the time the work is suspended by Court Order. B-7-12 Temporary Suspension: The Engineer shall have the authority to suspend the work wholly or in part for such period or periods as he may deem necessary due to unsuitable weather conditions as are considered unfavorable for the suitable prosecution of the work. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily or become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work and erect temporary structures where necessary. The Contractor shall not suspend work without written authority from the Engineer and shall proceed with work promptly when notified by the Engineer to resume operations. B-7-13 Suspension of Work and Annulment of Contract: The work or any portion of the work under contract shall be suspended immediately on written order of the City Engineer or the City Manager, a copy of such notice to be served on the Contractor's sureties, or the contract may be annulled by the City for any good cause or causes, among others of which special reference is made to the following: (a) Failure of the Contractor to start the work within the specified number of calendar days from the date of written notice by the City to begin the work. (b) Substantial evidence that the progress of the work being made by the Contractor is insufficient to complete the work within the specified time. (c) Failure of the Contractor to provide sufficient and proper equipment for properly executing the work. (d) Substantial evidence that the Contractor has abandoned the work. (e) Substantial evidence that the Contractor has become insolvent or I/ bankrupt, or otherwise financially unable to carry on the work. (f) Deliberate failure on the part of the Contractor to observe any requirements of these specifications or to comply with any orders given by the Engineer as provided for in these specifications. (g) Failure of the Contractor to promptly make good any defects in I/ materials or workmanship, or any defects of any nature, the correction of which has been directed in writing by the Engineer. (h) Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of the work under contract. (rev. Nov/94) I PAGE 24 OF 28 I When the work is suspended for any of the causes itemized above or for any other cause or causes, the Contractor shall discontinue the work or such part thereof as the City shall designate, whereupon the sureties may, at their option, assume the contract or that portion thereof which the City has ordered the Contractor to discontinue, and may perform the same, or may, with the written consent of the City, sublet the work or that portion of the work so taken over, provided however that the sureties shall exercise their option, if at all, within two (2) weeks after the written notice to discontinue the work has been served upon the Contractor and upon the sureties or their authorized agents. The sureties in such event shall assume the Contractor's place in all respects, and shall be paid by the City for all work performed by them in accordance with the terms of the contract. All monies remaining due the Contractor at the time of his default shall thereupon become due and payable to the sureties as the work 1: progresses, subject to all the terms of the contract. In case the sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract or that portion thereof which the City has ordered the Contractor to discontinue, then the City shall have the power to complete by 1: contract or otherwise as it may deem necessary; and the Contractor hereto agrees that the City shall have the right to take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purpose of his work and to procure other tools, equipment and materials for the completion of the same, and to charge to the account of the Contractor the expenses of said contract or labor, materials, tools, equipment and expenses incidental thereto. The expense so charged shall be deducted by the City out of such monies as may be due or may at any time thereafter become due the Contractor under and by virtue of the contract or any part thereof. The City shall not be required to obtain the lowest bid for the work of completing the contract, but the expenses to be deducted shall be the actual cost of such work. In case such expense is less than the sum which would have been payable under the contract if the same had been completed by the Contractor, then in such case, the City may pay to the Contractor the difference in cost provided that the Contractor shall not be entitled to any claim for damages or for loss of anticipated profits; in case such expense shall exceed the amount which would have been payable under the contract if the same had been completed by the Contractor, then the Contractor and his sureties shall pay the amount of such excess to the City on notice from the City of the excess due. When any particular part of the work is being carried on by the City by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the contract, and in such manner as not to hinder or interfere with the performance of workmen 1: employed as above provided by the City. B-7-14 Termination of Contract: The contract will be considered fulfilled, saved as provided in any maintenance stipulations, bond or by law, when all the work has been completed, the final inspection made by the Engineer, and final acceptance and final payment made by the City. 1; B-7-15 No Intent to Benefit Third Parties Nothwithstanding anything contained in this Agreement to the contrary, nothing in this Agreement, expressed or implied, is intended to confer on any person other than the parties hereto or their respective heirs, successors, executors, administrators and assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement. B-8 MEASUREMENT AND PAYMENT: B-8-1 Measurement of Quantities: The determination of quantities of work acceptably completed under the terms of the contract, or as directed by the Engineer in writing, will be made by the Engineer, based on measurements made by the Engineer. These measurements will be (rev. Nov/94) PAGE 25 OF 28 taken according to the U.S. Standard Measurements, used in common practice, and will be the actual length, area, solid contents, numbers and weight. It is pointed out that inclusion in the standard construction specifications of paragraphs describing methods of measurement and payment is not intended to imply that separate payments shall be made under each such standard specification. The units for which payment shall be made are those stated in the proposal. B-8-2 Unit Price: Where in the proposal form a "Unit Price" is set forth, the "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, appliances, plant and equipment appurtenant to and necessary for construction in every detail and the completion in a first class, workmanlike manner of all the work to be done under these specifications. The "Unit Price" shall also include all permanent protection of overhead, surface and underground structures, cleaning up, finish, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements, delay, profit, injuries, damages, claims and all other items not specifically mentioned that may be required to construct fully each item of the work complete in place. I B-8-3 Scope of Payment: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, equipment and incidentals; for performing all work contemplated and embraced under the contract; for all lose or damage arising out of the nature of the work or from the action of the elements; for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work and before its final acceptance by the Engineer; for all risks of whatever description connected with the prosecution of the work; for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the work as herein specified; for any infringement of patents, trademarks or copyrights; and for completing the work in an acceptable manner according to the plans and specifications. The payment of any current or partial estimate prior to final acceptance of the work by the City shall in no way constitute an acknowledgement of the acceptance of the work nor in any way prejudice or affect the obligation of the Contractor to repair, correct, renew, or replace, at his expense, any defects or imperfections in the construction or in the strength or quality of the materials used in or about the construction of the work under contract and its appurtenances, nor any damage due or attributed to such defects, imperfections or damage shall have been discovered on or before the final inspection and acceptance of the work. The Engineer shall be the sole judge of such defects, imperfections or damage; and the Contractor shall be liable to the City for failure to correct the same as provided herein. B-8-4 Payment for Extra Work: Extra work authorized and approved by the City Engineer and performed by the Contractor will be paid for in the manner hereinafter described, and the compensation thus provided shall be accepted by the Contractor as payment in full for all labor, material, tools, equipment and incidentals and all superintendents' time and timekeepers' services, all insurance, bond and all other overhead expenses incurred in the prosecution of the extra work. Payment for extra work will be calculated on one of the following basis, subject to all other conditions of the contract: (a) By unit prices agreed on in writing by both parties, payment to be for the quantity actually installed as finally measured. (b) By a lump sum price agreed on in writing by both parties. (rev. Nov/94) PAGE 26 OF 28 I C (c) By actual field cost of the work plus fifteen percent (15%) as described hereinbelow, agreed on in writing by both parties. In the event extra work is to be performed and paid for under this method, the actual field cost of the work will include the cost of all workmen, foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rental or machinery equipment, only for the time actually employed or used on such extra work, plus all power, fuel, lubricants, water and similar operating expenses, and a rateable proportion of premiums on Performance and Payment Bonds, public liability and Workmen's Compensation and all other insurance required by law or ordinance. The Engineer will direct the form in which the accounts or actual field cost will be kept and will specify in writing the methods of doing the work, and the type and kind of machinery and equipment to be used, and shall have authority to suspend such extra work if in his judgement it is being conducted in a manner wasteful of materials, equipment, or labor, or is not being prosecuted in an efficient manner. The fifteen percent (15%) of the actual field cost to be paid the Contractor shall cover and compensate him for profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. The Contractor shall give the Engineer access to all accounts, bills, invoices and vouchers relating thereto. In the event agreement cannot be reached on method or prices of payment for extra work, the City reserves the right to enter on the job with its own forces or to hire other contractors to perform such extra work. B-8-5 Policy on Extra Work and Change Orders: The City Council of the City of Corpus Christi has adopted the following Construction Change Order Policy which will be applicable to all City construction projects, and the Contractor is hereby advised to be so guided in the proceeding with any item of work which he considers to be extra work: (a) All change orders require written quotations and must be approved in writing by the Contractor and the City Engineer or his representative prior to the work being done. (b) All change orders in involving an expenditure of $10,000.00 or more must be approved by the City Council. (c) The City Manager, or duly authorized Assistant City Manager, has authority to approve change orders between $5, 000.00 and $10, 000.00. The City Manager may authorize change orders in excess of this amount only in emergency situations where undue delays could cause damages, either physical or monetary, to the City, Contractor, or general public. However, final approval must be 1: granted by the City Council. (d) The City Engineer has authority to issue change orders up to $5,000.00. (e) The total amount of all change orders to a contract shall not exceed 25% of the original contract price. 1: Contractors are advised that the City is under no obligation to appropriate change order(s) which have not been prepared and executed as stated herein. The addition of items of work covered by unit prices may be performed without written change orders unless the quantity and cost of such work, in the Engineer's opinion, require such written change orders, in which event the Contractor will be so notified. B-8-6 Partial Estimates: C (rev. Nov/94) PAGE 27 OF 28 After the twenty-fifth (25th) day of the month and at the Contractor's request, the Engineer will make an approximate estimate of the value of the work done during the month under the specifications, which approximate estimate may 11 include the full net invoice value of acceptable non-perishable materials delivered to the work (i.e. materials on hand) . The Contractor shall furnish to the Engineer such detailed in formation as he may request to aid him as a guide in the preparation of partial estimates. It is understood that the partial estimates from month to month will be approximate only and all partial estimates and payments will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not in any respect be taken as an admission of the City of the amount of work done or of its quality or sufficiency nor as an acceptance of the work or the release of the I/ Contractor of any of his responsibility under the contract. In determining the partial payment to be made to the Contractor, the City will retain five percent (5%) of the total approximate estimate, unless otherwise stated, and will deduct payments previously made. No partial payment will be made when the said estimate or the estimates of work done since the last previous estimate is less than One Hundred Dollars ($100.00) in amount. All retainage is due and payable to the Contractor upon successful completion of the project and will be included in the final payment. Payment shall be withheld as elsewhere herein specified. The City reserves the right to increase the retainage. In contracts in which the total amount bid is Four Hundred Thousand Dollars ($400, 000) or more and providing for retainage of greater than five percent (5%) of the total estimate, the amount retained shall be deposited in an interest bearing account and the interest earned shall be paid to the contractor upon completion of the contract with the final payment, unless withheld as otherwise specified. B-8-7 Withholding Payment: Payment of estimates may be withheld if the work is not being executed in accordance with the specifications and contract and/or to cover known claims as elsewhere specified. B-8-8 Final Cleanup: Upon completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of the work in a neat, orderly condition, equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. Such final cleanup shall in general be considered as subsidiary to the established pay items as a whole. B-8-9 Final Acceptance: I Whenever the improvement provided for by contract shall have been completely performed on the part of the Contractor, the Contractor shall notify the Engineer that the improvement is ready for final inspection. The Engineer will then make such final inspection; and if the work is satisfactory and in accordance with the specifications and contract, he will certify such completion for Final Acceptance. B-8-10 Final Payment: Whenever the improvement provided for by contract shall have been completely performed on the part of the Contractor as evidenced by the Engineer in the Certificate of Final Inspection and Acceptance, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements and computations can be made. All prior estimates upon which payments have been made are subject to necessary corrections or revisions in the final payment. The amount of this final estimate, less any sums that have been deducted or retained under the provisions of the contract, will be paid the Contractor within thirty (30) days after Final Acceptance provided the Contractor has furnished to the City satisfactory evidence in the form of an affidavit(s) that all sums of money due for any labor, materials, apparatus, fixtures, or machinery furnished for and used in the prosecution of the work have been paid; or that the person or persons to whom the sum may respectively be due have consented to such final payment. The improvement (rev. Nov/94) PAGE 28 OF 28 11 1: will not be recommended for Final Acceptance until this payment affidavit has been submitted. The acceptance by the Contractor of the last payment as aforesaid shall operate as and shall be a release to the City from all claims or liabilities under the contract for anything done or furnished or relating to the work under the contract or for any act of neglect of said City relating to or connected with the contract. B-8-11 Maintenance Guaranty: The Contractor shall maintain and keep in good repair the work herein contracted to be done and performed for a period of one (1) year from the date of acceptance, or for such lesser or greater period as may be specially provided, shall do all necessary backfilling that may arise on account of sunken conditions in ditches, or otherwise, and shall do and perform all necessary work and repair any defective condition growing out of or arising from the improper joining of the same, or on account of any breaking of the same caused by the said Contractor, in laying or building the same, or on account of any defect arising in any of said parts of said work laid or constructed by said Contractor, or on account of improper excavation or backfilling; it being understood that the purpose of this section is to cover all defective conditions arising by reason of negligence of the Contractor, or by reason of defective materials, work or labor performed by the said Contractor, and in 1: case the said Contractor shall fail to do so, it is agreed that the City may do said work and supply such materials, and charge the same against the said Contractor and sureties on this obligation. This provision shall further, and in addition, be evidence by the provisions of the Performance Bond or such other bond as may be required. C t C C L L C C I I I (rev. Nov/94) PAGE 29 OF 28 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 10TH day of DECEMBER , 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,11 upon these terms, performable in Nueces County, Texas: In consideration of the payment of $105,276.46 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CENTRAL LIBRARY ADA RAMP & ELEVATOR (CDBG) JOB ORDER CONTRACT (RFP 2012-02) PROJECT NO. E13070 TOTAL AMOUNT: $105,276.46 according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev.Apr-2013 I Contractor shall indemnify, save harmless and defend the City Y of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A-26 of the General and Special Provisions and p p Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 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. C Signed in 4 parts at Corpus Christi, Texas on the date shown above. C C C C I Page 2 of 3 Rev.Apr-2013 L C C CITY OF CORPUS CHRISTI APPROVED AS TO LEGAL FORM: By: .N ,,,1.400., r By: Daniel Biles, P.E. Asst. City Attorney Director of Engineering Services 930000 IO5 j DOOM-9514-i° Fundin• Source 13b10G8p RECEIVED 1 r B ��� CONTRACTOR tie ATTEST: (If Corporation) Barcom Commercial, Inc. (Seal Below) By: LV1-tlini A , I , Title: ?+c-c.S;die v\-t- (Note: If Person signing for corporation is not President, 5826 Bear Lane attach copy of authorization (Address) to sign) Corpus Christi, TX 78405 (City) (State) (ZIP) 361/851-1000 * 361/851-1717 (Phone) (Fax) C C Page 3 of 3 Rev.Apr-2013 C BARCOMCOMMERCIAL,Ina • GENERAL CONTRACTOR Proposal 8574 I a- IDS -G0CM-0 30 70 July 8,2013, Proposal# 16442 E-Mail: TO: City of Corpus Christi—Engineering Department PROJECT: Library Ramp and Elevator Attn:Gracie Mesa Updates 1201 Leopard St Corpus Christi,TX 78401 We propose to furnish labor and material to perform the following: Price to include: Make repairs to front entrance ramp into library as shown on drawing and discussed on site. misc.tile repairs and upgrade to existing elevator as discussed with elevator contractor and architect. Price to exclude Work other than required elevator work for operation purposes and cab walls. paving, handicap ramps,striping,sidewalks,landscape,irrigation. No Plans or Specs were available at time of bid. Nate: please allow 12 weeks from NTP to complete the scope of work TOTAL AMOUNT OF PROPOSAL: $105,276.46 One Hundred Five Thousand Two Hundred Seventy Six and 46/100 Respectfully submitted, BARCOM COMMERCIAL, INC. 09.4%tar Mad Justin McComb Project Manager JM This proposal is void if not accepted in writing 30 days after this date;however, when executed by both parties, it shall become the contract for the services described above. Signed: Date: C C 5826 BEAR LANE CORPUS CHRISTI,TEXAS 78405 TELEPHONE:(361)851-1000•FAX:(361)851-1717 %%w w.ba rcom.cc re, ro, rgil rei Irmo rime rim!, 1 Rom Iron Iri ilrell IF, ,, PLt. ti3070 Preliminary Estimate, by estimates BAELCOMCrrmnurci4al.Ink. Barcom Commercial Ina-Justin McComb Barcom Commercial Inc. 2009 Corpus Christi,TX JOC-2009 Corpus Christi,TX JOC central library-16442 Justin McComb Estimator:Juatl i McComb ( r4'' :a afar rep-aril; Division Summary(MF04) O t. c� --. . is 20-ElecUlcal b2- •r'r ,. .,-,.R. ._._ �. .. — 27- iaiunicatloia ik '°-" 2e BecUonic Safety end' ' ,-- . s . .. 31- 32%,auliknenvern ems'.. _.. �. 33=_ -. _ __ ..... _ __ • •t.. Plea - an d Ca tea al and 34=Tra — . .- a . _ —SS-Willowy Me_ -A1atMtal Proceaairttamd� ��E Ipme�t 1 _ �i __ _ . _ _ _ 44 P�ondol�qulpnent� „ . -..... -.. ._s „,......�.,. ,._ .. ..�_ VileiIr end ,........ ..--.• Wastewater t2 uipment _ 411 `Iaclric>sower tenara __ .� m :. i 000 00 . ... s ....._.. ~_ x..e .$3,000M-1:1 _. _ 7.E1. ___.. --._ _.. ,. . MP04iere fItat t totallin com nenta SSB,700.00 'L ea and tiordnglifV } -,. . Totalling Components _ SIR 700.00 2010 C�Ke *Melt Jt7CJ�AMrlUphier (11,0000%) r i 7 r: J-." t ?w :1.30!x. •• 1 80 ardtspua Si Jt7C' t8 4,. . _. 44.36 2061100 t ltf {3 j n ..�.. 'A10 Asti' St "�-`� '7° � Material,Labor,and Equipment Totals(No Totalling Components) PricedlNon-Priced �; :s73,347.50 Total Priced Items: 3 188,700.00 113,3500' Tole)Non-Priced Items; 0 $0.00 0.00% Equipment: Other 2.80 . 3- $86,700.00 Gran the Items:0 $0.000 0 Grand Total 378,452.15 cis c cp 3 CO CO o Printed 18 JUL 2013 10:01AM Page 1 of 3 central library-18442 IF" I. .l Won V", Iri FM rev ir, irm irt rii rPel re" Iraq el roe irl rim IP" Barcom Commercial Inc. Preliminary Estimate, by estimates Eitiiiiiitiin'JnitliiMaComb Totalling Component Details Description item Count Applicable Amount Applied Amount Applied Result Balance Priced Line Wm 3 $8630000 586,700.00 $86,700.00 Inas*?in TO.To 'name Teat mote Formates W03 *I TON Indufts Mad PROOF West Rilhisane CORPUS CHRISTI.TX CC)2013Q2,51.30% 586.700.00 (18.7000)% R16212.90) 170.48710 WOOS so Tout yes Type ROAnans COI(AVM Lsoll Renown coons omen TX CCI Z0I302.$I 30% SOIstallosOdce 1 sow'Pool Uns IOW ------ —-- — — -- — .— — .- — ---— — — , _ —- 2010 Corpus Christ)JOC Priced Multiplier $70,48710 5.0000% 53.524 36 574,011.46 kowtow Tolat To 'NFL Plaresraw SONG Pow]on 211sins.120,40 Uns llens,'Wore CORPUS CHRISTI.TX CCI(Cuseer NonprIced Line Items $74.011.46 Ingunsain IsOLIss Type TOW.*Or f won Type WO Whoa 10101 Isoblon Plan PASO 2010 Corpus Christi JOC Nonprieed Multtphier 11.0000% $74,011,46 harder Is Tolle YO Too Ponsallo SOROI Wel se I OM lenoxlead Uns OW ° -- 2010 Corpus Christi JOC Bond 574.011.46 25000% $1,850.29 375,661.75 MONSON TOO Tss Tipe Proveso 01410,414 Wad On Mipla,1010 Oxpis Clonal JOC Nooptlatid itiOplust",•2010 Cope alma SOC Prod&WOW,lionoiess Un•hoar,lead Line One%-ROW=CORPUS CJIR1STL TX CCI ICurrere 2010 Corpus Christi JOC Permit $74,011.46 3.5000% $2,590.40 578.452.15 InOndOe lash To Type Possnino smor tow a a mow Imo cam*chow Joc Nonpnceo MriiiptiMe,1010 Colo COW JOC Non IONOler,llononcei Uss Items%Poo Une Isms%TISIAoss CORPUS CHRISTI.TX CCI(Cussntr 2010 Carpus Christ)JOC Permit Fee $78.452.15 ta) C) Sadsdel In Tool Yes co = 1)or Moot Mellow WWI Note:It appears that at least one of these totalling components is set to"Amount is at Estimate _... .... 14) CD e., = Level". This can cause some of the Project totalling components that share the same characteristics to have the appearance of not adding up correctly on this detailed report page. 00 Z —_..... ......_ ........_.. _ _ _ ... ...._ _ ...... ...._ ._ _ ...._,.. Prinied 16 JUL 2013 10:01AM Page 2 of 3 central library-16442 roi el iril roil en rig re, rows ril rol rim rag re, rev aPPN rii owl re4 rwil Barcom Commercial Inc. Preliminary Estimate, by estimates Estimator Justin McComb elevator trepans UM Quantity Unit Coat Total Book 14-Conveying Equipment 1 1447-13-10-3560 Cab Anthers.passenger elevator cab finishes,based on 3500 lb.cab size, Es. 1.0000 55,200.00 guava)RSIONAC p stainless steel walls kr• OSP 2 14-26-10-10-3800 Elevator controls and doors.passenger elevator options.variable vollage. Ea. t0000 $78,500.00 smsoo.00 aSkil2FAC P overhead gearless machine.minimum 14 t. OSP repair or replace nessecary gear,cables,motors.starters,etc nessecary to get the elevator back to orginal working conditons, no work to the cab will be done as a result of Oils item. work to be complete ts based on meetings with architect and elevator company. 14-Conveying Equipment Total sa3,7oo.00 Alternates 3 142713103550 remove existing wood panels on inside of elevator car EA 1.0000 53,000.00 gam 00 /0114 p Alternates Total $3.060.00 Estimate Grand Total 78,452.15 73 co c.) o co z- 0 2 = Cp 0 ....1. Printed 16 JUL 2013 10-X1MA Page 3 of 3 central library.16442 egm, ir", "PRI Fl Fl Pm" 1r", rag V, Fl WI gm, froj trig Ire, .apim, —esp -----rwir IF" z Preliminary Estimate, by estimates Barcom Commercial Inc.-Justin McComb BAIRLCOM Continer4lol,Inc. Barcom Commercial Inc. 2009 Corpus Christi,TX JOC-2009 Corpus Christi,TX JOC central library-16442 Justin McComb atorr,,jiistfirmaconth, ,.central Ebrary-site woric Division&enmity(MF04) 01-Genantliraiwnr%numb 63777.00 26-Electrical _ _ _. _._ 413= - — — — — -$77-rffi. 27-dommunicetiona — — _ _ .--__-_-__• ___-- __ _____—: $1K1M25 32iir:Wcitinic,..erftwtorliWond Sty .-- --* '— ----• •- --• _- _ i.A _ $804.44 .■.'1.1‘i7,11..1.1132ll1it...:*4l,ii,°..,f •.s=rm ti.ca.r. tuid■401111ilW re Miec — —17112W3332 3 21"--:W-nPi ol-wn-e—wnen s ran—--.- _ -----_--- - ••. P11001. - - .—_ . -.-._. •$ W2 MMaVie Tspora - --4_.,•— 4.80 71 : " aim)and Handling Equipment _: „ 4 -S, t "a="Kaition C113 -Equipment -— _..... .;op.'. - --- — _ • .• _ — 46 Water aster Ergapinent _12a. ,• ___ 40•Electric PoweratIon _ — _ — __ . — Alternates -- $4245.6b lia-del _ — _ — — ssemliW— MFOO`Bars Total(WILhot-irTota limieWmpominai) __ A28_,18.9.64 Y.^.4,9,. ""' .....9■91.... 0.0 At MOW/M.4W r ..., Totalling Components . 1:11'' 14-LID'4-3figl-- *24.124.84 2010 Corpus Christi JOC Non ced Multiphie4 (11.0000%), 6466.95 .... 1.t:7171,4,141-..T,Iiraj:.,...n 10i .;4/ 0011:r............,_ :f ..113i) "f6To OGraus Christi J 2.5L_i100%)___ --- .6-532.5t . _ ._ . 11. €717` 2 . . io Christi JOC Pernili (3. 6) _, SIMPJ 1Fr .00 24 Ui Chrifii JOC Pennit Peie.-(0-, . __ Material,Labor,and Equipment Totals(No Totalling Components) Priced/Nen-Priced Motorist 69,044,15 Total Priced Items: 28 $24,124.64 Labor: 615.039.53 Total Non-Priced items: 4 $4,245.00 14.96% Eaulomerit $3,992,81 -— - -- _ _ _ .. Ober: 3293.35 32 628,389.64 Lattomours: 203.50 Green Una ItsmasA $5,521.70 Grand Total $26,824.31 > -,0 6 a) o CD 3 0 ,-.0 rr, Z w 0 -a. Printed 18 JUL 20131aeim4 Page 1 1315 central library-16442 irli roil fon Uri Fri re, FPI rot Iry ragol rol go" roil rail Barcom Commercial Inc. Preliminary Estimate, by estimates Estimator'Justin McComb Totalling Component Details Description item Count Applicable Amount Applied Amount Applied Result Balance pm's Una Items 25 $24.124.64 $24,124.64 $24,124.64 Inoliofod Is Teat Yes Type. Toot Wear Form!Typik MFO4 Whim Told ROAM NM MANS(sans) — — — RSMearts CORPUS CHRISTI,TX CCI 201302,61.30% $24,124.64 (1E1.71300)% $(4,511.31) $10,613.33 Meludorl lo Tot Yu ; atiRote nloano te.toil) CORPUS 0,1W1.txcci 201302.al.30% etateras Mei on I ilarat'POW tin Met - - - _ 2010 Corpus Christi JOC Priced Multiplier $19,613.33 5.0000% $980.67 520.594.00 loolvaid In Too*Toe TT,Pr PM0111/96 Out**.Used "mid Ism lImmr,-RSIMaps CORPUS CHRISTI.TX COI PAIN' — — tionprIcsd Line items 4 $4,245.00 $4.245.00 524,839.00 16016140 UHL To Type Yawl,Mow Format Tyler MR View: TAM In:14w tko Primal Pitunott,Moot _ _ 2010 Corpus Christi JOC sospneirs MuItlphisr $4.245.00 11.0000% $466.95 $25,305.95 mummy'Tot*Yikr Type Porolnoolo SAVO Dana on 1 item'Nottorico4/ors ante 2010 Corpus Christi JOG Bond $25.305.95 2.9000% $632.65 525,938.60 WOW to Too*Too Type PORRIMIP IMMO 112266 en 6 MP='2010 COR616 CAIN 0 111,61~..'2010 Caw Chmli-10C Pdcsd Wapner,Voronma IMP tom'.'MO Um Imps.lOiMsons CORPUS CHRISTI,TX CO ICurimtr — —- —— 2010 Corpus Christi JOC Permit $25.305.95 3.5000% $885.71 $26,824.31 lacluM6 In TR*Tr Tops. Prating SARNO Neel on 1111•66:1010 Comm CM211.10C NoroMM2AepHor,"PM Comm CM'S JOC Piked P 1JW. C*1LM. .ns e Toted Lim nem..lteAuns CORPUS cHicru.TX Ca Ir-urm6r > 2010 Corpus Christi JOC Permit Fee $26.824.31 %PAW k1Tolar.To 71 a) loon Anna enamor Laroll Note:It appears that at least one of these totalling components is set to"Amount is at Estimate CD 3 C.31 Level". This can cause some of the Project totalling components that share the same (") characteristics to have the appearance of not adding up correctly on this detailed report page. Z Printed 16 JUL 2013 10:01AM Page 2 at 5 central library-16442 rmit irni ray rgv ril Iry irli ram rot rai ram Kr, r", ref gm, irog rig gm, rimy Barcom Commercial Inc. Preliminary Estimate, by estimates „ Estimator Justin McComb, , central library-'site work , kern Description UM Quantity Unit Cost Total Book 01 •General Requirements 1 0144-33-10-2650-2 Rant per day for concrete equipment rental,without operettas,saw,concrete.sell Ea. 1.0000 $98.50 $98.50 RSM1OFAC p propelled,gas.30 HP, E OW __. - --. --..... -- -- .-- •■■■.- .. .... ......' m ■. ... a,.Ka... no ... .,Q_ 2 01-5443.20-04504 Rant per month for earthwork equipment rental,without operators, Es. 1.0000 $3,162.50 $3.182.50 RPM FAC P backhoe-loader.5011.P..1-1/4 C.Y.capacity E. OiLP 3 01-54-38-50-0020 Mobil:ration,up to 25 mile haul distance,50 Wes round Mp for mobilization or Ea. W0000 s258.00 $516.00 RSiii0FAC p demobliLra0ori crew,dozer.loader,backhoe,excavator,grader,paver,roller.70 L E. Ow to 150 H.P. - ...„ . 01-General Requirements Total $3,777.00 02- Existing Conditions 4 02-41-19-23-0725 Selective dienollUon,rubbish handling.the following are to be added to the Week 1.0000 $770.00 $770.00 ROW VAC P demolition prices,dumpster.weekly rental,includes one dump per week,20 C.Y. 14 OW capacity.B tons - _ 02.Existing Conditions Total $770.00 03-Concrete 6 0348-05-10-0050 Selective demolition,concrete,excludes saw or torch cutting,loading,hauling or C.Y, 20.0000 5160,00 53.200.00 OSIONAC P dumping.break up into smeN pieces,average reinforcing I.E. 06P 8 03.11-1345.3050 Forme In pleas,slab on grade.Includes erecting.bradng,stripping and cleaning. SPCA 300.0000 $5.40 $1,620.00 RSMIOFAC P edge forms,wood,4 um,On grade,7"to 12"high ML OIP 7 03-1546-25-2000 Expansion Join*pionmaded,bituminous Ober,1/2•x r LF. 170.0000 51.95 $331.50 cue 1F AC p M L OW 9 03-21-05-10-3800 Reber accessories,subgrade chairs,04 bar head.3-1/2"high C 1,0000 $45.50 $45.50 risimoFAc p cm,M. OSP 9 03-21-10.50-0602 RaInfolving in clam GO to BO ton lois,A515 Grade 80.includes labor,but not Lb. 4.000.0000 51,04 $4.160.00 RSIOOFAC p maletial cost.10 install accessories,slab on pads,03 to 07 Gm.M.L OW ----- . ---- 10 03-21-10404002-200D Minton:Ma in place,unloading and sorting.add to above(Modified using Ton 2.0000 $101.00 lild4KIFAC p 03.21-10-60-21)00) Gon,L 5. OW ....- ......-- ---- -- ----- ................ ........ .... ..-.......norm ............... .......... ......■ ........... ••■•••.• .....m....... ,.......... .....■• ...weer• ?...:;:. 11 Oa/../040-2soo Reinforcing in place.50 to 80 ton lots,A615 Grade 60.dowels,smooth dowds. Es. 124.0000 SW50 $1,215.20 ROAWFAC P 1:3 n) 12*long.1/4"or 3/r diameter Om.14 t.. ow, csn = 12 03-21.10430-2610 Reinforcing In place,dowel sleeves for cast In piece concrete,2-part system. Ea. 125.0000 63.59 $481.25 RE6610FAC p CD 3 sleeve base,plastic.for 5/6"smooth dowel sleeve,fasten to edge form It L. OW C3) a) 12 03-31-05-3541w = Normel weight corn:Me,readYMIx.delivered.Includes local aggregate,sand. C.Y. 20,0000 $107.00 $2.140.00 REAMOFAC P 0 --... portland cement,and water.exckxles all eddithree and treatments,3000 PSI M. OW co z 11:5° 0 14 0341-05-70-4500 Placing concrete,Includes labor and equipment to place.strike offend C.Y. 20 0000 $16.75 $335.00 FISMIOFAC P -....„ consolidate,slab on grade,over fr thick.direct chute L E. OW Painted 16 JUL 2013 1t01AM Page 3 of 5 central library-18442 roil irs, riii ri rwi 1r ili or, roll roil roi root ram rgtot rill rely rat ros sr" ruil Barcom Commercial Inc. Preliminary Estimate, by estimates Estimator:Justin McComb .., , central library.site work 03-Concrete Item Description UM Quantity Unit Cost Total Book 15 03-35-29.30-0150 Finishing floors,finishing requires that concrete first be placed,struck off and S.F. 1,500,0000 $0.77 $1,155.00 RSIA10FAC p consolidated,basic finishing for various unspecified Network.bull float manual L. OSP float,and broom finish,with edging and Joints 16 03-39-23-13-0300 Chanties)compound membrane concrete curing,sprayed membrane curing C.S.F. 2.0000 115.90 531.80 RSA410FAC P compound M.L. OdP - .. •, -, • - .-- _ 17 0341-13-504400 Concrete floor and slab cutting,concrete slabs.mesh reinforcing,up to r deep L F. 150.0000 52.04 1308.00 R.S1M0FAC p 03•Concrete Total $1 5,102.25 09- Finial' ,* 18 0943-13-104540 kescalianeous brick flooring,payers.ir x 4",1-34r 10 14/4'thick.red Sifi. 16.0000 514.05 3224.80 ROMOFAC P 1.1.1. OdP • - -- ,„,_,.. 09-Finishes Total $224.80 31 - Earthwork 19 31-23-16.42-1550 Excavating,bulk bank measure,common earth piled.front end loader,wheel B.C.Y. 14.0000 $1.79 525.08 RSMIIFAC P mounted,1-1/2 C.Y.capacity=80 C.V.per hour LE, PIP remove existing material 20 31-234347.0100 General NI,spread dumped malarial,excluding compaction,by hand L.C.Y. 14.0000 $3750 $525.00 RSMIIFAC p L OAP 21 31-23-23-1740190 C.vaneralf)8,spread dumped material,excluding compaction.spread lilt from LC.Y. 14.0000 $4.27 55915 RSM11FAC P stockpile will doter 300 H• .,300'haul LE. OW 22 31-23-23-20-1312 Hauling.eiwaveted or borrow,loose cubic yards,excluding loading equipment. L.C.Y. 14.0000 $13.90 $104.60 itsuiorric P including hauling,walling,loading and dumping,time per cycle(wait,load,travel, t.C. PIP unload or dump end return).12 C.V.truck,50 MPH average,20 minute wait to load and unload,cycle 40 miles Hauling lo site the limestone base and asphalt 31-Earthwork Total $804.44 32- Exterior Improvements > .. ,-*- 23 32-01-1342-3040 Asphalt surface treatment,pavement overlay,polypropylene,8 ounces per S,Y„ S.Y. 5.0000 5260 $13.00 risro2rsc p "1".) 2) Ideal conditions M.L.E. OW a) 0 -..--- - --- ---- --- . .-- •- - - - - - Ca = 24 32-05-10-104350 Sidewalks,driveways and patios,excluding bast,tile thinset pavers.3/4"thick S.F. 240.0000 59.45 52288.00 RS1M2FAC P tis 3 M.L OdP - ---- -.-- - ---. ---- _ - -_ - - - -- .- - -. -. 25 32-06-10.10-9000 Skiewellus,driveways arid Folios.minimum labor/equIpment charge Job 1.0000 .$515.00 5515.00 esuitHic p ,...., 0 co Z 26 32-11-23-23-8990 Base course drainage layers,minimum labor/equipment charge Job 1.0000 $153.00 $153.00 PS102FAC P 0 I.. asp __,... Printed 16 JUL 2013 10:01A11+1 Page 4 of 5 central library-16442 ri irogi lei ell rig, lei rui rri rri ri eel rimy roil row rim" rim ram lei rim, Barcom Commercial Inc. Preliminary Estimate, by estimates Eiitimatiiii:Austlettccomb , ' central library-alto work 32.Exterior improvements item Description UM Quantity Unit Cost Total Book .... ......__... ....._ ._....... _ ...._ ....._. ._ ........ 27 32-18-13-13-0300 Cast In place concrete curbs and gutters,forms onlY,no concrete.concrete. L.F. 50.0000 59.10 $455.00 R.51412rAt P wood!cans.Er x is'.straight M.L. O&P 28 32-17-2344-0800 Pavement parking markings.lines on pavement parking stall,paint.white,4' Stall 3.0000 $14,05 $42.15 namiOrAC p wide SA L a OLP 32-Exterior improvements Total 53,448.15 Alternates 29 01843310260010 operator for consorts saw Each 1.0000 $400.00 $400.00 CUSTOM N --—* 30 02-12.34-58-7890-1 remove protect and reinstall book drop off EA 1.0000 5675.00 5575.00 cuST01.4 N M.L.E. B 31 0339231303001 bonding agent for concrete EA 1.0000 $150.00 51.50.00 custom N bonding agent for concrete 32 09439-1340-15004 metal handrail.2 call IF 20.0000 $151.00 53.020,00 custom N M.L. II —,....nme.,,,,.., ............. ,..•■■•■••••■•■■. ....es. '............... ,.... ..... * y...... o .,.... . ..rwr ......... •■■••■ 4._ Alternates Total - $4.245.00 --- Estimate Grand Total 26,824.31 -0 co c.) o CD 2 OD a' 2h -J oc, Z 0 Printed 16 JUL 2013 10:01AM Page 5 015 central library-16442 • PERFORMANCE BOND STATE OF TEXAS § BOND No. 105996844 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Barcom Commercial, Inc. of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ("Principal"), and Travelers Casualty and Surety Company of America , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), in the penal sum of ONE HUNDRED FIVE THOUSAND, TWO HUNDRED SEVENTY-SIX AND 46/100 U.S. Dollars ($ 105,276.46 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 10TH of DECEMBER, 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: CENTRAL LIBRARY ADA RAMP & ELEVATOR(CDBG) JOB ORDER CONTRACT(RFP 2012-02) PROJECT NO. E13070 TOTAL AMOUNT: $105,276.46 Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev.Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 9th day of January , 2014. PRINCIPAL SURETY Barcom Commercial, Inc. Travelers Casualty and Surety Company of America B �, �l (� By: u, as :� , ....�- B y: • I/ Attorney-in-fact C.A. McClure Title: ro ■C1Q4) ATTEST: Secretary Address: 5826 Bear Lane Address: 4650 Westway Park Blvd. Corpus Christi, 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 • s Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: - Keetch &Associates Address: 1718 Santa Fe St. (Physical Street Address) Corpus Christi,TX 78404 _ (City) (State) (Zip) Telephone: 361=883-3803 E-Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev.Date May 2011) Performance Bond Page 3 of 3 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOIJTTH RED BORDER • ,A. 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 St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 215018 Certificate No. 0 0 5 6 9 3 8 5 2 KNOW ALL MEN BY THESE PRESENTS: That 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 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 organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint C.A.McClure,Kelly J.Brooks,Kenneth L.Meyer,and Michelle Ulery of the City of Houston ,State of Texas ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 5th day of November 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.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company GASU,� 3,T,'pttro • "l�'II, p�RE 6 O�•M�NSG9 Ja!1NS4 �tV qNa ��,, wq�•c wry A,b, Or�p�'PO�4r6 Ci" °°row_°pW/ ,3‘.. @` 3 - b" O ° ° WCORPORAIED z attORP�RAT�. u' piORATf:P� HA9rFOro,l a��R�O m 1982 O 1977 '�� w° Z. - n a HARTFORD, t yb45+y r 1951 4^ � SEALfeo� oatSBTiLjD CCNN. i y` CaHH�/ � 1896 '� r� �� • S FIn1y,E`o `�S ANAa °1r•........*?+ `\\\ V� / AIN"r State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 5th day of November 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,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 1.9CPIFTR4_ In Witness Whereof,I hereunto set my hand and official seal. •TAA C My Commission expires the 30th day of June,2016. *►00800 * Marie C.Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity anti Guaranty.Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 9th day of January ,20 14 Kevin E.Hughes,Assistant Sec tary G I,SU,��t _py1t� `.• •lly,r F\RE D► NSfI,V�yOa�og1 C'r�y'+- a�ee �� G ,TP..........9 toRpoRA1tD m %• PORAT Z 1 9 8 2�c ; ' I y—'+s.�c cT�' a 1951.y �Ya *� e4 yY. � ip•.._....*�as ebt 'N+ai R►yf ':10" (14,7 Am, To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers'' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America,Travelers Casualty & Surety Company,Travelers Indemnity Company, Standard Fire Insurannce Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267)675-3000 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies,coverages,rights or complaints at.: Texas Department of Insurance P.O. Box 149104 Austin,TX 78714-9104 (800)252-3439 ATTACH THIS NOTICE TO YOUR BOND.This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code,effective September 1,2001. PAYMENT BOND STATE OF TEXAS § BOND No. 105996844 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Barcom Commercial, Inc. of the City of Corpus Christi , County of Nueces, and State of Texas, as principal ("Principal"), and Travelers Casualty and Surety Company of America , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of ONE HUNDRED FIVE THOUSAND, TWO HUNDRED SEVENTY-SIX AND 46/100 U.S. Dollars ($ 105,276.46 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 10TH day of DECEMBER , 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: CENTRAL LIBRARY ADA RAMP & ELEVATOR (CDBG) JOB ORDER CONTRACT(RFP 2012-02) PROJECT NO. E13070 TOTAL AMOUNT: $105,276.46 Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County. Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 9th day of January 2014. PRINCIPAL SURETY Barcom Commercial, Inc. Travelers Casualty and Surety Company of America BY: _I,~.. •47 aie/ Alai"i, By: Attorney-in-fact C.A. McClure Title: p s • ATTEST: '*-1)A A Secretary Address: 5826 Bear Lane Address: 4650 Westway Park Blvd. Corpus Christi, TX 78405 Houston, TX 77041 Telephone: 281-606-8400 Fax: 281-606-8436 E-Mail: alm(6southernamericanins.com (Rev.Date May 201 1) Payment Bond Page 2 of 3 • Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch &Associates Address: _ 1718 Santa Fe St. (Physical Street Address) Corpus Christi, TX 78404 (City) (State) (Zip) Telephone: _ 361-883-3803 E-Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BQRDER .A POWER OF ATTORNEY • TRAVELERS.J Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 215018 Certificate No. 0 0 5 6 9 3 8 5 1 KNOW ALL MEN BY THESE PRESENTS: That 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 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 organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint C.A.McClure,Kelly J.Brooks,Kenneth L.Meyer,and Michelle Ulery of the City of Houston ,State of Texas ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 5th day of November 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.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company "yam 1'4 I y,, GhSUq, ol,,-• `� \.F\0.E 6 4 0 \�`1r�Nf pj•�NS4q, gJp�TV 4Nps N1631niEEV Y V�"i-�,•W� G r .,9 'Or0.YON 91 4J:' ;�, 4\ 3 b" O y4 a��� INCORPORATED 6t m1 it 4 17(°p 441.4� „P 1932,, � O ` 1977 g W A,w� c^' I E n a HARTFORD, < J•HARfFOR�, � cfi'-aa r 1 1951 - ` / ° �`•.$EAL.,ie +SSEL;+i t, coNU. o sit caw+• /R m 1896 � NA f . ),M j a ■ N D 141 AtN F State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 5th day of November 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,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. f•IrrItc In Witness Whereof,I hereunto set my hand and official seal. *A �1� My Commission expires the 30th day of June,2016. 0AUBUG * Marie C.Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty-Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 9th day of January 20 14 Kevin E.Hughes,Assistant Sec tary ,_y+,r 1`ll y�. E\0.E��Very IN i.++""r.,y, tYA ".•��� r� G �r, 'apt ?r !y 1c�P�. N0sc< ,�NWSNpy �pF?."Ak0 5 (\ 4'4C !' �w mz .;4. tPOR.1rf P 14' PPORA (\: 9 �F 0 1982 0 �EDRATED:, rr 0..aa m• — W:co rf't^" :2 J. S 1 977 - 7i! ___ e : HARTFORD, HARTFORD, a " e. 2 1951 !a SEAL t`'l Y °P m CDNN. n ��CONN.Iy 1896 ba Na N1 ,�' tis c o.... :%aa tai y� � ! � a 4x ct� vj...r,�a- \ � •v ...... To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers) IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America,Travelers Casualty &Surety Company,Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267)675-3000 (267)675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages,rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin,TX 78714-9104 (800)252-3439 ATTACH THIS NOTICE TO YOUR BOND.This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202,Property Code,effective September 1, 2001. • PAYMENT BOND ' • 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 ONE HUNDRED FIVE THOUSAND, TWO HUNDRED SEVENTY-SIX AND 46/100 U.S. Dollars ($ 105,276.46 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 10TH day of DECEMBER , 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: CENTRAL LIBRARY ADA RAMP & ELEVATOR (CDBG) JOB ORDER CONTRACT (RFP 2012-02) PROJECT NO. E13070 TOTAL AMOUNT: $105,276.46 Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished 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. I (Rev. Date May 2011) Payment Bond Page 1 of 3 C • • Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 2 copies, each one of which shall be deemed an original, this the day of , 201 PRINCIPAL SURETY C By: By: Attorney-in-fact Title: ATTEST: Secretary C Address: Address: C Telephone: Fax: E-Mail: C (Rev. Date May 2011) Payment Bond Page 2 of 3 I 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 Address) (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 by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END I C I C Rev. Date May 2011 Payment Bond Page 3 of 3 C . . PERFORMANCE BOND 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 L , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), in the penal sum of ONE HUNDRED FIVE THOUSAND, TWO HUNDRED SEVENTY-SIX AND 46/100 U.S. Dollars ($ 105,276.46 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a E certain written contract with the City of Corpus Christi (OWNER), dated the 10TH of DECEMBER, 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: CENTRAL LIBRARY ADA RAMP & ELEVATOR (CDBG) JOB ORDER CONTRACT (RFP 2012-02) E PROJECT NO. E13070 TOTAL AMOUNT: $105,276.46 Li Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does Ehereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 E 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 rr 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 , 201 PRINCIPAL SURETY By: By: Attorney-in-fact Title: ATTEST: Secretary Address: Address: I I Telephone: Fax: E-Mail: (Rev. Date May 2011) Performance Bond Page 2 of 3 C . . • Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Agency: C Address: (Physical Street Address) (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 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 C I C I (Rev. Date May 2011) Performance Bond Page 3 of 3 I I tiff SUPPLIER NUMBER TO BE ASSIGNED BY CI I Y PURCHASING DIVISION trokowir City of CITY OF CORPUS CHRISTI Corpus Chnsti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Barcom Commercial, Inc. P.O.BOX: STREET ADDRESS: CITE/ ZIP: 5826 Bear Lane STATE Corpus Christi, TX 78415- FIRM IS: I. Corporation © 2. Partnership 3. Sole Owner ❑ 4. Association • 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A sms f 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each"board member"of the City of Corpus Christi having an`ownership interest" constituting 3%or more of the ownership in the above named"firm." ir. Name Board,Commission or Committee N/A r 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." N/A m Consultant Irlll fli . • Ir Ili F"! iii FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action ptiv will have on members of the public in general or a substantial segment thereof,you shall disclose that fact ilifi in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement. that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Elaine R. Hoffman Title: President a IT%pc or Print) Signature of Certifying t'/1,, 7 1 Date: Person: i Q/Z,t.n'ri ..''{'r':k.'ii. October 24, 2012 v. 1 DEFINITIONS IP it a. "Board member." A member of any board, commission, or committee appointed by the City M Council of the City of Corpus Christi,Texas. iii b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof W c. "Employee." Any person employed by the City of Corpus Christi. Texas either on a full or part- MAN time basis,but not as an independent contractor. r d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint ile stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. r iii e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. iii f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. r I. r 6 t t c f AC D CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) L..---' 1/9/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Renee Terrell Swantner&Gordon Ins.Agency (acc.Nr o.Ext):361-883-1711 iac,No):361 844 0101 A Higginbotham Company P.O. Box 870 E-MAIL ss:rterrell s 1ns.com Corpus Christi TX 78403-0870 INSURER(S)AFFORDING COVERAGE i NAIC# INSURER A:Valley Forge Insurance Company I 0: INSURED BARCO6 INSURER B:Continental Insurance Company _ - 2:• Barcom Construction, Inc. INSURER C:Commerce&Industry Insurance Co 19410 Barcom Commercial, Inc. INSURER D:Westchester Fire Insurance Company X21121 5826 Bear Lane Corpus Christi TX 78405 INSURER E:Continental Casualty Company 20443 INSURER F: COVERAGES CERTIFICATE NUMBER:1027521920 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I S LTR TYPE OF INSURANCE N W SR VD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) LIMITS E GENERAL LIABILITY C4034064756 9/12/2013 9/12/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED _PREMISES(Ea occurrence) $100,000 J CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 j GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X JE LOC $ B AUTOMOBILE LIABILITY 9/12/2013 /12/2014 COMBINED SINGLE LIMIT C4034064790 (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NO PROPERTY DAMAGE $ HIRED AUTOS AUTON O-S WNED (Per accident) $ C X UMBRELLA LIAR X OCCUR 8E33076623 9/12/2013 9/12/2014 EACH OCCURRENCE $15,000,000 EXCESS LIAB I CLAIMS-MADE AGGREGATE _ $15,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION WC434064773 9/12/2013 9/12/2014 X WC STATU- TORY LIMITS OTH- ER AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? Y N I A --- ---- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $1,000,000 D Builders Risk 121081838002 10/12/2013 10/12/2014 Location $7,000,000 Occurrence $10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Please see attached addendum for additional policy and coverage information. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Department of Engineering Svcs;Attn: Contract Adm P.O. Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 cis..„,, P. j ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BARCO6 LOC#: ACS ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Swantner&Gordon Ins.Agency Barcom Construction, Inc. Barcom Commercial, Inc. POLICY NUMBER 5826 Bear Lane Corpus Christi TX 78405 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Contractors General Liability Extension Endorsement G-18652-J 07/12). The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. (Blanket Additional Insured-Owners, Lessees or Contractors-With Products-Completed Operations Coverage-Form G-140331-D 01/13). The General Liability policy includes a primary&non-contributory provision only when there is a written contract between the insured and certificate holder that requires such provision.(Blanket Additional Insured-Owners, Lessees or Contractors-With Products-Completed Operations Coverage-Form Form G-140331-D 01/13). The Auto Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Contractors Extended BA Plus Coverage Endorsement-Form CNA63359XX 04/12). The Auto Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. (Texas Additional Insured- Form CA2048 02/99). The Workers'Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Texas Waiver of Our Right to Recover from Others Endorsement-Form WC 42 03 04 A 01/00). Executive Officers, David&Elaine Hoffman, are excluded under the Workers'Compensation policy. (Partners, Officers and Others Exclusion -Form WC420308 01/97). The Umbrella policy follows the terms, definitions, conditions&exclusions of the Scheduled Underlying General Liability,Auto Liability and Employers Liability Insurance. (Umbrella Prime Commercial Umbrella Liability Policy with Crisis Response-Form 80517 11/09). Contractors Professional/Pollution Liability policy info: Columbia Casualty, Policy#CZB288296539, 11/14/13-14$1,000,000 Each Claim/ $2,000,000 Aggregate. Employee Theft policy with Travelers Casualty&Surety Company of America, Policy# 105677128, 09/12/13-14, $1,000,000 Per Occurrence Limit. The Workers'Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. (Texas Notice of Material Change Endorsement-Form WC 42 06 01 07/84). The General Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. (Texas Changes-Amendment of Cancellation Provisions or Coverage Change-Form CG 02 05 12/04). The Auto policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. (Texas Cancellation Provision or Coverage Change Endorsement-Form G300660A 06/08). The Builders Risk policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. (Additional Interests Endorsement-Form ACE0467 05/09). RE: Project No. E13070 Central Library ADA Ramp&Elevator ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CA BLANKET ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS-- WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE It Is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract"per Paragraph A. below.) Locations of Covered Operations (As per the"written contract', provided the location is within the"coverage territory"of this Coverage Part.) A. Section II-Who Is An Insured Is amended to include as an additional Insured: 1.Any person or organization whom you are required by"written contract"to add as an additional Insured on this Coverage Part;and 2.The particular person or organization, if any, scheduled above. B. The insurance provided to the additional Insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for"bodily Injury","property damage", or"personal and advertising injury"caused in whole or in part by; a. Your acts or omissions,or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified In the"written contract";or b. "Your work"that Is specified In the"written contract"but only for"bodily Injury"or"property damage" included in the`products-completed operations hazard", and only if: (1)The"written contract"requires you to provide the additional Insured such coverage; and (2)This Coverage Part provides such coverage. 2. If the"written contract"specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010(aka CG 20 10 10 01), or via the 10101 edition of CG2037(aka CG 20 3710 01),or via the 11/86 edition of CO2010(aka CG 2010 11 85),then in paragraph B.1, above,the words'caused in whole or in part by'are replaced by the words`arising out of. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the"written contract"; c. That described in B.1.above;or d. That afforded to you under this policy, whichever is less. G-140331-D(Ed. 01/13) Policy No: 04034064756 Page 1 Endorsement No: Effective Date: 09/12/13 Insured Name: Barcom Construction, Inc. 0 CNA AE Rights Reserved. 4 • • I 4. Notwithstanding anything to the contrary in Condition 4.Other Insurance(Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess,contingent or any other basis. But if required by the"written contract"to be primary and non-contributory,this Insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to"bodily injury", "property damage",or "personal and advertising Injury"arising out of: a. The rendering of,or the failure to render, any professional architectural, engineering,or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps,shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications;and (2) Supervisory, inspection, architectural or engineering activities;or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION iV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as fotows: 1. The Duties In The Event of Occurrence,Offense,Claim or Suit condition is amended,to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an"occurrence"or an offense which may result in a clam or"suit"under this insurance, and of any claim or"suit"that does result; (2) Except as provided in Paragraph B.4.of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense,or settlement of the claim or"suit"; and (4) Tender the defense and indemnity of any claim or"suit"to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part, But If the"written contract"requires this insurance to be primary and non-contributory,this provision(4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit". D. Only for the purpose of the Insurance provided by this endorsement, SECTION V--DEFINITIONS is amended to add the following definition: "Written contract"means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement; 1. Is currently in effect or becomes effective during the term of this policy; and 2.Was executed prior to: a.The"bodily injury"or"property damage";or b The offense that caused the"personal and advertising injury", for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the policy remain unchanged. This endorsement,.which forms a part of and is for attachment to the Policy Issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date Is shown below,and expires concurrently with said Policy. Material used with permission of ISO Properties, Inc G-140331-D(Ed.01/18) Policy No; Page 2 Endorsement No: Effective Date: Insured Name: 0 CNA M Rights Reserved. • , , , . s , CNA CONTRACTORS'GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage,please refer to the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds — Seven additional Insured extensions. 2. Bodily Injury—Expanded Definition _ _ 3. Broad Knowledge of Occurrence/Notice of Occurrence T 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To"Your Product"And"Your Work" Limit:$100,000. • 6. Contractual Liability—Railroads ______ Expanded definition of'insured contract". 7. Contractual Liability For Personal And Advertising Injury — 8. Electronic Data Liability Loss of Electronic Data Limit:$100,000. 9. Expanded Personal And Advertising Injury-Discrimination Or Humiliation 10. Expected Or intended Injury Reasonable force—"bodily injury"or"property damage". 11. General Aggregate Limits Of Insurance-Per Project —__ 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage _ • 14. Joint Ventures/Partnership/Limited Liability Companies Coverage for your interest in such terminated or ended organizations. 15. Legal Liability/Alienated Premises/Borrowed Equipment Coverage +'^ Extended perils. Default limit increased to$500,000 for Damage to Premises Rented To You. $25,000 limit for"property damage"to borrowed tools or equipment at a Jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension — 1$. Medical Payments -�— Limits Increased to$15,000. Reporting increased to three years from the date of accident. 19. Non-owned Aircraft Coverage - 20. Non-owned Watercraft _� Increased to 75 feet. 21. Primary And Non-Contributory To Other Insurance W_ 22. Property Damage_-Elevators _ �-- 23. Supplementary Payments Cost of bail bonds Increased to$5,000. Daly loss of earnings increased to$1,000. iUnintentional Failure To Disclose Hazards 25. Waiver of Subrogation-Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap-Up Extension ______` G-18652-J(Ed 07/12) Policy No: C4034064756 Page 1 Endorsement No: Effective Date: 09/12/13 Insured Name: Barcom Construction, Inc. CNA M Rights Reserved. r CNA 1. ADDITIONAL INSURED SECTION II—WHO IS AN INSURED is amended to include as an insured any person or organization(called additional insured)described in paragraphs A.through G. below whom you are required to add as an additional Insured on this policy under a written contract or written agreement, provided the written contract or written agreement: t.,,,_,Is currently In effect or becomes effective during the term of this policy; and IL_Was executed prior to the"bodily injury,""property damage"or"personal injury and advertising injury"for which the additional insured seeks coverage. However,we will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. The maximum permitted by law; b. Required in the written contract or written agreement; c. Afforded to you under this policy;or d. Described in the applicable paragraphs A.through E. below. A. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own,maintain or control while you lease or occupy these premises. This Insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but.only with respect to the co-owner's liability as co-owner of such premises. C. Lessor Equipment 1. Any person or organization from whom you lease equipment,but only with respect to liability for"bodily injury', "property damage"or"personal and advertising injury"caused, in whole or In part, by your maintenance,operation or use of equipment leased to you by such person or organization. 2. With respect to the insurance afforded to these additional insureds,this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. D, Lessor-Land An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership,maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This Insurance does not apply to: 1. Any"occurrence"which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. E. Lessor Premises A manager or lessor of premises but only with respect to liability arising out of the ownership,maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This Insurance does not apply to: G-18652-J (Ed 07112) Policy Nc: Page 2 Endorsement No; Effective Date: Insured Name: 0 CNA All Rghts Reserved. • 1 POLICY NUMBER: C4034064790 1 colafMERcIAL AUTO l CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM - TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement Identifies person(s)or organization(s)who are"Insureds"under the Who Is An Insured Provision of the Coverage Form.This endoreernent does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the Inception date of the policy unless another date is Indicated below. Endorsement Effective: 09/12/13 Countersigned Sy:7" Named Insured: Earcom Construction, Inc. it, Alib.:,. zed R-,re;entative SCHEDULE Nome of Person(e)or Organization(s): ." ANY PERSON OR ORGANIZATION WHXCA XS V m REQUIRED m0 DV NAMED AS P. RESULT Ux' 8 A WRITTEN CONTRACT WITH YOU Of no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an'insured"for Liability Coverage,but only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured Provision contained in Section II of the Coverage Form. h N rte. Eg MOM Ma l CA 20 48 0299 Copyright,Insurance Services Office,Inc., 19913 Page 1 of 1 Barcom Construction, Inc. Policy: C4034054790 Effective Date: 09/12/13 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An insured The following Is added to Section II,Paragraph A.1.,Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form;provided that, b. The insurance afforded by this provision Al. does riot apply to any such entity that is an"Insured" under any other liability"policy"providing"auto"coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date,whichever is earlier. b. Does not apply to: (1) "Bodily Injury"or"property damage" caused by an"accident"that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person,who qualifies as an "insured"under Section II—Who Is An insured and for whom Liability'Coverage is afforded under this policy. If required by written contract, this Insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An"employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. • "Policy," as used in this provision A. Who Is An Insured, Includes those policies that were in force on the Inception date of this Coverage Form but: 1. Which are no longer in force;or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section 9, Paragraphs A.2.(2)and A.2. (4)are revised as follows: 1. In a.(2),the limit for the cost of bail bonds is changed from $2,000 to$5,000; and 2. In a.(4),the limit for the loss of earnings is changed from$250 to$500 a day. C. Fellow Employee • Section Ii, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible Insurance. IL PHYSICAL DAMAGE COVERAGE A. Glass Breakage-Hitting A Bird Or Animal-Falling Objects Or Missiles The following is added to Section 111, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired,in a manner acceptable to us,rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a.Is revised,with respect to transportation expense incurred by you,to provide: a. $60 per day, In lieu of$20;subject to b. $1,800 maximum, in lieu of$600, C. Loss of Use Expenses Section III, Paragraph A.4.b.Is revised, with respect to loss of use expenses Incurred by you,to provide: a. $1,000 maximum, in lieu of$600. D. Hired "Autos" The following Is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto"you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or"loss" is the actual cash value, cost of repair,cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to"loss"caused by fare or lightning. d. The physical damage coverage as is provided by this provision Is equal to the physical damage coverage(s)provided on your owned "autos." e. Such physical damage coverage for hired"autos"will: (1) Include loss of use, provided it is the consequence of an"accident"for which the Named insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of$750 per"accident." E. Airbag Coverage The following is added to Section IIi, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. P. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d.are deleted and replaced by the following: _ c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including Its antennas and other accessories. d. A$100 per occurrence deductible apples to the coverage provided by this provision. G. Diminution In Value The following is added to Section Ill, Paragraph 8.6.:. Subject to the following,the"diminution in value"exclusion does not apply to: a. Any covered "auto"of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less,while performing duties related to the conduct of your business;and • b. Any covered"auto"of the private passenger typo hired or rented by your"employee"without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission,while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs;or the installation of substandard parts. d. The most we will pay for"loss"to a covered"auto"in any one accident is the lesser of: (1) $5,000;or (2) 20%of the"auto's"actual cash value(ACV), Drive Other Car Coverage—Executive Officers The following is added to Sections II and III: 1. Arty"auto"you don't own, hire or borrow is a covered "auto"for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your 'executive officers," except: a. An"auto"owned by that"executive officer"or a member of that person's household;or b. An "auto" used by that "executive officer"while working In a business of selling, servicing, repairing or parking"autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered"auto";and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer"means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such"executive officers"are"insureds"while using a covered "auto"described In this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident,Claim,Suit Or Loss The following is added to Section IV,Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or 'loss." This will not mean that you have such knowledge, unless such "accident"or"loss" is known to you or if you are not an individual,to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your"employees" may know of documonts received concerning a claim or"suit."This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual,to any of your executive officers or partners or your insurance manager. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5.Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an"accident"or"loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the dale of inception of this Coverage Form shall riot prejudice you with respect to the coverage afforded proviced such failure or omission is not Intentional. D. Other Insurance The following Is added to Section IV, Paragraph B.5.: • Regardless of the provisions of Paragraphs 5.a. and 5.d, above, the coverage provided by this policy shall be on a primary non-contributory bass.This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident"or"Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B.7.(5).(a).is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. Paragraph C. Is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. • I I I , Barcom Construction, Inc. POLICY NUMBER: C4034064756 COMMERCIAL GENERAL LIABILITY Effective Date: 09/12/13 CG92051204 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. TEXAS CHANGES -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change 10: SCHEDULE 1. Names 'Per schedule on file ' Address: Canoellaion notification to the above entitles will not apply to cancellat on fox non payment of prema� !F (h:R•1 ���� •tir•.f'r.'fr•�ir� ;oho Information r:•uired to com4 eta ih. Schedu< if not shown above will be shown In the Declarations. ViPrw EMM yozooloice8.0 msmat NEM CO 02 0512 04 Copyright,ISO Properties,Inc.,2003 Page 1 of 1 1 CNA Ca-3OO660-A (Ed.06108) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CHANGES- NOTICE OF CANCELLATION OR MATERIAL CHANGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective 09/12/13 Policy Number C4034 0 6 4 7 9 0 aor a / Named Insured Counterst / Barcom Construction, Inc. gnedby AVMPAIIN"iii In the event of cancellation or material change that reduces or restricts the Incur• ce afforded by this Coverage Part,we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1.Number of days advance notice: 30 M 1 2.Name: 30 DAY NOTICE OP CANCELLATION APPLIES ti S.Address: TO PER LIST MAINTAINED ON FILE BY COMPANY EMN I N G-300860-A Page 1 of 1 (Ed.06/08) • • j WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 Q1 (Ed.7.84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas Is shown In Item 3.A. at the Information Page, In the event of cancellation or other material change of the policy, we will mail advance notice to the person or • organization named in the Schedule.The number of days advance notice is shown In the Schedule. This endorsement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 V 2. Notice will be mailed to: 30 DAY NOTICE OP CANCELLA?ZON APPLIES TO ALL ENTITIES ON LIST MAINTAIN= ON PILE BY COMPANY. sox II] ssfl This endorsement changes the pduoy to which It is attached and Is effective on the date Issued unless otherwise staled. (The information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endcrsemertt Eftnctivo 09/12/13 Polley No. W C 4 3 4 0 6 4 7 7 3 Endonement No. "VV/ mea insured Barcom Construction, Inc. Premium$ s� Wrii Insurance Company MOM Countersigned by WC 420601 (Ed.744) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A (Ed.1-00) TiFXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHEI &ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown In item 3.A. of the Information Page, We have the right to recover our payments from anyone liable for an Injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract b obtain this waiver tom us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( }Specific Waiver Name of person or organization (X')Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations;ALL TEXhg L0C TXONA AND OTyM TIONl 3. Premium The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium an SCTIn S This endorsement changes the policy ti)which It lo attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 09/12/13 I oWoy No. W C 4 3 4 0 6 4 7 7 3 / Endorsement No. Insured Barcom Construction, Inc. ,/ Premium$ insurance Company Gowitersigned by____Toossk4:2 WC 42 03 04 A ✓/ (Ed. 1-oa)