Loading...
HomeMy WebLinkAboutC2014-092 - 4/29/2014 - NA 45k-,4-171-1Am. 2014-092 SPECIAL PROV I S I ON 4/29/14 Barcom Commercial Inc. SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR BARGE DOCK IMPROVEMENTS - EXCAVATION J . O . C . FOR CAPITAL PROGRAMS CITY OF CORPUS CHRISTI, TEXAS PHONE: 3618261965 FAX: 3618261971 AND DEPARTMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/826-3587 FAX: 361/880-3501 - 1 \` IPROJECT NO: E03426 IDRAWING NO: 0 RI BARGE DOCK IMPROVEMENTS - EXCAVATION W PN: E03426 (Revised 6/27/99) Table of Contents MO NOTICE TO CONTRACTORS - A (REVISED MARCH 2009) Insurance Requirements tp NOTICE TO CONTRACTORS - B ig Worker's Compensation Coverage for Building or Construction Projects for Government Entities. Pf I PART A - SPECIAL PROVISIONS A 1 Time and Place of Receiving Proposals/Pre-Bid Meeting Fiti A-2 Definitions and Abbreviations 6 A-3 Description of Project A-4 Method of Award/Explanation of Bid Items A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A 8 Faxcd Proposals A 9 Acknowledgment of Addenda kg A-10 Wage Rates A-11 Cooperation with Public Agencies 1: A-12 Maintenance of Services A 13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking I: A-16 Disposal/Salvage of Materials A 17 Field Office NOT USED A-18 Schedule and Sequence of Construction I: 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 25 Sales Tax Exemption (NO LONCER APPLICABLE) (6/11/98) 1: A-26 Supplemental Insurance Requirements v A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders 1: A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents I: A-36 Other Submittals A 37 Amended "Arrangement and Charge for Water Furniohed by the City" (NOT USED) A-38 Worker's Compensation Coverage for Building or Construction Projects for 1: Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates Rif A 41 Ozone Advicory is A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) ro A-45 As-Built Dimensions and Drawings iiii A 46 Disposal of Highly Chlorinated Water (7/5/00) (NOT USED) 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 5'1 Dcwatcring and Disposal (NOT USED) PART B - GENERAL PROVISIONS 3 PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART D FEDERALLY REQUIRED Ll NCUACE 1 PART S - STANDARD SPECIFICATIONS 1 - 010000-T MOBILIZATION AND BONDS 3 2 - 021080-T REMOVING OLD STRUCTURES 3 - 022020-T EXCAVATION AND BACKFILL FOR UTILITIES AND SEWERS 4 - 022022-T TRENCH SAFETY FOR EXCAVATIONS 5 - 022100-T SELECT MATERIAL 6 - 025200-T SUBGRADE PREPARATION 7 - 025205-T REMOVINB AND REPLACING PAVEMENTS 8 - 030020-T PORTLAND CEMENT CONCRETE 9 - 032020-T REINFORCING STEEL 10- 038000-T CONCRETE STRUCTURES EXHIBITS LIST OF DRAWINGS 1 SHEET 1 OF 3 BULKHEAD, TIE BACK, DEADMAN, & TIMBER PILE EXCAVATION LAYOUT EXHIBIT 2 SHEET 2 OF 3 BULKHEAD, TIE BACK, DEADMAN, & TIMBER PILE EXCAVATION DETAILS 3 SHEET 3 OF 3 BULKHEAD, TIE BACK, DEADMAN, & TIMBER PILE EXCAVATION REPAIR DETAILS NOTICE AGREEMENT PROPOSAL PERFORMANCE BOND PAYMENT BOND DISCLOSURE I E E NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS E 1: NOTICE TO CONTRACTORS - A 1: 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 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 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY -- OWNED NON-OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WHICH COMLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT $2,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ 1: ENVIRONMENTAL IMPAIRMENT COVERAGE. Not limited to sudden & accidental El REQUIRED discharge; to include long-term enviornmental impact for the disposal ❑ NOT REQUIRED of contaminants. See Section b-6-11 and Supplemental Insurance requirements BUILDER'S RISK ❑ REQUIRED 0 NOT REQUIRED See Section b-6-11 and Supplemental Insurance requirements INSTALLATION RISK ❑ REQUIRED II NOT REQUIRED L PAGE 1 OF 2 C The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. 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 1: 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. 1: Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826-3500. 1: 1: C1: 1: 1: 1: C I C I I PAGE 2 OF 2 C e c NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE REQUIREMENTS c e c c E L L C C C C C C 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 1: (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 1: shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) --A copy of a certificate of insurance, a certificate authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-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. 1: (2) Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e) (1) . (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44) . (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC- 83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing " workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the �1 project until the work on the project has been completed and accepted by the governmental entity. 1: (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act) -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 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. Page 1 of 8 (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of •classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; Page 2 of 8 (4) obtain from each person providing services on a project, and provide to the governmental entity: 1: (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; 1i (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, 1: 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; 1: (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy 1: 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 1: provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (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 of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: 1: (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; 1: (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 3 of 8 C I (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 4 of 8 I 1: (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: 1: (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 1: change that materially affects the provision of coverage of any person providing services on the project; and 1: (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. 1: (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, 54 (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, 5406.097 (a) (as added by House Bill 1089, 74th Legislature, 1995, 51.20) . 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 I L I Page 5 of 8 I 11 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. " "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. " I I I 11 11 I I I I Page 6 of 8 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' 1: 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 1: 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 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 1: 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 1: 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 1: 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. Page 7 of 8 I I 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 3 the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7) , with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission 's Division of 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. 3 Page 8 of 8 3 I BARGE DOCK IMPROVEMENTS - EXCAVATION PN: E03426 SECTION A - SPECIAL PROVISIONS Scaled proposals will be received in conformity with the official advertisement inviting bids for thc project. Proposals will be received in thc office of thc City Secretary, located on the first floor of City Hall, 1201 Leopard Strcct, 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 ATT`N:BID PROPO " A 1: A pre bid meeting will be held on INSERT DAY HERE—INSERT DATE HEREe ERT 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 ' discussion of the project elements. If requested, a site visit will follow. . . A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern A-3 Description of Project Saw cut and remove concrete pavement in 2 locations Removed existing sub-base to depth as shown on plans and reuse Use sump pump to pump water from excavated area to nearest storm box After investigation work is complete, the excavated area will be backed filled with existing material Concrete will be placed at excavated areas in accordance with the plans Set up and maintain temp fence around excavated area Ground water discharge permit Proposal is for 2 locations A-4 Method of Award The contract is awarded as a Job Order Contract (J.O.C. ) and prices established through the use of RSMeans cost pricing. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: CONTRACT (JOC) (A Cashier's Chcck, ccrtificd chcck, money ordcr or bank draft from any Statc or 2. Disclosure of Interests Statement 3. Submittal of Materials No Section A-SP (revised 12/15/04) Page 1 of 22 A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 56 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxcd Propoaala contain original signatures and guaranty and be submitted in accordance with Section B 2 of thc General Provisions. space provided in thc proposal. Failure to do co will be interpreted as non receipt. Sinee-addenda can lac agRifIcant impact on the proposal, failure to aeknowlodge receipt, and a subsequent interpretation of non receipt, could have an adverse effect when determining thc lowest responsible bidder. Section A-SP (revised 12/15/04) Page 2 of 22 A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for HEAVY In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. 1: 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 Participation Policy for additional requirements concerning the proper form and content of the payroll submittals. ) 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. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours. ) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using 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 listed. City Engineer 361-826-3500 Project Manager 361-826-3550, 826-3587 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 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) 1: CAPROCK (Fiber Optic) 512-935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 Section A-SP I (revised 12/15/04) Page 3 of 22 C 11 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 31 encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc. ) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the 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. Sufficient traffic control measures must be used to assure a safc condition and to provide a minimum of inconvenience to motorists and thc public. The Contractor will be required to schedule his operations so as to ausc minimum adverse impact on thc accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, ctc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. 1/ All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor A-14 Construction Equipment Spillage and Tracking NOT USED The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. Section A-SP (revised 12/15/04) Page 4 of 22 31 C 1: The excavated areas bchind curbs and adjacent to sidewalks and driveways must bc filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with recd/sod and fertilizer. The dirt must bc free of debris, ealiche, asphalt, concrctc and any other matcrial that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., arc to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials NOT USED Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted 1: material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. 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 be air conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or 1: 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 The Contractor shall submit to the City Engineer a work plan based only on CALENDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: Li. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5• Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. 1: L Section A-SP (revised 12/15/04) Page 5 of 22 C 11 A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and gradc to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer 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 manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certifi ation for documentation and verification of compliance with the Contract Documents, plans and specifi ,ations. Said compliance certifi ation shall be provided and prepared by a Third arty independent Registered Professional Land Survey (R.P.L.S. ) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify 1/ 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 sides of street on a 200' interval; Street crowns on a 200' interval and at all intersections. Wastewater: All rim/invert elevations at manholes; All intersecting lines in manholes; Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Water: - All top of valves box; - Valves vaults rim; Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Stormwatcr: All rim/invert elevations at manholes; All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Section A-SP (revised 12/15/04) Page 6 of 22 11 1: A-20 Testing and Certification 1: 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. Thc Contractor must furnish and install 1 Projcct signs as indicated on thc following drawings. (Attachment IV) The signs must bc installed bcforc construction begins and 1: will bc maintained throughout thc Project period by thc Contractor. Thc location of thc signs will bc determined in thc field by the City Engineer. 1: A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the 1: performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b' Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned 1: (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. 1: (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 1: minority person(s) . (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s) . Section A-SP 1: (revised 12/15/04) Page 7 of 22 I 11 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise : A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business I/ Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation(Percent) 45% 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. 1/ 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. I Section A-SP (revised 12/15/04) Page 8 of 22 I 1: b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is 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. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follow; "No surety will be accepted by the City from any Surety Company who is 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 requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." C I Section A-SP (revised 12/15/04) Page 9 of 22 I I Scction B-6 22, Tax Exemption Provision, is dcictcd in its entirety and the following substituted in lieu thereof. Contracts for improvements to real property awarded by the City of Corpus Christi do not qualify for exemptions of Sales, Excise, and Use Taxes unless the Contractor elects to operate under a separated contract as defined by Section 3.291 of Chapter 3, Tax Administration of Title 34, Public Finance of the Texas Administrative Code, or such other rules or regulations as may be promulgated by the Comptroller of Public Accounts of Texas. If the Contractor elects to operatc under a separated contract, he shall: 4— Obtain the necessary sales tax permits from the State Comptroller. :111 4, Charges" in the proposal form the cost of materials physically incorporated into the Project. 4— Provide resale certificates to suppliers. Provide the City with copies of material invoices to substantiate the proposal value of materials. If the Contractor does not elect to operatc under a separated contract, he must pay for all Sales, Excise, and Use Taxes applicable to this Project. Subcontractors are 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/ 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. Section A-SP (revised 12/15/04) Page 10 of 22 I C 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: 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 ("0 fault of the City, its agents, servants, or employees or any person indemnified hereunder. — ...--•--me _• - -- aragraph (a) Ccncral Liability of Scction B 6 11 of thc Ccncral Provisions is amended to include: Contractor must providc Buildcr'o Riok or Installation Floator insurancc covcragc for thc term of thc Contract up to and including the date the City finally accepts the Project or work. Buildor'o Riok-or Inotallation Floator covcragc must be an "All Risk" form. Contractor must pay all costs necessary to procure such Buildcr'3 Riok or Inotallation Floater insurance covcragc, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. = * • To allow theCityEngineerto determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the -City Engineer may require a bidder to provide documentation concerning: 1, Whcthcr any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the limn, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien hac not bccn released, the bidder shall state why the claim has not bccn paid; and 1: Whcthcr there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not bccn paid. I: statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. 1 Section A-SP (revised 12/15/04) Page 11 of 22 I I A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures The superintendent shall be present, on the job site, at all times that work is being performed 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this 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. Undcr "General Provisions and Requirements for Municipal Construction Contracts" Section B 3 1 Consideration of Contract add the following tcxt: Within five (5) working days following the public opening and r ading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: l- A list of the major components of the work; 4, A list of the products to be incorporated into the Project; 4, A schedule of values which specifics estimates of the cost for each major component of the work; 4, A schedule of anticipated monthly payments for the Project duration. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said Section A-SP (revised 12/15/04) Page 12 of 22 1: Contractor has not completed his evaluation of which subcontractor will perform thc work. perform work on thc Project. The Contractor shall obtain written approval by thc If thc City Engineer docs not approve all proposed subcontractors, it may rescind 1: thc Contract award. In thc event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City I: o approve any substitute or rcpla --- prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon (: which to annul the Contract pursuant to Section B 7 13; '7— A preliminary progress schedule indicating relationships between the major 1: components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; $_ Documentation required pursuant to the Special Provisions A 28 and A 29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. s, Documentation as required by Special Provision A 35 K, if applicable. 10. Within five (5) days following bid opening, submit in latter form, information identifying typo of entity and otato, i.o. , Texas (or othor otato) Corporation or rartnorohip, and namo(o) and Titlo(s) of individual(o) authorized to execute contracto on behalf of paid entity. A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Capital Programs 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. 1: 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. 1: 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 Section A-SP 1: (revised 12/15/04) Page 13 of 22 I A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable) , construction plans, referenced 31 specifications, Standard Specifications, and General Provisions, in that order. I -- Visitor/Contractor Orientation Prior to performing work at any City water facility, the Contractor, his subcontractors, and each of their employees must have on their person a valid card certifying their prior attendance at a Visitor/Contractor Safety Orientation Program conducted by the City Water Department Personnel. A Visitor/Contractor Safety Orientation Program will be offered by authorized City Water Dcpartmcnt personnel for those 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 Attachmcnt 1 B, 9222ate-nk The Contractor shall not start, oporato, or atop any pump, motor, valve, equipment, switch, broakor, control, or any other item related to City water facility at any time. All such items must bo operated by an operator or other authorized maintenance employee of the City Water Dcpartmcnt. G, 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 I/ site and shall coordinate its work with the City Water Dcpartmcnt to protect the quality of the water. Conformity :tb rv8T aaan and G1 All materials and equipment used in the repair, r assembly, transportation, reinstallation, and inspection of pumps, or any other items, which could come into contact with potable water, must conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. Such materials include all oolvcnto, cloancro, lubricanto, gaokoto, immediately prior to use. Section A-SP (revised 12/15/04) Page 14 of 22 I: The Contractor shall provide the Engineer with copies of written proof I: of ANSI/NSF Standard 61 approval for all materials which could come into contact with potable water. E, aanghlaing=szsgRiteit=tealzaph L All trash generated by the Contractor or his employees, agents, or subcontractors, must be contained at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. I: Contractor's personnel must wear colored uniform overalls other than orange, blue, or white. Each employee uniform muot provide company name Contractor shall provide telephones for Contractor personnel. Plant telcphoneo aro not available for Contractor use. (: 4.i 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. 1: 4, All Contractor vehicles must be parked at designated site, as designated by City Water Department staff. All Contractor vehicles must be clearly labeled with company name. No private employee vehicles are allowed at 0. N. Stevens Water Treatment Plant. All personnel must be in company I: vehicles. During working hours, contractor employees must not leave the designated construction area nor wander through any buildings other than for required work or as directed by City Water Department personnel during-emergency evacuation. _ -- - - 1: 44- - - - --- - - - - - _ - LAny work to the computer based monitoring and control system must-be determined by meeting the qualifications 1 thru 9 below. This work includes, but is not limited to, modifications, additions, changes, 1: selections, furnishing, installing, connecting, programming, customizing, debugging, calibrating, or placing in operation all hardware and/or software specified or required by these spccifi ations. I: -- ..- ..- . . - ' - -..-..- ..- . . ...- ' -. . .- . - -- _ , !, . must be able to demonstrate the following: 4-- He is regularly engaged in the computer based monitoring — control system business, preferably as applied to the municipal water and wastewater industry. 4, He has performed work on systems of comparable size, type, and complexity as required in this C.- . - -- - -- • I: projects. He has been actively engaged in the type of work specified herein for at 1 ast 5 years. L4— He employs a Registered Professional Engineer, a Control perform the work required by this spccifi ations. . . L ., completed a manufacturer's training course in configuring and implementing the specific computers, RTUS's, and software proposed for the Contract. I Section A-SP I: (revised 12/15/04) Page 15 of 22 C 11 4, He maintains a permanent, fully staffed and equipped service facility within 400 miles of the Project site to maintain, II repair, calibrate, and program the systems specified herein. I 4, He shall furnish equipment which is the product of one manufacturer to the maximum practical extent. Where this is not II practi al, all equipment of a given type will be the product of one manufacturer. 4, Prior performance at the 0. N. Stevens Water Treatment Plant II will be used in evaluating which Contractor or subcontractor 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 these two systems to the existing City SCADA system. Attached is an example of the required programming blocks which the City requires to be filled in and given to the City Engineer 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 proarammina blocks used. II Trenching Requirements All trenching for this project at the 0. N. Stevens Water Tr atmcnt Plant shall be performed using a backhoc or hand digging due to the number of existing underground obstructions. No trenching machines shall be allowed on the project. A-36 Other Submittals II 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: II a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. is Reprodueibles: 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 I/ 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, II 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 1/ Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. Section A-SP (revised 12/15/04) II Page 16 of 22 1: f. Marking: Contractor must mark each copy to identify applicable 1: products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j . Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. Undcr}"Ccncral Provisions and Requirements for Municipal Construction Contracts", B 6 - 15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan") . This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the prc construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-8-9. A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. Section A-SP (revised 12/15/04) Page 17 of 22 C Priming and hot mix paving operations must Rot bc conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor QC a work day and the Contractor will be compensated at the unit price indicated in the proposal. A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless I Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc. ) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. I/ A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements ct facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. Section A-SP (revised 12/15/04) Page 18 of 22 I .. Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20 feet of proposed pipclincs of the projcct and Contractor shall survey the exact vertical and horizontal location of I: each crossing and potentially conflicting pipeline. For existing pipelines which parallel and arc within ten feet (10' ) of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 feet maximum O.C. I: Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station I: thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no conatruction work on the project until all exploratory I: , Enginoer and until Contractor rcccivoo Engincor'o approval of report. Exploratory cx avations shall be paid for on a lump sum basis. Any pavement repair I: associated with exploratory excavations shall be paid for according to the established cffort (no separate pay) for exploratory excavations. A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of I: construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage 1: to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP and inform AEP of his construction schedule with regard to said overhead lines. 1: 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. 1: A-49 Amended "Maintenance Guaranty", (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: I: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." I: I: Section A-SP (revised 12/15/04) Page 19 of 22 t A-50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract." The following paragraph modifies oragraph B 2 7 Preparation of Proposal, of thc General Provisions: .The bidder has thc option of submitting a computer gcncratcd print out, in lieu of, the Proposal (SHEETS: 1 THRU 13 OF 13) , INCLUSIVE. The print out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheets (3 THRU 10 OF 13) . If the Contractor chooses to submit a print out, the print out shall be occompanied by properly completed proposal pages 1, 2, 11, 12, and 13. A " oample" print out is shown in Attachment 1. In addition, the print out will contain the following statement and signature, after the 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 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) 1 (Title) (Date)" A-52 Value Engineering I/ 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 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, 31 as currently provided. Section A-SP (revised 12/15/04) Page 20 of 22 11 Contractor shall take reasonable measures- te prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or applications of a chcmical dust suppressant. Whcn practis e-, d sty - atcrials in piles or in transit shall be covered to prevent blowing dust. This item shall be considered subsidiary to the appropriate bid items where dcwatcring is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation an be pumped out as long as care is taken to minimize solids and flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work arca or by manmade berms prior to cntcring the storm water system. Sheet flow and ponding is to allow solids screening and or settling prior to cntcring a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permissien. It io tho intont that Contractor diochargo groundwater primarily into the oxioting otorm water oyotom, provided that tho quality of groundwatcr io equal to or 1: bettor than tho receiving otroam (Ooo Crook) . Testing of groundwatcr quality is to be performed by City, at the City's cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. The Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by the contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and 1: trucking to a sanitary sewer system or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a ase by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Tilo Schmidt, Wastewater Pre tr atment Coordinator at 82G 1817 to obtain a "no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flew. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. 1: I I L Section A-SP (revised 12/15/04) Page 21 of 22 L SUBMITTAL TRANSMITTAL FORM PROJECT: BARGE DOCK IMPROVEMENTS - EXCAVATION OWNER: CITY OF CORPUS CHRISTI, TEXAS ENGINEER: RVE ENGINEERING AND SURVEYING CONTRACTOR: BARCOM COMMERCIAL, INC. SUBMITTAL DATE: - SUBMITTAL NUMBER: - APPLICABLE SPECIFICATION OF DRAWING SUBMITTAL L L t I I I I t I Section A-SP (revised 12/15/04) Page 22 of 22 I AGREEMENT la mg THE STATE OF TEXAS § COUNTY OF NUECES § a ilk THIS AGREEMENT is entered into this 29TH day of April , 2014, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Barcom Commercial, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: W In consideration of the payment of $90,731.55 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements r- described as follows: ir BARGE DOCK IMPROVEMENTS - EXCAVATION JOB ORDER CONTRACT (RFP 2012-02) PROJECT NO. E03426 TOTAL AMOUNT: $90,731.55 according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev.Aug-2013 op Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A-26 of the General and Special Provisions and tr 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 56 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ir r r 6 I Page 2 of 3 Rev.Aug-2013 r I CITY OF CORPUS CHRISTI APPROVED AS TO LEGAL FORM: By:/ By: Daniel I es, P.E. Asst. City Attorn:� Executive Director of Public Works Funding Source: E34?_l.cCE �- 550910-3272-00000 - F 034 2Lp ! RECEIVED ,•�' ,, CONTRACTOR ATTEST: (If Corporation) Barcom Commercial, Inc. �/YV�_ By: LiL2 uw '0 fi i�nv rr (Seal Below Title: TrpS■ (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) i a a Page 3 of 3 Rev.Aug-2013 I. BAIR.COIN4 COMMERCIAL,inc. • GENERAL CONTRACTOR Proposal Pk: 3 40 March 25,2014 Proposal# 16444-revised(6) E-Mail: TO: City of Corpus Christi—Engineering Department PROJECT: Barge Dock investigation--> X/war/04 Attn: Gracie Mesa 1201 Leopard St Corpus Christi,TX 78401 We propose to furnish labor and material to perform the following: Price to include • Saw cut and remove concrete pavement in 2 locations • Removed existing sub-base to depth as shown on plans and reuse • Use sump pump to pump water from excavated area to nearest storm box • After investigation work is complete,the excavated area will be backed filled with existing material • Concrete will be placed at excavated areas in accordance with the plans • Set up and maintain temp fence around excavated area • Ground Water Discharge Permit • Proposal is for 2 locations rice to exclude Testing of any kind, dewatering by filtering, removal/treatment/disposal of water in excavated areas. (water that enters the excavated area, will be pumped into storm drain). TECQ permits, permits form development services. Note: please allow 8 weeks from NTP to complete the scope of work TOTAL AMOUNT OF PROPOSAL: $90,731.55 Ninety Thousand Seven Hundred Thirty One and 55/100 Alt one If one additional hole will be required (to total 3) please add $45,365.77 to the price above Respectfully submitted, BARCOM COMMERCIAL, INC. Adele, Mame, 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: 5826 BEAR LANE CORPUS CHRISTI,TEXAS 78405 TELEPHONE:(361)851.1000•FAX:(361)851-1717 I www.barcom,cc ,T lirl t "1 Ir-i ir-i 11-1 IF711 IFT1 IV I I", I 1 I 1 ti Iri wei IrIll ti Iff-'11 IF 1 I 1 Preliminary Estimate, by estimates BARC031 Barcom Commercial Inc.-Justin McComb 4 Barcom Commercial Inc. 2009 Corpus Christi,TX JOC-2009 Corpus Christi,TX JOC-First Option- 110112010 to 12/31/2010 barge dock-16444 Estimator: Justin McComb 3-19-14 Division Summary(MF04) 01-General Requirements $15,205.00 26-Electrical 02-Existing Conditions $1,845.00 27-Communicatims 03-Concrete $6,323.55 28-Electronic Safety and Security 041:Mrisoniy 31-Earthwork $14 745 00 I 05-MetMs $8,174.10 32-Exterior improvements 06:V600.tilluiticstArld ConWilfres__... 33-Utilities 07--Thitirnal end Moisture Protection 34-Transportation 082j5pinings 35-Watelway and Marine Transportation 09-Finishes 41-Material Processing and Handling Equipment 10-Specialties __ 44-Pollution Control Equipment _ 11-Equipment 46-Water and Wastewater EqLrpi ment 12-Fumishinge 48-Electric Power Generation 13-Special ConstFuition Alternates $53,453.40 14:donveyingEgpment Trades 21-Fire Suppression Assemblies 22-Plumbing FMR _ 23-Healing,Ventilating,and Air-Conditioning AHVACI_ MF04 Total(Without totalling components) 466146,06 Totalling Components Priced Line Items $98,000.05 2010 Corpus Christi JOC NoriprIced Muiliphler (i/.0000%) $192.06 RSMeans CORPUS CHRISTI:TX CCI 201302,81,30%_ K18,326.01) 2010 Corpus Christi JOC Bond (2.5000%o $2,139.90 2010 Corpus Christi JOC Priced Multiplier (5.0000%) $3,983.70 2010 Corpus Christi JOC Permit (3.50013%)_ $2,995.85 Magical Line Items Si-746 00 2010 Corpus Christi JOC Permit Fee(E) Material,Labor,and Equipment Totals(No Totalling Components) Priced/Non-Priced Material: $6,715.90 Total Priced Items: 25 598,000.05 Labor $67,731.41 Total Non-Priced Items: 2 $1,746.00 1.75% Equipment $25,298.74 Other $0.00 27 $99,746 05 Laborhours: 337.87 Green Line Items:3 $3,312.30 Grand Total $90,731.55 Printed 25 MAR 2014 4:48PM v2 62 Page 1 of 5 barge dock-16444 1'71 rw1,, 1111 rgri irri 11.-1 If ii 11-1 IF 1 11-1 17. 1 11- 1 i Ii i i Barcom Commercial Inc. Preliminary Estimate, by estimates Estimator:Justin McComb Totalling Component Details Description Item Count Applicable Amount Applied Amount Applied Result Balance Priced Une Items 25 $98,00005 $98,000,05 598,000.05 Included In Total:Yes Type. TOW,Master Formal Type:MF04 Values: Total Includes:Riad Filtering:(now) RSMesns CORPUS CHRISTI,TX CCI 201302,81.30% $98,000.05 (18.7000)% $(18,326.01) $79,874.04 Included In TOM Yes Type: RSiMans CCI(Project Level) RSMeans CORPUS CHRISTI,TX CCI 201302,81 30% Subtotal based on 1 hams."Priced Une - -- 2010 Corpus Christi JOC Priced Multiplier $79,674.04 5.0000% $3,983.70 $83,657.74 inclosed in Tot&Yes Type: Percentage Subtotal based on 2 Keats'Priced UM Ileme,1751Aeans CORPUS CHRISTI,TX CCI(Current)* Nonpriced Line Items 2 51,746.00 51,745.00 $85,403.74 Included la Talk Yes Type. Total,Master Format Type:MF04 Values Total Idludes:Non Priced Marty own) 2010 Corpus Christi JOC Nonpriced Multiphier $1,748.00 11.0000% $192.06 $85,595.80 Inducted In Tata Yes Type: Percentage Subtotal based on 1 item"Honer:iced Une hams- 2010 Corpus Christi JOC Bond $85,595 80 2.5000% $2,139.90 $87,735.70 Included In Total:Yes Type Percentage Subtotal based an 5 Mims*'2010 Corpus Chnsll JOC Nonpriced Mullichier'2010 Corpus Christi JOC Priced Wooer"Hawked Una Items','Priced Line Items'•RSMeans CORPUS CHRIS71,IX CCI(Gwent)* 2010 Corpus Christi JOC Permit 585,595.80 3.5000% $2,995.85 $90,731.55 Included In Total:Yes Type. Percentage Subtotal based on 5 Items.'2010 Corpus Christi JOC Nonsiclood MultoNer'2010 Corpus Christi JOC Priced MultiNier"Ncmprictod Line Items''Priced Una same IISMeans CORPUS CHRIST],Tx cci(curnwfi)' 2010 Corpus Christi JOC Permit Fee 590,731.55 Included In Total Yes Type. Amount(EstkneN Level) Note: it appears that at least one of these totalling components Is set to"Amount is at Estimate 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. Printed 25 MAR 2014 4:48PM v2.62 Page 2015 barge dock-16444 t i n 1 It 1 II 1 1r' 1 IF 1 LA Iff– 1 IF —1 ff 7 r 1 ir--i ar-i irit ir-71 vi r"i i-ri r-i Barcom Commercial Inc. Preliminary Estimate, by estimates Estimator: Justin McComb 3-19-14 item Description UM Quantity Unit Cost Total Book 01 -General Requirements 1 01-54-33-20-01204 Rent per week for earthwork equipment rental,without operators,excavator, Ea. 6.0000 51,650.00 $9,900.00 RSM14FAC p diesel hydraulic,crawler mounted,5/8 C.Y.capacity 2 01-54-33-20-3300-3 Rent per week for earthwork equipment rental,without operators,sheepsfoot Ea. 0.0000 $3,305.00 RSM14FAC P vibratory roller.200 H.P. E. El 3 01-54-33-40-6450-4 Rent per month for general equipment rental,without operators,toilet,trailers, Ea. 2.0000 $360.00 $720.00 RSM WAG P minimum E. CAP skid o can 4 01-54-33-40-7050-4 Rent per month for general equipment rental,without operators,trench box,8000 Ea. 2.0000 $1,625.00 $3,250.00 RSMI4FAC P lbs.,8'x 18' E, 8 2=2.00 5 01-54-33-70-1200-4 Rent per month for welipoint equipment rental,without operators,based on two Ea. 0.0000 $1,787.50 RSM12FAC P months rental,wellpoint pump,diesel powered,4"suction,20 H.P. E. OAP .... 8 01-56-26-50-0100 Temporary fencing,chain link,11 gauge,6'high L.F. 150.0000 $8.90 $1,335.00 RSM12FAC p M.L. OAP 01 -General Requirements Total $15,205.00 02-Existing Conditions 7 02-41-13•17-5500 Demolish,remove pavement and curb,excludes hauling and disposal fees, C.Y. 15.0000 S123.00 $1,845.00 RSM14FAC P concrete,T to 24"thick,reinforced 6,E. B 02-Existing Conditions Total $1,845.00 03 -Concrete 8 03-15-05-25-2000 Expansion joints,premolded.bituminous fiber,1/2"x 6" L.F. 184.0000 $1.95 $358.80 RAM I 1FAC P IA,L, OAP — -- 9 03-15-16-20-0120 Control Joints,saw cut,sawcul control joints in green concrete,1"depth LF. 96.0000 $0.48 $46.08 RSM14FAC p (8•4r3=96.00 10 03-21-05-10-3900 Reber accessories,subgrade chairs,#6 bar head,3-1/2"high C 2.0000 $45.50 $91.30 RSMIOFAC P Grn,M, O&P 11 03-21-10-80-0602 Reinforcing in place,50 to 60 ton lots,A615 Grade 60,includes labor,but not Lb. 3,000.0000 $1.04 $3,120.00 RSMIOFAC P materiel cost,to Install accessories,slab on grade,#3 to 07 Grn,M.L OAP 12 03-21-10-60-0602-2000 Reinforcing in place,unloading and sorting,add to above(Modified using Ton 2.0000 $50.50 $101.00 RSMIOFAC P 03-21-10-60-2000) Gm.L.E., OiLP 13 03-21-10-60-2610 Relnfordng in place,dowel sleeves for cast in place concrete.2-part system, Ea. 165 0000 $3.69 $608.85 RSMIOFAC P sleeve base,plastic,for 5/8"smooth dowel sleeve,fasten to edge form M,L. 05? 14 03-31-05-35-0150 Normal weight concrete,ready mix,delivered,includes local aggregate.sand, CV. 13,0000 $112.00 $1,458.60 RSMt2FAC _ p portend cement,and water,excludes all additives and treatments,3000 PSI M, OAP —-- _ Printed 25 MAR 2014 4:48PM v2.62 Page 3 of 5 barge dock-16444 11 1 Ili 1 IF i 1 1--1 1 1-4 1 I r w l • i vi F- 1 1-- T r,.. _;, lri ro, irri ir—i ir-i 11-1 I-1 Barcom Commercial Inc. Preliminary Estimate, by estimates Estimator: Justin McComb 3-19-14 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. 576.0000 $0.77 $44352 R54.410FAC P consolidated,basic finishing for various unspedfied flatwork,bull float,manual L. ObP float,and broom finish,with edging and loints 18 03-39-23-13-0300 Chemical compound membrane concrete curing,sprayed membrane curing C.S.F. 6.0000 $15.90 $95.40 AS141°FAC P compound M.L. OSP 17 03-81-13-50-0400 Concrete floor or slab cutting,includes blade cost,layout and set-up time,saw cut L.F. 0.0000 $1.37 RSIY114FAC P concrete slabs,mesh reinforcing,up to 3"deep M.L E. 8 03-Concrete Total $6,323.55 06-Metals 18 05-05-19-10-1435 Chemical anchors,includes layout and drilling,in concrete,brick or stone, Ea. 165 0000 549.54 $8,174.10 RSM14FAC p chemical anchor,with threaded rod and epoxy cartridge,1"diameter x 11-3/4" M.I. E. a long _ .. 05-Metals Total $8,174.10 31 - Earthwork 19 31-23-19-20-1100 Dewatering systems,pumping 8 hours,attended 8 hours per day,including 20 Day 12 0000 $1,200.00 $14,400.00 RSMi2FAC P L.F.,of suction hose and 100 L.F.discharge hose,6"centrifugal pump used for 8 L,E. OAP hours 20 31-23-23-23-8000 Compaction,rammer tamper,6"to 11",4"lifts,2 passes E.C.Y. 0.0000 53.91 RSMI2FAC p L E. MP 21 31-23-23-23•9900 Compaction,minimum labor/equipment charge Job 3.0000 $115.00 $345.00 RSMI2FAC p t. OSP 3*operate areas to compact at separate limes _._ 22 31-52-18-10-4800 Cofferdams,trench box,T deep,20'x 10' Day 0.0000 $262.00 RSMI2FAC P O&P 31 -Earthwork Total $14,745.00 Alternates 23 01-54-33-20-3300-10 mini pad foot roller Day 30.0000 $175.00 $5,250.00 cusrom p E, B 24 01-54-33-40-7050-14 set,move and relocate trench saftey sheet pile EA 2.0000 $1,500.00 $3,000.00 CUSTOM P L, B ----- _ 25 015828500100 relocate temp fence LF 300.0000 53.07 $921.00 CUSTOM N L, 8 ---— -- — _ _ 28 31-23-23-20-0054 hauling concrete Job 3.0000 $275.00 $825.00 cusToia N L. 8 6 yards per trip 27 crew 8-11M equipment oporator for back hoe,roller and excavator Day 30.0000 $1,448.58 $43,457.40 CUSTOM p L. oaP Printed 25 MAR 2014 4:48PM v2,62 Page 4 of 5 barge dock-16444 II 1 1 11 IVA IV-1 I I ri IF " 11‘171 ri r We" 1", Barcom Commercial Inc. Preliminary Estimate, by estimates Estimator: Justin McComb 3-19-14 Alternatos item Description UM Quantity Unit Cost Total Book Alternates Total $53,453.40 _ . Estimate Grand Total 90,731.66 Printed 25 MAR 2014 4:46PM v2.62 Page 5 of 5 barge dock-16444 PERFORMANCE BOND BOND#1 106073413 [Contractor as Principal { Surety Travelers Casualty and Surety Name: Barcom Commercial, Inc. Name: Company of America Mailing address(principal place of business): Mailing address(principal place of business): 5826 Bear Lane 4650 Westway Park Blvd. Corpus Christi,TX 7B405 Houston, TX 77041 Physical address(principal place of business): Owner Same as above Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Connecticut Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract 1 j its license to execute bonds in the State of Texas. Large Job Order Contract - Project No, E03426 Telephone(main number): 281-606-8400 Barge Dock Improvements-Excavation Telephone(for notice of claim): 267-675-3000 Local Agent for Surety Name: C.A. McClure Award Date of the Contract: Address: April 29,2014 1 13823 Schmidt Road Contract Price: $90,731.55 Cypress, TX 77429 Telephone: 281-890-9294 Bond E-Mail: alm @southernamericanins.com - -- ---— Date of Bond: May 8, 2014 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be abtained Said Principal and Surety have signed and sealed from the Texas Dept,of insurance by calling the this instrument in 4 copies, each one of which shall fallowing toll-free number:1-800-252-3439 be deemed an original. Performance Bond 00 61 13-1 Corpus Christi Standards-erg JOC 3-4.2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each Cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves,and their heirs,administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 1253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for ony legal action. Contractor as Principal Barcom Commercial,Inc. Surety Travelers Casualty and Surety Company of America Signature: E u dq_ -.-71 I • Signature: _ C-)C/1 Name: 1 (f�.1h� , 14-i-(��!$L__ Name: C.A. McClure Title: ,4v -- _ - Title: Attorney in Fact • Email Address: Clci,,AQ,Q,Vap -c -CC.. Email Address: aim @southernanlericanins.co (Attach Power of Attorney and place surety seol below) I END OF SECTION Performance Bond 00 61 13 -2 3-4-2014 Corpus Christi Standards-Lrg JOC WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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. 227687 Certificate No. O 0 5 813 3 6 6 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 Cypress ,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 25th day of February 2014 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 ?pASC/4,` t�(�` 1 FYI. '*'"6� O�wM•.«NSG9 c 5044 O . p e O o`{�o 1977 WCORPOIED 4HARTFORD, < TFO 1982 0 k 1951 - tv - A . DORA. j.� :v o. L } r° y\ / o.�i 'y 0, 'v� '!AtN�" ;ore State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 25th day of February 2014 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. p•In Witness Whereof,I hereunto set my hand and official seal. *IAA Qn'� C. My Commission expires the 30th day of June,2016. *C+ pUBk p �A Marie C.Tetreault,Notary Public 4* CTP 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 Attorgey 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. 8th May 14 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 . Kevin E.Hughes,Assistant Sec tart' FRE 6 1SIg1• \01 IM...SG 44/4 OF vr/4* "" O �9// - TED 1 9.8:1 7 HARTFOR J t� 0.fIRTFO `4\ 1lD 141 EALA CC"' 1896 `01 O+ 45:.AS4 O`" 1 Awe' 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 TravelersJ 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 BOND# 106073413 Contractor as Principal 1, Surety Travelers Casualty and Surety Name: Barcom Commercial,Inc. Name: Company of America Mailing address(principal place of business): Mailing address(principal place of business): 5826 Bear Lane 4650 Westway Park Blvd. Corpus Christi,TX 78405 Houston, TX 77041 Physical address(principal place of business): Owner Same as above Name: City of Corpus Christi,Texas Mailing address: Capital Programs 1201 Leopard Street Surety is a corporation organized and existing Corpus Christi,Texas 78401 under the laws of the state of: Connecticut By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract _ its license to execute bonds in the State of Texas. Large Job Order Contract I Telephone(main number): 281-606-8400 Project No. E03426 Barge Dock Improvements-excavation I Telephone(for notice of claim): 267-675-3000 Local Agent for Surety Name: C.A. McClure Award Date of the Contract: Address: April 29,2014 13823 Schmidt Road Contract Price: Cypress, TX 77429 $90,731.55 Telephone: 281-890-9294 Bond E-Mail: alm @southernamericanins.com Date of Bond: May 8, 2014 (Date of Bond cannot be earlier than Award Date of III The address of the surety company to which any Contract) I notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed this from the Texas Dept.of Insurance by calling the instrument in 4 copies, each ane of which shall be following toll flee number:1-800-252-3439 deemed an original. I Payment Bond Form 00 61 16-1 Corpus Christi Standards—Lrg JOC 3-4-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves, and their heirs, administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation Is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Barcom Corn -re al,Inc. Surety Travelers Casualty and Surety Company of America — - Signature: , bug_ t Signature: � - l/ Name: E l I nl .��or NO I ` Name: C.A. McClure Title: C?rt S, a,e A,. — T Title: Attorney intact Email Address: ,Q lkche P.bw .CC_ Email Address: alm @southernamericanins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 3-4-2014 Corpus Christi Standards—Lrg JOC ' • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS.4101\ •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. 227687 Certificate No. 0 0 5 813 365 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 Cypress ,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 25th day of February 2014 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 G,.s U,, _pPtt�Wn. �l I•II. EIRE 6 N �N 1N$ SY"a �M W� ? ,�� I ,i,'b= �\1•�.....SG•D JPt......�9y PJ°'� s ,� ...pEry� S 6(1 ° ' ,' INCORFORATED !� • m OnP�Rn�f.y ?: PORAT i�1^ ° J.• �� 1982 0 ,9� P 4«W m: 21 f'eAa f: a HARTFORD, H49TFORD, 'S a 2 ,4� t r y 1 1951 Z, 1 . it �{SEAL, of + CONN. ° S CONN. �Y r;71:3:61: 46`.NECrH�n j O �g .y, Vt, °,"� ,`�!S.AN`t. V.',.. .''' dy ar 14i vi...? /M'!AtM // �" State of Connecticut By: Al City of Hartford ss. Robert L.Raney, enior Vice President On this the 25th day of February 2014 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. p In Witnes s Whereof,I hereunto set my hand and official seal. • ��V�� 1 My Commission expires the 30th day of June,2016. *+ it Marie C.Tetreault,Notary Public 49i OTC' 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 Attorpey 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. 8th May 14 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 _. Kevin E.Hughes,Assistant Sec tary• C 1977 t 1951 S.SE AL 'm -• is :a HARTFORD 89 A S8LLi w CON 6 ;.• LNa s1 r....'.. ° Atfl 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 TravelersJ A . 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. 1 1.----- CERTIFICATE OF LIABILITY INSURANCE 5/DATE(M/DD ) �AC � ORO THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Renee Terrell Swantner&Gordon Ins.Agency (A/c"lv.EM):361-883-1711 FAX Ne):361 844-0101 A Higginbotham Company E-MAIL P.O. Box 870 ADDRESS:rterrell Gn -gins.com Corpus Christi TX 78403-0870 INSURER(S)AFFORDING COVERAGE NAIC U INSURER A Valley Forge Insurance Company 20508 INSURED BARCO6 INSURER B:Continental Insurance Company 35289 Barcom Construction, Inc. INSURER C:Commerce&Industry Insurance Co 19410 Barcom Commercial, Inc. INSURER D:Continental Casualty Company 20443 5826 Bear Lane Corpus Christi TX 78405 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1141765119 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. TYPE OF INSURANCE AWL SUBR POLICY EFF POLICY EXP INSR INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) LIMITS D GENERAL UABILITY C4034064756 9/12/2013 9/12/2014 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY X 2E7 LOC COMBINED SINGLE LIMI I $ B AUTOMOBILE LIABILITY C4034064790 9/12/2013 9/12/2014 (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS X X NON-0WNED PerracEcRidentDAMAGE $ HIRED AUTOS _ AUTOS C X UMBRELLA LIAB X OCCUR BE33076623 9/12/2013 9/12/2014 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION WC434064773 9/12/2013 9/12/2014 X WC STATU- OTH- AND EMPLOYERS'UABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/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. Dept of Engineering Svcs; Contract Admin P.O. Box 9277 AUTHORIZED R PRESENTATIVE Corpus Christi TX 78469-9277 1 ©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#: AR D 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. (Contractor's 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 Liability and Pollution Incident Liability Policy: Columbia Casualty, Policy#CZB288296539, 111,14/13-14 $1,000,000 Each Claim/$2,000,000 Aggregate. Contractors Professional Liability and Pollution Incident Liability Policy includes Waiver of Subrogation-Form G-130914 02/11. Employee Theft policy with Travelers Casualty&Surety Company of America, Policy#105677128,09/12/13-14,$1,000,000 Per Occurrence Limit. Project: E03426 Barge Dock Improvements-Excavation(RFP 2012-02) ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BLANKET ADDITIONAL. IFSUHEL - OWNERS, POilTRACTORS- WITH PRODUCTS-COMPE_ETED OPERA-110! COVERAGE n t ,1!: 1.1,01'111',IEPPIA1, GENERAL LIABILl'IY COVERAGE APT , SCHEDULE (OPTIONAI Nninc (); Additional instbed Pc-t-r-;ont„: I..oc,ntions of Coverci Oon rnn cortp,c,1 p,.-0,,tirt-r,r1 the trip •t!-115.; II -Who Is An instired an ar,,,zie, Harr, J:P1 1 :V;,11.7..i:ItX,Y I, --„:11",..-!.!. I,- • for H I ,r tx-rui:-.sion:-. : I !,- . ! ' H e op!.!--trnt Ce. pm--.41-1:71-71 'cur ir .f:(24 nt in the 1prothIci:Pcomp1011-1:: ;1•(,!,ti, Covc:;mgo. Pt :prov des co'irt,.ct" ;;;;;:cifcally -! , /,-;2(,11,1 1, t. A! tnn, 10/0! ), )(1,jUt-in 002 'CC, r:,ouse:1 ir ;7:ot rot :pro!,,'He : !la rit--scr bed [31, oy !. That cif-circlet-1 -() v,.! ,:ndb!r1111; tc!' -!: Dat!-!-: 466._ , AMP. C ` . . . . . 4. Notwithstanding anything to tic contrary inCond|Unit Other insurance(Secuoc IV) this csurancs s nxcess all other insurance available to the anctitional insuren i.vnether on a primary, excess, condeneat ur: other basis. But if required by Thu c.rt:c;i; cc'rtrrt"tnbn ;drmnry ark; non'connibu(ury. thlsinsurance he primary and non-conirlbutcry relativd to irsurande whirit-, thin additional trisured is a Named |named. s. ho nnurynce provided to the c1dlI:onal insured coos not apply to'bodily'Mur/. "property damage .or 'perSOnal and advertisinp injury arising nit of a. Thwoyndedng of, u/the failure: to/rndnr, any pmhscumno| s,,hi/auue|, onUin*ejoO, or surveying services, including: (1) Thspreparing, appmvn0, prLai|ing orapue ornppuvu maps, vho,6emin0,. (Anions, �porL, surveys, field orders, change orders s drawings and opisci[icekioos:srr (2) Supervisory, inmpeciion. archie:c\u.e' snCinaedkieoWK'^s�n� b. Any premises or wor for which the ocdtioi'n seed is s"e"'if 'n Iv Oj as en addibone' retired or another endorsement a:tached to the Co,'ei;'ann Part, C SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS ' rnit'cied as feces: 1 The Duties |n The Event nf Occurrence,Offense, Claim et- Suit condihoxixaixendajtu add the k`dowin.c additional conditions epp|ieteh/~ho the additional inaomo: 4r additional insured under this endorse cent cciii tic scan as ;'ecbuoWo: (1) Give us written notice of an'occurrorce unit o'ense whk;' 'iey result|nadamo,^»uit"under this insurance, and oJ any xichncr"sut'Uhst does rexu,t; (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured las for a loss we cover nircier lb's Coverage Pert; (3) Send us copies of all egal papet s recc'veci are other'.viscr are'reIo wit r us ci the investigation, • defensa. nraeU|umontofthoo|o|n' or^ooit"| and (4) Tender the defense and ndemnity any v aim or^suit^ to oUae/ Li-sorer or self insurer whose policy or program applies to s. loss we cover under This Coverage Pec. But if the\wiben contract'requires this irsuraece to he primary anti roncnntrihritc.rp, his provene 4) does not aipyto ncrrance on which the additional insured ise Named Insured. We have no duty to cefend or indrsnni'y eddiUono| inou'ee. andorsernent until we receive;ram `hcadditionol insured written notice cdodhilmc.^cui[ D. Only for the zurponcof the hmxrnn:a provided �y ondonsc,ma'`\ SECTION V-DEFINITIONS ixamender! to add the id owing definition: "11/ritton contract"means o written oonkurt 0000gmon` you!umakoo person m organization an additional Mm/nod on VVo o/,xxeciia Pmi, provided i.r ;o"rmd or agreement: 1. is currently in effect or becomes effective r.i.;ring :1 a'tat it of this p)licy; and 2.Vias executed prior to: a.The"bodily injury"or"property domuGe^; ur h The offense that caused the"personal ada advertising for wh on the additional insured seeks cuvbcCeuodnr this CoverEoPain. AJ|other terms and conditions of the policy mmoinuochanyaU. . _��� _ , This endorsement,which forms a inert ufand ,s tor oMoctnnunt|o the Policy issued by the designated Insurers, takes : off".! on the effective oa\o m( said Policy at the nwti, slated m sale Pn:�uy. odesa another effective date is shown Uelow/ynU expires concurrently said Policy. � Mnteda: usad pmoissbr ,i ISO F;n|`e,Unx. Inc - — ------'---------------- - — - - G-140331-0(Ed.01113) Policy No: PeC^x Endorsement No: Effective Date: Insured Name: iii:o�� �/mzm^�e,�co CONTRACT:ORS GENFEil in/ T:TID02SEIVENT GENERAL LIABIL Cc ffy •.j SCHEDULE -• ro•c- • - , Insureds ocily injury—Expanded Definition oad Knowledge of Occurrence- Notice of Occurrence 4 i3wad Narriod Insured Eiroadened Liability Covorage Fo D:a nage To-Your Pi.ecitic,,' "Your Work" tractual Liability---Railroads ifixpar..rior ntractuar Liability For Personal And Advwtising injun! ... IFIectronic Data Liability Loss pi'HI6ctrbilic Dula Lliffi.:$1e0,UE:0 Expanded Personal And Aitivertising Injal DiscrimMatioi-, Ot Humiliation 10 Expected Or Intended Injury H4----; sorab:e I ' f.;eaeral Aggregate Limits Of insurance- Per Project 12. Rom Actions In:;idented Health Care Malpractice Coverage 14 ,joint VenturesiPartnership/Limited Liability Companies Eoverar,:ie or your intore:::;'i surf ;-f!..r-!d ; ifgal LiabilitylAllenateri Prernisos!BniTowad Equipment ova ace Elx!endf.;(1 nit incrocH 0CYD fiT!t for .)ro';foi ly da.rw.,f,r; ,;: jo beralization Clause iEquor Liability Coverage Extension Medical Payments 1.irnt5., increased to S:','.!").000. Rcportirn ir1 o.2s6 veir 15:1 Nor-owned Aircraft Coverage Au .-owned Watercraft rn; ;0 5 niary And Non-Contributory To Othei insurance Property Damage- Elevators supplementary Payments: os(o' Oi borriF:incfa:alsoc.1 loss of oar nine 7n:iTeasea f iinintortional Failure To Discose tiaz:af.ft VVaiver of Subrogation - Blanket - Waives' el subrooal whore rcq-: r.',Cirerdn*:.='- I 2r \Jrap-Up Extension No: T_ wnt '0? . , = 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: Us currently in effect or becomes effective during the term of this policy; and ii. 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; e. 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 appiy 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 07/12) Policy No: Page 2 Endorsement No: Effective Date: Insured Name: ®CNA All Rghls Reserved. • MfE8 COMMERCIAL MSc° CA 20 48 02 RI HIS ENDORSEMENT CHANGES THE POUCY, PLEASE READ IT CAREFULLY: DESIGNATED INSUREr) provdw; ."1•3u;:-.:1‘;'1.---..5,"3 AUTO COVERAC:,' ARAGE COVERAGE.FOAM ./ MC,TOR CAFIRIE COVERAGE FORM -;1(EPS COVERA1F, rrnerr,identifies ; rs'ri s A In Provislfm c,; THis endorsorr opt, .-jot,-$E. !lot 17::rtr, cl-r:tngor,;tho o11vo tr.c: --,nothi3r date is indleater..:-.)=-4z-,N.. Effect vc NaTeri nsured: " • , . F i izeu R-'resenljitlyti);• "! '1"..-prow - '" alim 4‘. C I IEDULE Nomo of Porson(s)or Organlvdion(o): DROP, WHIC,11 Yr! nr!4 ) I-il'.."4111/1' dPPGirrt: above, 'nfor-nalion , snrwin endo'sernerrl.) .,r)or 3;ganizatiur cow: 'A lite Set-lc: 1:1k., f.:„ r, Lab ,,,',L;agt), nut on,y 1,11 This t-XI:trim nrs et:alines as. an 'in-;io.r.1" indor Ir.Section II oi the Cove 7,77 mt= A 20 68 o2 9Ci Copyrigh . - Pagrd 1 of: • owlikk HIS ENDORSEMENT CHANGES THE POLICY. PI_Ei-,,SE READ IT CAREFUL CONTFCTORS EXTENDED COVER '.C7:E ENDORSEMENT - BUSINESS AU-IC) (30VERAGE ti or. Is An insured fdirAving Adittec to Section II, Pt-iiitaiitiph WI-1:fi Of V., tr.. c,1 ieui- cth: ';c i"(:(Ht I nsurance if-Aar-dec.! t-:[,-; . , (-Inv other !.ny Drganration yoo • (',,orripany. iyver v.:Th:...11 you rmlint=,:- (,o n, or tno :r t'ipp'tti,to: (1) !lit!'',/' (Y."pi-owl,: car:rt.-HY : (cct•t-fec! iLl -1( ti organization, ::1 (2) AL.:" "p:MGy' COVenff-le.. eu +"...)1" tIII:. rfi• eI b:_.t - titre of a oe--:tiol • . Hinatty to- . irrlich addition(a. :reit:s Cc"t-dor ' esed tHis : ti R.7. •-•.• Of FO'Ll ity,,.it.; To Hs eX'1:1! 3ail Bonds, and Loss of Earnings H. Paracraphs 12 (2) and A••2 • tit , 'ia.(22; 1 init.fa-Hie ricfit . _ a.(4). fe- lip, h ,5 5 5 ir c, N 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. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage-Hitting A Bird Or Animal-Falling Objects Or Missiles The following is added to Section iii,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$800. 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" -lame, 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 fre 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. F. 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 applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III,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 type 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). Ill. Drive Other Car Coverage—Executive Officers The following Is added to Sections II and III: 9. Any°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 !lability 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 comment, and, while a resident of the same household,includes that person's spouse. Such"executive officers"are"insureds"while using a covered"auto"desorlbed In this provision. • IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident,Claim,Suit Or Loss The following is added to Section N,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 indMdual,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 documents 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 1V,Paragraph B.2.: Your failure to disclose all hazards existing on the dale of Inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provicod 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.(8).(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. • cz,cp,,irtiEFICIAL GENERAL LIABILITY CS 02 05'IQ 04 Fl-OS ENDORSEMENT CHANGES THE POLICY PHHHASE READ IT CAREFULLY. TEXAS CHANGES -- AMENDMENT CANCELLATION PROVISIONS OR covERAGE CHANGE , orsornorit mod[tiosaif :is,„„pc0v,d4„d u ti '3ENERALI.IA'!-311_14Y LIABILLY,'.-.',OVEHAUF.PART 'JESANDCCNTRA;TCfli3 :1'OLLUT ION LIABILITY OOVERACiE PA9T Fr-,-,DUCT WITHDRAWAL 12,0\JE1.-1AGL --'HODUCTS/C.;OMPLETED PRo-r EcTivii: I,P63ILITY car.ollation 01 iwitBrial ci-tn - t . r6duccis c os t- affo ..:E.c.i by this iThverage: to mail Ho'writton noict o;canc.91k cth SCHEDULE Nartur 0:1 2, Address: r..4 iL1 i±11 ncy..-. 1,:ayment, ;31-Number of cinis advance noti=0:3 0 Infoor,4911 jpqu'IrE0 to complot0 Ft Sched01(4 if not th. .,,,Dc,::,Iradoir:;. IMO= wow.* 4.11111.10 : lir cG 02 05 12 04 Page 1 0 f I CAIA 1.-.1--`,3 DOM LLA THIS ENDORSEMENT CHANGES IHE POLICY, PLEASE HEAD IT CAREFULLY, CHANGES NOTICE OF CANCELLATION OR MATERIAL CHANGE ,-J: fir3me1,t moditios insuiarc;e provided up,(.11 .f',.,:..3fNESS AUTO COV:7--.RASE FORM CIARAGE COVERAGE FORM CKERS COVERAGE FORM ■ changGs tiny pokv offectivo or: In- j-lbss anotiir re is ir..diciateci nient Effective - !:!! 1 inssel ntsiqn — f:.., . • r;-411 -P; It cancellailon or InElork.1 Inf,;tr:6; afiordnd by this Co--iors.qe Port, 0,s nai pr a:.written notice c1 cancellAtIon c rci,:itet-4.:1 ;lange SCHEDULE Nuilluty ni dy acivaroo N.;',,!rre c!)ii!! CANCEL LA!:.rON A?Pi:!!1 Ez-!: --- "r!"r • WORKERS COMPENSATION AND El4iPLOYERS Li AbiLill WC 42 06 (Lo 7-,34) TEXAS NOTICE OF MATERIAL CRANGS F,NoORSEMENT This u4somont applios only ,0>-;a1S sipwr. horn intormotion Pogo, "itN, '6i. it cancellaton or Mbar toeteh:ii r. oi thc: porc,y, ;nail a vanno not no to tho wIt3o:zifton:tamed in to Schoduh-, The nurnt2r, to.;t;:ahinhco ot-tth;ti .,--na.fr: H to Schodulo, s;:•:intnt o op:trEtt,,i . rectly tht:,=.?,,Antd',!!e. NombEir of days atfvanc:0 notici: bo mailed to: LES TO COP rtt din;alma iht)pacy to t.s Ih.F1 J4 twi N- recIti!roz Khon trO rm:"If-.4soWN, Fx3I:eri V.ft)-7..f:Ja , :1(7,ti-,,-)(4‘.. . . . N Pronlu-n dir . ■1.10/11.7 W C.42 06 01 • • • WORKERS COMPENSATION AND BMPL0YGRS LIABILITY|NSUBANoEP0nCY VYC4uoou*A _'_____ TEXAS WAIVER OF OUR R|GHTTO RECOVER r6UN OTHERS ENDORSEMENT endorsement applies only tr. the iooum.ro osz|Js| Toxax is uhccr |n !Inn 2,i ot �n �uge. We ;love the right:o recover;3o;puyrnente ircn kNo will riot enforco or,r tight against the person or orgalization named ir; th,r.; Sot-Tilde, but :his v,;r:iv;---: ap:)lios only with respoor to bodily tnjury ar's!nh ou: the operations deForibed in the Sor;odu;o whtnn you ,7!1.7: by a wr;tten con:scot ootain this waive: x.vm.dnry*mwnt shall not mom1adipagly 17diinmyn`uon�Nzoyox'. " '/xyrmh|o0�.; ��hadu|o 'h^;premium tor inis endorsement|h shown inU`eRoha,io|n Sonadu Gped5oVVohor Name of Dorsar:or ocEi:lcn )5!ankstVVetvn, Anypoi:eonorm0onizstio^$,/whomc`uNr;ft !!:]s or|Umocontract wuiyu/ ��nrat;nnsn�c u�z^s �ocx�zamo �zr �*cnx��nzc � 'mmmm !t-ID premum charge tor Mile ondorsamesshu|| u* \ .!.:1‘:::trrurn dava| � oo�nno�x/ wit work performed for UhoabuxypuumnW m n x�nxizmvn(�ad�in'� zcf the operations rissod^ad \ovunceProm:on y�F; n�en o�o�aoemuwrg:o01s urieosuumpmaocae� |nmnm-1o11"m below to riymrod cro ^ouf-icquommprrpmroUvmcx`w:n�|q: iz.evrsanemBfeo8o ��/' � �� P:|rrn�� ' � � �nunmpmomNu rr,sr T-rcm ��'o"u�`,' / �n, .� Prom urn mac�np�� *mums ��u�; - � ---^ w�� . -+�� � ~ WG 42 0304A 4.A4 �� , Y;o)