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C2015-106 - 6/19/2015 - NA
2015-106 6/17/15 Barcom Commercial Inc. SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR ETHEL EYERLY SENIOR CENTER NEW HVAC (CDBO FUNDS ) L • O a C • FOR PARKS AND RECREATION CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3781 ` Fax: 361/826-3501 AND DEPARTMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PR[ OJECTNO_ E13146Ape � A �!�e DRAWING NO: PBG - 803 911 , „ iop ►1 rw OF " IN t4. [. 10 SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR 1 ETHEL EYERLY SENIOR CENTER NEW HVAC (CDBG FUNDS ) J . O . C . C FOR PARKS AND RECREATION CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3781 Fax: 361/826-3501 AND DEPARTMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI, TEXAS 1; Phone: 361/880-3500 Fax: 361/880-3501 PROJECT NO: E13146 '0 0..614'44' le 4d% toi -A- 0n ; DRAWING NO: PBG - 803 * 7' yoi ,tety 0 - •.. 1 08 t't4 I • Ethel Eyerley Senior Center New HVAC (CDBG Funds) PN: E13146 L (Revised 6/27/99) Table of Contents NOTICE TO CONTRACTORS - A (REVISED MARCH 2009) 10 Insurance Requirements NOTICE TO CONTRACTORS B Worker's Compensation Coverage for Building or Construction Projects for Government Entities. PART A - SPECIAL PROVISIONS 1: A 1 Time and Place of Receiving Proposals/Pre Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award/Explanation of Bid Items A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A 8 Faxed Propoaals A-10 Wage Rates A-11 Cooperation with Public Agencies 10 A-12 Maintenance of Services A 13 Arca Acccaa and Traffic Control A 14 Conotruction Equipment Spillage and Tracking A 16 Dicpoaal/Salvage of Matcrialo A 17 Field Office NOT USED A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-•20 Testing and Certification A 21 Project Signo A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required A-24 Surety Bonds A -2-5- Sales Tax Exemption (NO LANCER APPLICABLE) (6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A 28 Cenoidcrationa for Contract Award and Execution A-29 Contractor's Field Administration Staff A 3 - Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents A-36 Other Submittals A 3-7 Amended "Arrangement and Charge €er Water Furniohcd by the City" (NOT USED) A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Certificate of Occupancy and Final Acceptance 1: A-40 Amendment to Section B-8-6: Partial Estimates A 41 Ozone Advioory tt A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings A-17 Prc-Construction Exploratory Excavations (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 Elcctronic Submittal of Bido (NOT USED) A-52 Value Engineering A 53 Duct Control11 A 51 Dcwatcring and Diopocal (NOT USED) A-55 Windstorm Certification PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS 1/ PART S STANDARD SPECIFICATION& I LIST OF DRAWINGS FALSE Sheet 1 of 9 - T1 - Title Sheet Sheet 2 of 9 - 01 - Data Sheet/ Site Plan Sheet 3 of 9 - Al - Exisiting Demolition Refl. Clg. Plan Sheet 4 of 9 - M1 - Mech. Demolition Floor Plan Sheet 5 of 9 - M2 - Mech. Demolition Floor Plan Sheet 6 of 9 - M3 - Mechanical Schedules Sheet 7 of 9 - M4 - Mechanical Specifications11 Sheet 8 of 9 El Electrical Demolition Floor Plan Sheet 9 of 9 - E2 - Electrical Floor Plan 11 NOTICE AGREEMENT 11 PROPOSAL / DISCLOSURE STATEMENT PERFORMANCE BOND 11 PAYMENT BOND I 11 11 I 11 NOTICE TO CONTRACTORS - A � INSURANCE REQUIREMENTS i C C C C 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: 1: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE LCommercial 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 I: Hazards 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY -- OWNED NON-OWNED OR tRENTED $1,000,000 COMBINED SINGLE LIMIT WHICH COMLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS I: EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT I1 PROFESSIONAL POLLUTION LIABILITY/ $2, 000,000 COMBINED SINGLE LIMIT I: ENVIRONMENTAL IMPAIRMENT COVERAGE. Not limited to sudden & accidental ❑ REQUIRED discharge; to include long-term enviornmental impact for the disposal 0 NOT REQUIRED 1: of contaminants. See Section b-6-11 and Supplemental I: Insurance requirements BUILDER'S RISK [j REQUIRED 1: 0 NOT REQUIRED See Section b-6-11 and Supplemental 1: Insurance requirements INSTALLATION RISK ❑ REQUIRED 0 NOT REQUIRED r PAGE 1OF2 I • The City of Corpus Christi must be named as an additional insured on all coverages 1/ 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) 11 days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826-3500. I 11 11 I/ I/ I I I I. 11 I I I PAGE 2 OF 2 I NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE REQUIREMENTS l i 4 ip Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION IP CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental ti Entities (a) The following words and terms, when used in this rule, shall have the following meanings,unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. IF (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' 10 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. IP (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 project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act) -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly 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 L 1-0 (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. I (b) Providing or causing to be provided a certificate of coverage pursuant to this rule 10 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 1: 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 10 project; Page 2 of 8 L (4) obtain from each person providing services on a project, and provide to the governmental entity: im (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 ��11 coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 10 {5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; Iv (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; 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 10 common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person 1-0 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; fre (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 10 project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and r (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; t: (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 L (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 Ilk amounts and filing of any coverage agreements; im (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; IP (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 IN 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 ir 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; [0 (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 1; (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 L ir0 (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: im (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 IP change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ierule 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 1: a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4 (j) . i The coverage requirement in this rule does not apply to sole proprietors, partners, ( ) g q and corporate officers who meet the requirements of the Act, §406.097 (c) , and who are explicitly excluded from coverage in accordance with the Act, §406.097 (a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20) . This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 C I tom Page 5 of 8 L 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 L I t I C C C t C L I Page 6 of 8 I L T28S110.110(c) (7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 16 1►' Persons providingservices 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 provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. Page 7 of 8 1 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 thatthey are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, 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. I Page 8 of 8 I C PART A SPECIAL PROVISIONS L to Ethel Eyerly Senior Center New HVAC (CDBG) PN: E13146 SECTION A - SPECIAL PROVISIONS A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern A-3 Description of Project The project consists of the removal and replacement of the existing AHU and ACCU and loo replace with like models at the Ethel Eyerly Senior Center located at 654 Graham Rd.The project scope includes installation of new Carrier compressors and AHU as approved by engineer, all AHU closest will be verified for fit prior to ordering any equipment, reinstall salvaged ceiling tile and grid after sheet metal duct is insulated, remove and replace any ceiling tiles and grid if needed. Also remove and replace sheet rock ceiling as required and paint to match. is A-4 Method of Award The contract is awarded as a Job Order Contract (J.O.C.) and prices established through to 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: 1. 5% Bid Bond (Must reference Project Name as identified in the Proposal) JOB ORDER (A Cashier's Check, certified chock, money ordor or bank draft from any State or 2. Disclosure of Interests Statement 3. Submittal of Materials A-6 6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 45 calendar days. 10 The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Capital Programs or designee ("City Engineer") to proceed. 111-1 For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500 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. I la Section A-SP (revised 12/15/04) Page 1 of 14 1 ioA-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 to 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. INN r The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wake Rates (Revised 7/5/00) Labor preference and wage rates for BUILDING CONSTRUCTION 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 1; subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted t't0 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. ) IN 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, Section A-SP Working Hours. ) (revised 12/15/04) Page 2 of 14 L tOA-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 im, (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. I: City Engineer 361-826-3500 Project Manager 361-826-3550, 826-3550 Traffic Engineering 880-3540 ir 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 1: 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 iir 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) ilt ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512-935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 IMA-12 Maintenance of Services I: 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 toregard 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 I: his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. :: Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc. ) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, t: 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 imo 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. Section A-SP w (revised 12/15/04) Page 3 of 14 I A-13 Arm Acc000 and Traffic Control NOT USED Sufficient traffic control measures must be used to assure a safe condition and to iw provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is (o not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor to lw Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. to A 17 Fiold Office NOT USED 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: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- f', 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. lw3. 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. A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, la 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. I I Section A-SP (revised 12/15/04) Page 4 of 14 L io If, duringconstruction, it is necessaryto disturb or destroya control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours Co 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. (o A 20 Tooting and Cartifioation All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A 21 Projoct Signs The Contractor must furnish and install 1 Project signs as indicated on the following drawings. (Attachment IV) The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. to 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 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. two 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: I 1 Section A-SP (revised 12/15/04) Page 5of14 L 1. Owned (a) For a sole proprietorship to be deemed a minority ir business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, imt at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s) . (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s) . 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . 1' 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, 1; interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. i d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned 1: 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 1: either financial, managerial, or technical skills in the work to be performed by the joint venture. I; 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation(Percent) 45% 15% I Section A-SP t: (revised 12/15/04) Page 6 of 14 L b. These goals are applicable to all the construction work (regardless of (0 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 ir percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, IM substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City to 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 1: 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. leA-23 Inspection Required (Revised 7/5/00) im 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. im A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City.All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds IN 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 t: 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 States Secretary of the Treasury or must obtain reinsurance for any im 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 110 requirements. The insurer or reinsurer must be listed in the Federal Section A-SP Register as holding certificates of authority on the date the bond wa4revised12/15/04) issued." Page 7of14 L A 25 Salon Tax Exemption (NOT USED) 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 io the insurer, stating; In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Department of Capital Programs Attn: Contract Administrator to 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B 6 11 of the Contract, 1: 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 rb 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 1i fault of the City, its agents, servants, or employees or any person indemnified hereunder. A 27 Responsibility for Damage Claimo 1: To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for [-o services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and lo the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and Section A-SP (revised 12/15/04) Page 8 of 14 L 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. imA bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, tro superintendents and foremen who are careful and competent and acceptable to the City Engineer. 1: The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this 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 1: 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 it during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-31 Amended Policy on Extra Work and Change Orders 1: 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: E: 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 (10 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. Section A-SP low (revised 12/15/04) Page 9 of 14 L [0 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 [o City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the to completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. t: 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 IP Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable) , construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. 10 A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. to b• Rcproduciblcs: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. L: Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s) , and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. rho Section A-SP rr (revised 12/15/04) Page 10 of 14 L • f' Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. i. 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. 3' 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. A-38 W orker'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 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. 1: A-41 / ono 1 th -NOT_USED A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: I Section A-SP [W (revised 12/15/04) Page 11 of 14 i The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, Co 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, to 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. A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. to (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. ee Contractor shall comply with all OSHA safety requirements with regard to proximity e- 1-0 3_ all duc diligence, precautions, ctc., to ensure that ads quate safety is provided for all Contractor shall coordinate his work with AEP and inform AEP of his con,,truction Some overhead lines arc shown in the construction plan , while others arc not. It shall be the Contractor's cols responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. I Section A-SP (revised 12/15/04) Page 12 of 14 I 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: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: tw "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." A 51 Electronic Submittal of Bila The following paragraph modifies Paragraph B-2-7 - Preparation of Proposal, of the General Provisions: The bidder has the option of submitting a computer-generated 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 iw OF 13) . If the Contractor chooses to submit a print-out, the print-out shall be accompanied by properly completed proposal pages 1, 2, 11, 12, and 13. A "sample" 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 tb that the unit prices shown on this print-out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no other Information from this print-out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print-out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) (Date)" kb A-52 Value Engineering NOT USED A-53 - A-55 Windstorm Certification All affected materials and installation shall comply with Texas Department of Insurance Section A-SP (revised 12/15/04) Page 13 of 14 L floSUBMITTAL TRANSMITTAL FORM PROJECT:Ethel Eyerly Senior Center New HVAC (CDBG Funds) [lo OWNER: CITY OF CORPUS CHRISTI, TEXAS ENGINEER; Chuck Anastos , AIA [11 CONTRACTOR: Barcom, Inc. SUBMITTAL DATE: - SUBMITTAL NUMBER: - Ei APPLICABLE SPECIFICATION toOF DRAWING SUBMITTAL I I L I L I I I I I I I Section A-SP (revised 12/15/04) Page 14 of 14 L PART B I GENERAL PROVISIONS AND L REQUIREMENTS FOR MUNICIPAL � CONSTRUCTION CONTRACTS C L • SECTION B GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS CITY OF CORPUS CHRISTI, TEXAS B-1 DEFINITIONS AND ABBREVIATIONS: B-1-i Definition of Terms: 1: Wherever the words, forms or phrases defined herein or pronouns used in their place occur in these specifications, in the contract, in the bonds, in the advertisement or any other documents or instrument herein contemplated, or to which these specifications apply or may apply, the intent and meaning shall be 1: interpreted as follows: Advertisement: All of the legal publications pertaining to the work contemplated or under contract. 1: Bidder: Any person, persons, partnership, company, firm, association, corporation, or joint venture acting directly or through a duly authorized representative submitting a proposal for work contemplated. City: The City of Corpus Christi, Texas, a municipal corporation, acting by and through (a) its governing body or (b) its City Manager, each of whom is required by Charter to perform specific duties. Responsibility for final 1: enforcement of contracts involving the City of Corpus Christi is, by Charter, vested in the City Manager. City Attorney: The City Attorney of the City of Corpus Christi, Texas, or duly 1: authorized assistants or agents. City Council: The Council of the City of Corpus Christi, Texas. City Engineer: The Head of the Department of Engineering Services of the City of Corpus Christi, Texas. • City Manager: The Manager of the City of Corpus Christi, Texas. 1: City Secretary: The City Secretary of the City of Corpus Christi, Texas, or duly authorized assistants or agents. Contract: The written agreement covering the performance of the work. The contract includes the advertisement; proposal; specifications, including special provisions; plans or working drawings; any supplemental changes or agreements 1: pertaining to the work or materials therefor, and bonds. Contract Time: The number of calendar days or working days allowed for completion of the contract, including any authorized time extensions. (a) Calendar Day: A calendar day is defined as any day shown on the calendar IN beginning and ending at midnight. (b) Working Day: a working day is defined as a calendar day, not including Sundays or legal holidays, in which the weather or other conditions affecting the site, not under the control of the Contractor, will in the judgement of the Engineer permit the performance of some substantial unit of work for a im substantially continuous period of time of not less than six (6) hours between 7 a.m. and 6 p.m., or during such other hours of the day as the Contractor does in fact work with the permission of the Engineer as elsewhere provided. (rev. Nov/94) PAGE 1 OF 29 ir. Each calendar day, not including Sundays or legal holidays, in which the Contractor carries on work on some unit of the contract for a period of more. than six (6) hours shall be charged as one (1) working day, regardless of the number of hours worked in excess of the (6) hour minimum. Saturday will not be charged as a working day unless work of any type requiring the presence of the Engineer is in fact carried on for any period of time during the day. On Sundays and legal holidays on which, by previous written permission of the Engineer as elsewhere provided, the Contractor works as much as four hours on some unit of the contract, two working days shall be charged. If, under such permission, work is commenced but proceeds less than four hours, one working day shall be charged. In the determination of the hours above, no deduction shall be made for lunch time taken. Contractor: The person, persons, partnership, company, firm, association, corporation, or joint venture entering into contract for the execution of the work, acting directly or through a duly authorized representative. Engineer: Assistants, agents, engineers, inspectors, or superintendents duly authorized by the City Engineer and acting within the scope of the particular duties entrusted to them. General Provisions: This Section B of the specifications. Holidays: The terms regular holidays and legal holidays, for the purposes ofI/ charging working days, control of working days and hours, and wages of employees, shall include the following: January 1 (New Year's Day) July 4 (Independence Day) Thanksgiving Days Memorial Day Labor Day Christmas Day Maintenance Guaranty: The approved form of security furnished by the Contractor and his surety as a guarantee that he will maintain the work constructed by him in good condition for the period of time required. This shall be in accordance with the provisions of the specifications and may be made a part of the Performance Bond. Payment Bond: The approved form of security furnished by the contractor and his surety for the use and benefit of the City as a guarantee for the protection of all claimants supplying labor and/or material in the prosecution of the work provided for in this contract. Performance Bond: The approved form of security furnished by the contractor and his surety for the use and benefit of the City as a guarantee of good faith on the part of the Contractor to execute the work in strict accordance with the plans, specifications, and terms of the contract, and that the Contractor will maintain the work constructed by him in good condition for the period of one year or such other period of time as may be specially provided. Plan or Plans: All the drawings pertaining to the contract and made a part thereof, including such supplemental drawings or addenda as the City Engineer may issue in order to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized, or for showing details not shown thereon. Proposal: The written statement or statements duly filed with the City Secretary of the person, persons, partnership, company, firm, association, corporation, or joint venture proposing to do the work contemplated, including the approved form on which the formal bids for the work are to be prepared. Proposal Guaranty: The bid security designated in the advertisement and proposal to be furnished by each bidder as a guarantee of good faith to enter into a contract with the City and execute the required bonds for the work contemplated after the work is awarded him. (rev. Nov/94) 1 PAGE 2 OF 29 I I Special Provisions: The special clauses setting forth conditions or requirements peculiar to the specific project involved, supplementing the standard specifications, and taking precedence over any conditions or requirements of the standard specifications with which they are in conflict. Specifications: The directions, provisions, and requirements contained herein, together with the special provisions supplemental hereto, pertaining to the method and manner of performing the work or to the qualities or quantities of the material to be furnished under the contract. Sureties: The corporate bodies which are bound by such bonds as are required with and for the Contractor. I: The Work: All work, including the furnishing of labor, materials, tools, equipment, and incidentals, to be performed by the Contractor under the terms of the contract. ri B-1-2 Abbreviations: Wherever the abbreviations defined herein occur on the plans, in the specifications, contract, bonds, advertisement, proposal, or in any other l: document or instrument herein contemplated or to which the specifications apply or may apply, the intent and meaning shall be as follows: A.A.S.H.T.O American Association of State H.S. Horseshoe L Highway and Transportation In. or " Inches Officials Lb. or # Pound Ac. Acre L.F. Linear Foot A.C. Asbestos Cement Lin. Linear A.C.I. American Concrete Institute L.S. Lump Sum A.N.S.I. American National Standards Max. Maximum Asph. Institute M.H. Manhole A.S.T.M. Asphalt Min. Minimum Ave. American Society for Testing Mono. Monolithic A.W.P.A. Materials M.U.T.C.D. Manual of Uniform l: A.W.S. Avenue Traffic Control A.W.W.A. American Wood Preservers Devices Blvd. Association N. North C.F. American Welding Society No. Number C.Z. American Water Works % Percent I: C.L. Association P.L. Property Line C.M.P. Boulevard Prop. Proposed or Property C.O. Cubic Foot P.V.C. Poly Vinyl Chloride Conc. Cast iron R. Radius Cond. Center Line R.C.P. Reinforced Concrete Corr. Corrugated Metal Pipe Reinf. Pipe C.P.& L. Cleanout Rem. Reinforced Cu. Concrete Rep. Remove Culv. Conduit R.R. Replace C.Y. Corrugated R/W or ROW Railroad D.I. Central Power & Light Company S. Right-of-Way Dia. Cubic San. South Dr. or Dwy Culvert S.F. Sanitary E. Cubic Yard Sq. Square Foot Ea. Ductile Iron St. Square Elev. Diameter Std. Street or Storm Exist. Drive or Driveway S.Y. Standard F. East T.C. Square yard F.L. Each Tel. Top of Curb r Ft. or ' Elevation V.F. Telephone c Gal. Existing W. Vertical Foot 111 G.L. Fahrenheit W.U.T. West G.P.M. Flow Line Yd. Western Union H.N.G. Feet Telegraph Gallon Yard Gutter Line be Gallons per Minute Houston Natural Gas Co. rMetrics: cm Centimeter m Meter gm Gram mgm Milligram kgm Kilogram mm Millimeter rkm Kilometer ow (rev. Nov/94) PAGE 3 OF 29 s Other abbreviations that may appear shall have the meaning customarily intended in such usage, circumstances, and context. B-2 PROPOSAL REQUIREMENTS AND CONDITIONS: B-2-1 Proposal Form: The City will furnish bidders with proposal forms which state the general location and description of the contemplated work, and which will contain an itemized list of items of work to be done or materials to be furnished, and upon which bid prices are asked. The proposal form will provide for the amount of proposal guaranty, the contract time, and the acknowledgement of addenda received. B-2-2 Quantities in Proposal Form: The quantities of the work and materials set forth in the proposal form or on the plans approximately represent the work to be performed and materials to be furnished and are for the purpose of comparing the bids on a uniform basis. Payment will be made by the City to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications, and it is understood that the quantities may be increased or decreased as hereinafter provided without in any way invalidating the bid price. B-2-3 Examination of Plans, Specifications, and Site of the Work: I/ Bidders are advised that the plans and specifications and other documents on file with the City Engineer shall constitute all of the information which the City will furnish. Bidders are required, prior to submitting any proposal, to read the specifications, proposal, contract, and bond forms carefully; to visit the site of the work; to examine carefully local conditions, soil and water conditions to be encountered, improvements to be protected, disposal sites for surplus materials not designated to be salvaged materials, methods of providing ingress or egress to private properties, and methods of handling traffic; to inform themselves, by their independent research, tests, and investigation, of the difficulties to be encountered and judge for themselves of the accessibility 11 of the work and all attending circumstances affecting the cost of doing the work or time required for its completion; and obtain all information required to make an intelligent proposal. No information given by the City or any official thereof, other than that shown on the plans and contained in the specifications, proposal, and other documents, shall be binding upon the City. Bidders shall rely exclusively upon their own estimates, investigations, tests, and other data which are necessary for full and complete information upon which the proposal may be based. It is mutually agreed that submission of a proposal is evidence that the bidder has made the examinations, investigations, and tests required herein. B-2-4 Forms, Plans and Specifications: Unless otherwise specified in the Notice to Bidders and Special Provisions, 11 forms of proposal, contract and bonds and plans and specifications may be obtained at the offices of the City Engineer in the City Hall upon making a Plans Deposit as designated, which sum so deposited will be refunded provided the prospective bidder returns all documents, except proposal form if bidding, to the offices of the City Engineer within two (2) weeks from and after the time and date of receiving proposals. If the prospective bidder does not comply with this requirement, the sum of the Plans Deposit shall become the property of the City 11 of Corpus Christi, Texas. B-2-5 Addenda: Addenda to the plans and specifications, which are formal written notices of additions, deletions, modifications, or explanations of contract documents from the City to prospective bidders in advance of the bid date, may be issued by the (rev. Nov/94) I/ PAGE 4 OF 29 11 I City Engineer. Such addenda will be mailed immediately to the address designated ("0 by prospective bidders taking out plans, specifications, and proposal forms. B-2-6 Pre-Bid Conference: Any prospective bidder may request a pre-bid conference to discuss the plans, specifications, and proposal. If such a conference is requested, it will be held approximately one week prior to the bid opening. Each prospective bidder who has furnished the Plans Deposit required by the Notice to Bidders will be notified of the date, time, and location of the pre-bid conference. Any clarification to the contract documents deemed necessary as a result of the pre-bid conference will be made by written addenda. im B-2-7 Preparation of Proposal: The bidder shall submit his proposal on the forms furnished by the City. All com blank spaces in the forms shall be correctly filled in, and the bidder shall state the prices, written in ink, for which he proposes to do the work contemplated or furnish the material required; the unit prices shall be written both in words and numerals. Such prices shall be written distinctly legible. In case of discrepancy between the unit price written in words and the unit price written in figures, the unit price written in words shall govern. The unit price shall govern over the amount. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is (-10 submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association, or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given and the proposal signed by an official or duly authorized agent. Proposals submitted by a joint venture shall list all participants and their addresses. Powers of attorney, authorizing agents or others to sign proposals, must be properly certified and must be in writing and submitted with the proposal. B-2-8 Proposal Guaranty: No proposal will be considered unless accompanied by an individual bid security (bond) for the project in the amount of five percent (5%) of the highest amount bid. Such bid security shall be issued by a firm licensed for issuance in the State of Texas. A cashier's check, certified check, money order, or bank draft L. from any state or national bank will also be acceptable. The security shall be deemed a good faith offer on the part of the bidder to accept a contract, if awarded. In the event the successful bidder declines to accept such award or cannot provide the required bonds and insurance certificates within ten (10) calendar days of the award of the contract, then the amount of the bid security will become the property of the City, not as penalty but as liquidated damages. The bid securities of the unsuccessful bidders may be released within forty- eight (48) hours of the time bids are received. The bid security of the r, successful bidder will be released upon execution of the contract documents and submission of the required bonds and certificates. ' ' B-2-9 Filing of Proposal: kg No proposal will be considered unless it is filed with the City Secretary's office in the City Hall, Corpus Christi, Texas, within the time limit for receiving proposals as' stated in the advertisement. Each proposal shall be in a sealed envelope, plainly marked with the word "PROPOSAL" and the name and description of the project as designated in the "ADVERTISEMENT". B-2-10 Withdrawing Proposals: Proposals filed with the City Secretary cannot be withdrawn or modified prior to the time set for opening proposals. Request for non-consideration of he (rev. Nov/94) PAGE 5 OF 29 Ilr I proposals must be made in writing addressed to the City Engineer and filed with the City Secretary prior to the time set opening proposals. After other proposals are opened and publicly read, the proposal for which withdrawal is properly requested may be returned unopened. B-2-11 Cancellation of Sid Opening: The City may, at any time, before any bids are actually opened, cancel the opening of the bids and return all bids unopened. B-2-12 Opening Proposals: The proposals filed with the City Secretary will be opened at the time stated in the advertisement and publicly read aloud and shall thereafter remain on file with the City. No contract will be entered into based upon such proposals until after forty-eight (48) hours shall have elapsed. Proposals not accompanied by the required proposal guaranty will not be read. B-2-13 Irregular Proposals: Proposals will be considered irregular if they show any omissions, failure to properly account for duly issued addenda, alterationsof form, additions, conditions not called for, unauthorized alternate bids or irregularities or qualifications of any kind. However, the City reserves the right to waive any irregularities and to make the award in the best interest of the City. 1/ B-2-14 Resection of Proposals: The City reserves the right to reject any or all proposals, and all proposals submitted are subject to this reservation. Proposals containing any irregularities or showing an unbalanced value of any items may be rejected. Proposals will be rejected for any of the following specific reasons: (a) Proposal received after the time limit for receiving proposals as stated in the advertisement. (b) Proposal submitted without the required bid security. (c) Proposal submitted and not sealed and/or identifiable to a particular project. B-2-15 Disqualification of Bidders: Bidders may be disqualified and their proposals not considered for any of the following specific reasons: (a) Reason for believing collusion exists among the bidders. (b) Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated. (c) The bidder being interested in any litigation against the City. (d) The bidder being in arrears on any existing contract, having defaulted on previous contracts, or being delinquent in the payment of City taxes. (e) Uncompleted work which, in the judgment of the City, will prevent or 11 hinder the prompt completion of additional work if awarded. (f) Previous experience investigation reveals poor, incomplete, unacceptable, or inferior work performance and prosecution and lack of fiscal responsibility in paying for services, labor, or products rendered on such previous work. (rev. Nov/94) I/ PAGE 6 OF 29 I I I B-2-16 Disclosure of Interests: (-0 All entities desiring to do business with the City of Corpus Christi are required to provide a Disclosure of Interests. The required form is included as a part of the proposal. Prospective bidders may submit the form with their E: proposal. The successful bidder shall be required to submit the form within seven (7) calendar days of the receipt of bids. The City also reserves the right to require similar statements from all material suppliers and subcontractors of the successful bidder. 1: B-3 AWARD AND EXECUTION OF CONTRACT: B-3-1 Consideration of Contract: After proposals are opened, the proposals will be tabulated for comparison on the basis of the bid prices and quantities shown in the proposal. Until final award of the contract, the City reserves the right to reject any or all proposals or proceed to do the work otherwise in the best interest of the City. B-3-2 Award of Contract: The City reserves the right to withhold the award of the contract for a reasonable period of time from date of opening proposals, and no award will be made until after investigations are made as to the responsibilities of the low bidder. In the City's considering of an award, the bidder may be requested to submit statements regarding previous experience in performing comparable or similar work, his business or technical organization and equipment to help the City evaluate the bidder's abilities. The basis for an award will be determined by the lowest responsible bidder (Article 2368a VATS) deemed most advantageous to the City and not necessarily the lowest bidder. In no case will a contract be awarded until at least forty-eight (48) hours shall have elapsed from the time of opening proposals. B-3-3 Equal Opportunity Employer Provisions: Every Contractor must agree that during the performance of his contract he will: (1) Treat all applicants and employees without discrimination as to race, color, religion, sex, or national origin. (2) Identify himself as an equal opportunity employer in all help wanted advertising or requests. The Contractor is hereby advised that any complaints filed with the City [: alleging that a Contractor is not an equal opportunity employer during the six months preceding the date of receipt of bids will be referred to the Human Relations Commission through its Human Relations Administrator for the purpose of review and recommendations. The report of the Human Relations Commission will be transmitted to the City Engineer who will include a summary of such report with any future bid award recommendations for which the Contractor is a bidder and bring to the attention of the City Council any such report received prior to the issuance of a work order to any such Contractor. A copy of this report shall be sent to the Contractor. The Human Relations Administrator will follow up any such report and bring to the attention of the Commission any further action by the Contractor which would include that the findings of the Commission should be modified. Any such modified findings of the Commission will be delivered to the City Engineer with a copy to the Contractor and be included in any future bid award recommendations. (rev. Nov/94) PAGE 7 OF 29 Ike I The City Council reserves the right to consider such reports in determining the best bid and to terminate, on the basis of such report, any portion of a contract for which a work order has not been issued. However, the Contractor is specifically advised that no equal opportunity employment complaint will be the basis for cancellation of any contract for which a work order has been issued. B-3-4 Surety Bonds: With the execution and delivery of the contract, the Contractor shall furnish and file with the City, in the amounts herein required, the following surety bonds: (a) Performance Bond: A good and sufficient bond in an amount equal to one hundred percent (100%) of the approximate total amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the City and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work, or the use of inferior materials. This bond shall provide for the repair and maintenance of all defects due to faulty materials, faulty combinations of materials, and/or faulty workmanship that appear within a period of one year from the date of completion and acceptance of the improvement by the City, or such lesser or greater period as may be designated in the Special Provisions. A Performance Bond will not be required if the contract amount does not exceed $25,000.00. (b) Payment Bond: A good and sufficient bond in an amount equal to one1/ hundred percent (100%) of the approximate total amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and proper protection of all claimants supplying labor and/or material in the prosecution of the work provided for in said contract and for the use of each such claimant. A Payment Bond will not be required if the contract amount does not exceed $25,000.00. (c) Other Bonds: Other bonds, if required in the Special Provisions. No surety will be accepted by the City who is now in default or delinquent on any bonds or who is interested in any litigation against the City. All bonds shall be issued by an approved surety company authorized to do business in the11 State of Texas and acceptable to the City, and the surety shall designate an agent who is a resident of Nueces County, Texas. Each bond shall be executed by the Contractor and the surety. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given the Contractor to that effect, and the Contractor shall immediately provide a new surety satisfactory to the City. No payment will be made under the contract until the new surety, or sureties as required, has qualified and been accepted by the City. The contract shall not be operative nor will any payments be due or paid until approval of the bonds has been made by the City. 11 The City requires that the Power of Attorney submitted with any surety bond (Performance, Payment, etc. ) be signed with an original signature and properly dated and sealed. In the event a facsimile Power of Attorney is used, the City must have on file a sworn statement from an officer of the surety company to the effect that the agent who signs the bond form for the surety is currently in good standing with the surety. It is also required that the facsimile be a true copy of the original Power of Attorney on file among the records of the surety in its home office, not be amended or abridge, still be in full force and effect, and 11 that the City will be notified in the event of cancellation of the particular agent. B-3-5 Execution of Contract: (rev. Nov/94) PAGE 8 OF 29 I I The person or persons, partnership, company, firm, association, corporation, or t: joint venture to whom a contract is awarded shall, within ten (10) calendar days after such award and after the Contractor has been requested to execute the documents, sign the required contract, furnish the required insurance certificates, and execute the required bonds. No contract shall be binding on the City until it has been attested by the City Secretary, approved as to form by the City Attorney, executed for the City by the City Manager, and delivered to the Contractor. C: B-3-6 Failure to Execute Contract: The failure of the bidder to execute the required bonds, furnish the required insurance certificates, and sign the required contract within ten (10) calendar days after the contract is awarded and the Contractor has been requested to execute the documents shall be considered by the City as an abandonment of his proposal, and the City may annul the award. By reason of the uncertainty of the [11 market prices of materials and labor and its being impracticable and difficult to determine accurately the amount of damages accruing the City by reason of the said bidder's failure to execute said bonds and contract within ten (10) calendar days, the proposal guaranty accompanying the proposal shall be the agreed amount of damages which the City will suffer by reason of such failure on part of the bidder and shall thereupon immediately be forfeited to the City. The filing of a proposal will be considered an acceptance of this provision. B-4 SCOPE OF WORK: B-4-1 Intent of Plans and Specifications: t: The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. The Contractor shall do all work as provided in the plans, specifications, special [: provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. B-4-2 Subsidiary Work: In the course of furnishing or constructing a complete work or improvement, certain work may be necessary which is subsidiary to the items which are im established as pay items. Some such subsidiary work may be shown and specified in detail in the plans and specifications, other work may be less completely shown, and other such work which is entirely necessary for the satisfactory C: completion of the work as a whole may not be noted on the plans or in the specifications. It shall be the duty of the Contractor to carry out all such subsidiary work as if fully shown, and the cost of such work shall be made subsidiary to the established pay item. r ir B-4-3 Increased or Decreased Quantities of Work: (a) The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found 6 necessary, and the Contractor shall perform the work as altered. No allowance will be made for any change in anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the contract or bonds. im (b) A Major Item as used in this Section shall be construed to be any individual bit item included in the proposal that has a total cost equal to or greater than five percent (5%) of the total contract cost computed on the basis fjy of the proposal quantities and the contract unit prices. bi (rev. Nov/94) PAGE 9 OF 29 is I (c) When the quantity of work to be done or of materials to be furnished under any Major Item of the contract is more than one hundred twenty-five (125%) of the quantityof that unit stated in the proposal, then either party to the contract, upon demand, shall be entitled to revised consideration on that portion of the work above one hundred twenty-five percent (125%) of the quantity stated in the proposal. (d) When the quantity of work done or materials to be furnished under any Major Item of the contract is less than seventy-five percent (75%) of the quantity of that item stated in the proposal, then either party to the contract, upon demand, shall be entitled to revised consideration on the work performed. (e) Any revised consideration is to be determined by special agreement or as is hereinafter provided under "Payment for Extra Work". B-4-4 Alteration of Plans and Specifications: The City reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original plans and specifications or change the general nature of the work as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the contract and bonds. B-4-5 Value Engineering Incentive Procedures: After the award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP's) identifying potential reductions in the contract cost by effective changes to the contract plans and specifications. Any VECP submittal shall include the following: 11 (1) The present contract requirement and description of the proposal change including any modifications to the plans and specifications. (2) The comparative advantages and disadvantages of both the present requirement and the proposed change. (3) An analysis of how the proposed change will alter the function, characteristics and/or performance of a component. (4) A separate detailed cost estimate comparing the cost of the existing 11 requirement and the cost of the proposed change including any costs which might be incurred in testing or evaluation of the proposed change. (5) A comparative projection of the operational and maintenance costs of the existing requirement and the proposed change. (6) A projection of the latest date which the VECP can be incorporated into the contract to achieve maximum cost savings. Any effect upon completion time or delivery schedule should also be noted. 11 The City Engineer shall notify the Contractor of the status of the VECP within thirty (30) days of its receipt. Acceptance or rejection of the VECP by the City Engineer shall be final. If the VECP is not accepted, written notification will be provided detailing the reasons for rejection. Any VECP may be accepted in whole or in part. Execution by both parties of a change order to the contract covering the 11 proposed changes shall constitute approval of the VECP and authorization to proceed with the changes. Until such time as the change order is executed, the Contractor shall perform in accordance with the provisions of the existing 11 contract. (rev. Nov/94) PAGE 10 OF 29 1 L The Contractor's share of the savings resulting from approval of the VECP shall be fifty percent (50%) of the net cost savings calculated as follows: Contractor's Share = .50 (existing contract requirement cost -proposed change costs - testing and evaluation costs incurred by the City or Contractor) . This savings will be reflected on the change order approving the VECP and authorizing the change. Deletion of contract work or construction items and changes initiated by the City will not be considered as VECP's. In those [: instances, the City will realize 100% of the contract reduction or cost savings. B-4-6 Extra Work: When additional work not shown in the plans and specifications or reasonably inferred as subsidiary work or as normal adaptation to existing conditions is required, the Contractor shall do such work when ordered in writing by the Engineer. Payment for such extra work will be made as hereinafter provided. [11 B-5 CONTROL OF THE WORK AND MATERIALS: B-5-1 Authority of the City Engineer: All work shall be performed under the supervision of the City Engineer in a workmanlike manner and to his satisfaction. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, he manner of performance, rate of progress of the work, sequence of the construction, interpretation of the plans and specifications, acceptable fulfillment of the contract, compensation, mutual rights between Contractors under these specifications and suspension of the work. He shall determine the amount and quality of the work performed and materials furnished, and his decisions and estimates shall be final. His estimate in such event shall be a condition precedent to the right of the Contractor to receive money due him under the contract. B-5-2 Authority and Duty of Engineers or Inspectors: The City Engineer may appoint Engineers and/or Inspectors as assistants to C: inspect all work done and material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The Engineer or Inspector will not be authorized to revoke, alter, expand, relax, or waive any requirements of the contract documents. The Engineer or Inspector will keep a record of the progress of the work and the manner in which it is being performed and inform the City Engineer of same. He is authorized to call to the attention of the Contractor any deficiency of the work or of materials to conform to the contract documents; C: however, failure to do so shall not constitute acceptance of said work. The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work performed was in accordance with the requirements and intent of the plans and specifications. [: The Engineer or Inspector shall in no case act as foreman or supervisor or perform other duties for the Contractor nor interfere with the management of the work by the latter. Any advice which the Engineer or Inspector may give the Contractor shall in no way be construed as binding to the City or release the Contractor from fulfilling all the terms of the contract. The Engineer or Inspector shall have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the City Engineer. If the Contractor refuses to suspend operations on verbal order, the Engineer or Inspector shall issue a written order giving the reason for suspending the work. After delivering the order to the person in charge, the Engineer or Inspector shall immediately leave the job site. Work done during the absence of the. Engineer or Inspector under these circumstances will not be accepted or paid for. (rev. Nov/94) PAGE 11 OF 29 2 its 11 B-5-3 Conformity with Plans: 11 All work shall conform to the lines, grades, cross-sections, and dimensions shown on the plans. Any deviation from the plans which may be required by the exigencies of construction will be determined by the City Engineer and authorized by him in writing. B-5-4 Existing Structures: The plans show the location of all known surface and subsurface structures. However, the location of many gas mains, water mains, conduits, sewers, etc. is unknown, and the City assumes no responsibility for failure to shown any or all of these structures on the plans or to show them in their exact location. It is mutually agreed such failure will not be considered sufficient basis for claims for additional compensation for extra work in any manner whatsoever unless the obstruction encountered is such as to necessitate substantial changes in the lines or grades or requires the building of special work for which no provision is made in the plans and which is not essentially subsidiary to some item of work for which provision is made. It is assumed that, as elsewhere provided, the Contractor has thoroughly inspected the site, is informed as to the correct location of surface structures, has included the cost of such incidental work in the prices bid, and has considered and allowed for all foreseeable incidental work due to variable subsurface conditions, whether such conditions and such work are fully and properly described on the plans or not. Minor changes and1/ variations of the work specified and shown on the plans shall be expected by the Contractor and allowed for as incidental to the satisfactory completion of a whole and functioning work or improvement. B-5-5 Coordination of Plans, Specifications, Proposal and Special Provisions: The plans, general provisions, proposal, special provisions, standard specifications and all supplemental documents are intended to describe a complete work and are essential parts of the contract. A requirement occurring in any of them is binding. In case of discrepancies, figured dimensions shall govern over scale dimensions; plans shall govern over specifications; special provisions 11 shall govern over both general and standard specifications; and plans and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the plans and specifications, and the City Engineer shall be permitted to make such 11 corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the plans and specifications. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this to the attention I/ of the Engineer. B-5-6 Cooperation of Contractor: 11 The Contractor will be supplied with three (3) copies of the plans and specifications. The Contractor shall have available on the work at all times one copy of said plans and specifications. The Contractor shall give to the work the consistent attention necessary to facilitate the progress thereof, and he shall 11 cooperate with the City Engineer, his authorized representatives, and with other contractors in every way possible. The Contractor shall provide a competent superintendent on the work at all times who is fully authorized as his agent on the work. Such superintendent shall be capable of reading and understanding the plans and specifications and shall receive and fulfill instructions from the City Engineer or his authorized representatives. The Contractor shall provide all facilities to enable the Engineer or Inspector to inspect the workmanship and materials entering into the work. On marine work, the Contractor shall furnish motorboat transportation as required by the Engineer for the purpose of inspecting the work. The superintendent shall keep the City Engineer or his representative informed of the work he is planning to do and the work schedule. (rev. Nov/94) PAGE 12 OF 29 I L B-5-7 Construction Staking: The Engineer will furnish the Contractor with lines, grades, and measurements necessary for the proper prosecution and control of the work contracted for under these specifications. Such stakes or markings as the Engineer may establish either for his own use or the Contractor's guidance shall be preserved by the Contractor until authorized by the Engineer to remove same. Unnecessary destruction of stakes shall not be allowed by the Contractor. The Contractor shall be bound to examine the stakes set and check the lines and grades thus set against the plans and profiles, and shall be accountable particularly that gutters, structures, and pipes which drain in a certain direction on the plans do so drain when constructed. B-5-8 Source of Supply of Materials: The materials shall be the best procurable as required by the plans, specifications, and special provisions. The Contractor shall not start delivery of materials until the Engineer has approved the source of supply. Only material conforming to these specifications shall be used, only after written approval has been given by the Engineer, and only so long as the quality of said materials remains equal to the requirements of the specifications. The Contractor shall furnish approved materials from other sources if for any reason the product from any source at any time before commencement or during the prosecution of the work proves unacceptable. After approval, any material which has become mixed with or coated with dirt or any other foreign substances during its delivery and handling will not be permitted to be used in the work. New material is required unless SII otherwise specially provided in the plans and specifications. B-5-9 Samples and Tests of Materials: Where, in the opinion of the Engineer or as called for in the specifications, tests of material are necessary, such tests will be made at the expense of the City unless otherwise provided. The failure of the City to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials conforming to the specifications. Tests, unless otherwise specified, will be made in accordance with the latest methods of the American Society for Testing Materials. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not use the materials represented by the samples until tests have been made. The Contractor shall furnish adequate samples without charge. [: B-5-10 "Or Eaual" Clause: All bids shall be based on the specified products. Where two or more products are specified for an item of work, either one thereof is acceptable and the choice is left to the Contractor. Where only one product is specified, and where the term "or approved equal" or similar wording is used in connection with specified products, the Contractor may, if he so desires, offer for consideration r. a substitute product which he judges to be equal in every respect to the required product. When a specific process is specified as well as a guarantee of the Or results, the Contractor shall, if in his judgement the process may not produce the required result, offer for approval an alternative process which he would guarantee. All such offers shall be made in writing to the Engineer after award of contract. ND The Contractor shall furnish to the Engineer with the first submittal sufficient drawings, specifications, samples, performance data, and other information necessary to assist the Engineer in determining whether the proposed substitution is acceptable. The burden of proof shall be upon the Contractor. No consideration will be given to incomplete submittals. Substitutions must be approved in writing before they may be used. IYr B-5-11 Storage of Materials: (rev. Nov/94) be PAGE 13 OF 29 I Materials shall be stored so as to insure the preservation of their quality and fitness for the work. When directed by the Engineer, they shall be placed on 3 wooden platforms or other hard, clean surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. Particular attention is directed to the storage or structural steel and reinforcing steel, which shall not be stored on the ground. B-5-12 Removal of Defective and Unauthorized Work: All work which has been rejected or condemned shall be• repaired, or if it cannot be repaired satisfactorily, it shall be removed and replaced at the Contractor's expense. Defective materials shall be immediately remove from the site of the work. Work done without line and grade having been given, work done beyond the lines or not in conformity with the grades shown on the plans or as given, save as herein provided, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices shall be done at the Contractor's risk and will be considered unauthorized and, at the option of the Engineer, may not be measured and paid for and may be ordered removed at the Contractor's expense. Upon failure of the Contractor to repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after 11 receiving notice from the Engineer, the Engineer will, after giving written notice to the Contractor, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost thereof from any monies due or to become due the Contractor. B-5-13 Final Inspection: The Engineer will make final inspection of all work included in the contract as soon as practicable after the work is completed and ready for acceptance. If the work is not acceptable to the Engineer at the time of such inspection, he will inform the Contractor as to the particular defects to be remedied before final acceptance will be made. Previous inspection by the Engineer or his representatives during the course of the work shall not be interpreted as approval or acceptance of work or materials which on final inspection are found to be defective or note in accordance with the contract and its duly authorized modifications. B-5-14 Warranty Inspection: Forty-five (45) to sixty (60) days prior to the expiration of the maintenance guaranty period as specified in the contract documents, a warranty inspection will be made. The Contractor may be notified when this examination will be made so that he or his representatives may be present. Within the maintenance guaranty period, the Contractor when ordered by the Engineer, shall repair, replace or rebuild such portions which are found to be faulty because of materials or workmanship. The Contractor shall begin the remedial work within ten (10) calendar days of written order by the Engineer. In 11 case the Contractor does not start remedial work within the above time limit, or in case of an emergency condition caused by faulty work, the City may take remedial action and charge the cost thereof against the Contractor and/or his surety. B-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY: B-6-1 Laws to be Observed: 11 The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any manner affect the conduct (rev. Nov/94) PAGE 14 OF 29 C: of the work and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No pleas of misunderstanding or ignorance thereof will be considered. The Contractor and his surety shall indemnify and save harmless the City and all its officials, agents, and employees against any claims or liability arising from or based on the violation of any such law, ordinance, regulation or order, whether by himself or his employees. L B-6-2 Permits and Licenses: The Contractor shall procure all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees (except City fees) , give all notices necessary and incidental to the due and lawful prosecution of the work, and arrange for all building, plumbing, electrical or other inspections as appropriate. B-6-3 Patented Devices, Materials and Processes: [40 If the Contractor is required or desires to use any design, device, material or process covered by letters, patent or copyright, he shall provide for such use by - suitable legal agreement with the patentee or owner. It is mutually agreed and understood that, without exception, contract prices shall include all royalties or costs arising from patents, trademarks and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material or process or any trademark or copyright in connection with the work agreed to be performed under this contract and shall indemnify the City for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. B-6-4 Sanitary Provisions: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to • prevent the inception and spread of infection or contagious diseases and to prevent effectively the creation of a nuisance about the work or any property either public or private, and such regulations as are required by the Engineer ' shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as will be approved by the Engineer, and their use shall be strictly enforced by the Contractor. All sanitary laws and regulations of the State of Texas and the City of Corpus Christi shall be strictly complied !: with. B-6-5 Public Convenience and Safety: Materials stored about the work shall be so placed and the work shall at all lI times be so conducted as to cause no greater obstruction to the traveling public than is considered necessary by the Engineer. The Contractor shall, upon direction of the Engineer, make provisions by bridges or otherwise at sidewalks and private driveways for the free passage of pedestrians and vehicles provided that, where bridging is impracticable or unnecessary in the opinion of the Engineer, the Contractor may make arrangements satisfactory to the Engineer for ,:. the diversion of traffic and shall, at his own expense, provide all material and s; perform all work necessary for the construction and maintenance of roadways and r bridges. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials or plant used . in the construction of the work shall be placed so as not to endanger the work or 61 (rev. Nov/94) PAGE 15 OF 29 6. prevent free access to all fire hydrants, water valves, gas valves, manholes for telephone, telegraph, signal or electric conduits, sanitary or storm sewers, and 11 fire alarm or police call boxes in the vicinity. The City reserves the right to remedy any neglect on the part of the Contractor as regards the public convenience and safety which may come to its attention after twenty-four hours' notice in writing to the Contractor except in case of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done by the City shall be deducted from monies due or to become due the Contractor. The Contractor shall notify the Fire and Police Division Headquarters when any streetis closed or obstructed. Where the Contractor is required to construct temporary bridges or make other arrangements for crossings over ditches or streams, his responsibility for accidents shall include the roadway approaches as well as the structures of such crossings. The Contractor shall mark all detours as directed by the Engineer so that the entire route of the detour is designated, such markings to be by neat and workmanlike signs large enough and so painted and so placed as to be clearly visible. B-6-6 Privileges of Contractor in Streets, Alleys and Right-of-Way: For the performance of the contract, the Contractor will be permitted to occupy11 such portions of streets or alleys, or other public places or other right-of-way, as provided for in the ordinances of the City, as shown on the plans or as permitted by the Engineer. A reasonable amount of tools, materials and equipment 11 for construction purposes may be stored in such space but not more than is necessary to avoid delay in the construction. Excavation and waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designated to be left free and unobstructed. Other Contractors of the City may, for all purposes be required by their contracts, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contractors of the City all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. B-6-7 Railway Crossings: Where the work encroaches upon any right-of-way of any railway, the City will 11 secure the necessary easement for the work. Where railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to methods of doing the work or precautions for safety of property and the public. All negotiations with the railway company, except for right-of-way, shall be made by the Contractor. The railway company shall be notified by the Contractor not less than five (5) days previous to time of his intentions to begin the work. The Contractor will not be paid direct compensation for such railway crossing but shall •receive only the compensation for such railway crossing as set out in the proposal. B-6-8 Traffic Control Devices: 11 Where the Contractor's operations are carried on in or adjacent to any public right-of-way orpublic place and which, in the opinion of the City Engineer, interferes with normal vehicular and pedestrian traffic, the Contractor shall take appropriate measures to protect persons, property and the work. Such 11 measures shall include but not be limited to barricades, lights, signs, fences, flagmen, and watchmen. Such measures shall be taken to exclude or route pedestrian and vehicular traffic around the work and area of operations. Barricades, lights, signs and flagmen shall be utilized in accordance with the 11 Uniform Barricading Standards and Practices as adopted by the City. The Contractor shall be responsible for all damages to persons, property and 11 the work occasioned by his operations and said responsibility shall not cease until the project has been accepted by the City. (rev. Nov/94) I PAGE 16 OF 29 1 L B-6-9 Use of Explosives: LiShould the Contractor elect to use explosives in the prosecution of the work, the utmost care shall be exercised so as not to endanger life or property. The City shall not be held liable for damages done by the Contractor in the use of t explosives. The Contractor shall notify the proper representatives of any public km service corporation, any company or any individual not less than eight (8) hours in advance of the use of explosives which might damage or endanger their or his property along or adjacent to the work. Wherever explosives are stored or kept, [I: they shall be stored in a safe and secure manner, and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchmen at all times. ["0 B-6-10 Protection and Restoration of Property: Where the work passes over or through private property, the City will provide C*0 such right-of-way. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, r. culverts, bridges, pavements, driveways, sidewalks, etc., to all water, sewer and gas lines; to all conduits, to all overhead pole lines, or appurtenances thereof; in and to all other public and private property along or adjacent to the work. The Contractor shall be responsible for all damage or injury to the property of any r character resulting from any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part km of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition similar to equal to that existing before such damage rm or injury was done by repairing, rebuilding or otherwise restoring as may be directed, or he shall made good such damage from injury in a manner acceptable to the owner or the Engineer. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Engineer may, after forty-eight (48) hours written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, 'proceed to repair, rebuild or otherwise restore such property as may be determined necessary, and the cost thereof will be deducted from any monies due or to become due the r- Contractor under his contract. hm B-6-11 Responsibility for Damage Claims: The Contractor shall not commence work under this contract until he has 1: obtained all insurance required herein and such insurance has been approved by the City. The Contractor shall not allow any subcontractor(s) to commence work until all similar insurance required of the subcontractor(s) has been so obtained. ON Within ten (10) calendar days after the date the City requests that the Contractor sign the contract documents, the Contractor shall furnish the City with certificates of insurance evidencing that the Contractor has obtained 60 insurance coverage of the types more particularly described below in parts (a) through (e) of this section. (For self-insured workers' compensation coverage, other documents, specified hereafter, may be substituted for the certificate of r. insurance just described) . The workers' compensation insurance policy need not NNO list the City as an additional insured. Additionally, all certificates of insurance shall state the name of the project in the "Description of Operations" section of such certificate. These certificates and any subsequent insurance } certificates in connection with this particular contract shall be delivered to the offices of the City Engineer. The Certificates of Insurance shall state that he ten (10) days written notice will be given the City before any policy covered thereby is changed or canceled and shall show the following minimum coverage in r- an insurance company acceptable to the City. The City reserves the right to ho modify minimum limits based upon the nature and scope of the work. The Contractor agrees to comply with the Supplemental Insurance Requirements stated in the "Special Provisions" section of this contract. r (rev. Nov/94) PAGE 17 OF 29 r~x (a) General Liability, including Commercial General Form; Premises - 11 Operations; Explosion & Collapse Hazard; Underground Hazard; Products/Completed Operations Hazard; Contractual Insurance, with an endorsement on the face of the certificate that it includes the "Hold Harmless" in the last paragraph of this provision; Broad Form Property Damage; Independent Contractors; and Personal11 Injury: MINIMUM INSURANCE COVERAGE Bodily Injury and Consequent Death $300,000 Per Person Bodily Injury and Consequent Death $500,000 Each Occurrence Property Damage $100,000 Each Occurrence (b) Automobile Liability - Owned, Nonowner or Rented: MINIMUM INSURANCE COVERAGE Bodily Injury and Consequent Death $100,000 Per Person11 Bodily Injury and Consequent Death $300,000 Each Occurrence Property Damage $100,000 Each Occurrence (c) Workers' Compensation and Occupational Diseases: The Contractor shall obtain worker's compensation insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance ' company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10) 11 calendar days after the date the City requests that the Contractor sign the contract documents, the Contractor shall provide the City with a copy of its certificate of authority to self-insure its workers' compensation coverage as well as a letter, signed by the Contractor, stating that the certificate of11 authority to self-insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Contractor shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P.O. Box 9277, Corpus Christi, Texas11 78469 - Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all worker' compensation obligations incurred by the Contractor will be promptly met. (d) Employer's Liability: Minimum Insurance Coverage - $100,000 Per Person (e) Builder's Risk Insurance Coverage: Contractor will be responsible for providing builder's risk insurance coverage for the term of the contract up to and including the date the City finally accepts the project or work. Builder's risk coverage shall be an "All Risk" form. The policy shall be a completed value form. The Contractor shall provide such builder's risk coverage as indicated in the Special Provisions, which is estimated to be the value at completion of the real or personal property to be constructed, repaired or otherwise improved under the contract. (rev. Nov/94) PAGE 18 OF 29 1 Contractor shall be responsible for paying all costs necessary to procure such builder's risk insurance coverage, including any deductible. The City shall be named an additional insured on any policies providing such insurance coverage. In the event of accidents of any kind, the Contractor shall furnish the City I with copies of all reports such accidents at the same time that the reports are forwarded to any other interested parties. It shall be the Contractor's primary responsibility for immediately notifying the carriers of any or all insurance under this contract in the event of a known loss or claim presented to the Contractor by the City or a third party. 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 1: harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any other person indemnified hereunder. I; B-6-12 Contractor's Claim for Damages: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the City, he shall, within three (3) days after sustaining such alleged damage, make a written statement to the City Engineer, setting out in detail the nature of the alleged damage; and on or before the twenty-fifth (25th) day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the City Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the City Engineer access to all books of accounts, receipts, vouchers, bills of lading and other books or papers containing any evidence as to the amount or such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived and he shall not be entitled to payment on account of such damage. B-6-13 Public Utilities and Other Property to be Changed: In case it is necessary to change or move, the property shall not be moved or interfered with until ordered to do so by the Engineer, unless the plans or specifications show that such work is to be done by the Contractor. The right is reserved to the owner of public utilities to enter upon the limits of the contract for the purpose of making such changes or repairs of their property that may be necessary by performance of the contract. The City reserves the right of entering upon the limits of the contract for the purpose of repairing or relaying sewer, gas and water lines and appurtenances, repairing structures, etc., and making other repairs, changes or extensions to any City property. B-6-14 Temporary Sewer and Drain Connections: • When existing sewers have to be taken up or removed, the Contractor shall, at his cost and expense, provide and maintain temporary outlets and connections for all private or public drains or sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers; and for this purpose, he shall provide and maintain, at his own expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own expense, shall construct such troughs, pipes or other structures necessary and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such time as the permanent connections are built and in service. The existing sewers and connections shall be kept in service and maintained under the contract except where specified or ordered to be abandoned by the Engineer. All water or sewage shall be disposed of in a 11. (rev. Nov/94) PAGE 19 OF 29 S satisfactory manner so that no nuisance is created and so that the work under construction will adequately be protected. B-6-15 Arrangement and Charge for Water Furnished by the City: Where the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the City of Corpus Christi, Department of Public Utilities for so doing. However, this in no way obligates the City to provide water. B-6-16 Use of Fire Hydrants: No person shall open, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve or stop cock, or tap and water main belonging to the City unless duly authorized to do so by the City of Corpus Christi, Water Division Superintendent. B-6-17 Use of a Section or Portion of the Work: Wherever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these specifications or the contract pending final completion and acceptance of the work; all necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship or to operations of the Contractor, shall be performed by the Contractor at his own cost and expense. I B-6-18 Separate Contracts: The City reserves the right to make essential installation of items not included in the contract prior to acceptance of the project from the Contractor. Within this right, the City may let other contracts or may do such work with its own materials and labor forces. The City, in reserving this right, warrants that it will cooperate with the Contractor's forces and goals. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or company or by City employees. The Contractor shall cooperate to the end that the City may realize a complete functioning of the project on the date of Final Acceptance. B-6-19 Contractor's Responsibility for the Work: Until written acceptance by the Engineer, as provided for in these specifications, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any other cause whatsoever, whether arising from the execution or non-execution of the work. The Contractor shall rebuild, repair, restore and make good, at his own cost and expense, all injuries or damages to any portion of the work occasioned by any of the hereinabove causes. B-6-20 No Waiver of Legal Right: Inspection by the Engineer, any order, measurement, quantity or certificate by the Engineer; any order by the City for payment of money; any payment for or acceptance of any work; or any extension of time; or any possession taken by the City shall not operate as a waiver of any provisions of the contract or any power therein reserved to the City of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be waiver of any other or11 subsequent breach. The City reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The City reserves the right (rev. Nov/94) PAGE 20 OF 29 I C to claim and recover by process of law sums as may be sufficient to correct any 1: error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the Contractor or his agents and the Engineer or his assistants, discovered in the work after the final payment has been made. 1: B-6-21 Indemnification and Hold Harmless: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from an act or omission of the Contractor, or any subcontractor, supplier, 1: materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or the operations or activities of the Contractor or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. B-6-22 Tax Exemption Provision: 1: Contracts awarded by the City of Corpus Christi qualify for exemption pursuant to the provision of Article 20.04 (H) of the Texas Limited Sales, Excise and Use Tax Act. The Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to. his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's Ruling #95-0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's Ruling #95-0.09 as amended to be effective October 2, 1968. 1: B-7 PROSECUTION AND PROGRESS: B-7-1 Subletting the Work: 1: The Contractor shall perform with his own organization and with the assistance of workmen under his immediate superintendence, work of a value not less than fifty percent (50%) of the value of all work embraced in the contract exclusive of items not commonly found in contracts for similar work or which require highly-specialized knowledge, craftsmanship and/or equipment not ordinarily available in the organizations of Contractors performing work of the character embraced in the contract. No portion of the work covered by these 1: specifications and contract, except contracts for purchase and delivery of materials, shall be sublet without written permission of the City. If the Contractor sublets any part of the work to be done under his contract, he will not, under any circumstances, be relieved of his responsibility and obligations. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees and/or workmen and shall be subject to the same requirements as to character, competency, wages and hours. The City will not recognize any subcontractor on the work. The Contractor shall, at all times when the work is in operation, be represented either in person or by a qualified superintendent or other designated representative. B-7-2 Assignment of Contract: The Contractor shall not assign, transfer, convey or otherwise dispose of the contract or his right, title or interest in or to the same, or any part thereof, without the previous consent of the City Council and concurred in by the sureties. If the Contractor does without such previous consent assign, transfer, convey or otherwise dispose of the contract or of his rights, title or interest therein, or any part thereof to any persons, partnership, company, firm or (rev. Nov/94) PAGE 21 OF 29 I I corporation, or by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract or make default in or abandon said contract, then the contract may, at the option of the City, be revoked or annulled, unless the sureties shall successfully complete said contract; and any monies due or to become due under said contract shall be retained by the City as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. B-7-3 Prosecution of the Work: Prior to beginning construction operations, the Contractor shall submit to the Engineer a chart or brief of his work schedule outlining the manner and sequence of prosecution of the work that he intends to follow in order to complete the contract within the allotted time. Whenever, during the course of the work, this planned sequence and/or method must be revised, such revision shall be submitted in writing to the Engineer. The Contractor shall begin the work to be performed under this contract11 within the time limit stated in the Agreement and shall conduct the work in such a manner and with sufficient equipment, materials and labor as is necessary to insure its completion within the time limit. The sequence of all construction operations shall be at all times as directed be or approver by the Engineer. I/ Such direction or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the contract. Should the prosecution of the work be discontinued by the Contractor, he shall notify the Engineer at least twenty-four (24) hours in advance of resuming operations. B-7-4 Limitation of Operations: The work shall be so conducted as to create a minimum amount of inconvenience 11 to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closes or is carrying on operations on a greater portion of the street or public way than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the sections on which work is in progress before operations are started on any additional section. B-7-5 Character of Workmen and Equipment: I Local labor shall be used by the Contractor if available. The Contractor may bring in from outside the City his key employees and superintendent. All other employees, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent and the Engineer may demand the dismissal of any person or persons employed by the Contractor in, about or on the work who shall misconduct himself or be incompetent or negligent in the proper performance of his or their duties or neglect or refuse to comply with the directions of the Engineer, and such person or persons shall not be employed thereon again without the written consent of the Engineer. All workmen shall have sufficient skill and experience to perform properly the work assigned them. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory working condition. Equipment on any portion of the work shall be such that no injury to the work or adjacent property will result from its use. B-7-6 Working Hours: Work shall be done only during the regular and commonly accepted and prescribed working hours. No work on any unit of this contract shall be performed before 7 a.m., or after 6 p.m., or on Sunday, or on a regular holiday as listed in the definitions, unless special permission is given in writing by (rev. Nov/94) PAGE 22 OF 29 C the Engineer. Excepted from the preceding shall be the setting of flashers, 1: maintenance of barricades, wetting of concrete curing mats, and such measures as the Contractor must take to protect life and property, as are of an emergency nature and not merely extensions of the regular working day. Attention is directed to the definition for contract time. B-7-7 Time of Commencement and Completion; The Contractor shall commence the work within the time specified, and the rate of progress shall be such that the whole work will be performed and the premises cleaned up in accordance with the contract, plans and specifications within the time limit specified in the contract unless an extension of time be made in the manner hereinafter specified. B-7-8 Extension, of Time of Completion: The Contractor shall be entitled to an extension of time as provided herein only when claim for such extension is submitted to the City in writing by the Contractor within seven (7) days from and after the time when any alleged cause of delay shall occur, and then only when such claim is approved by the City. In adjusting the contract time for the completion of the project, unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including but not restricted to inability to obtain supplies and materials, acts of God, or the public enemy, acts of the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather 1: conditions (weather which is beyond the normal weather recorded and expected for the season or seasons of the year in the records of the National Oceanic and Atmospheric Administration's Climatic Data Center) , or delays of subcontractors due to such causes; all provided that actual stoppage of work ensues and no fault of the Contractor is involved. If the satisfactory execution and completion of the contract should require work and materials in a greater amount, or quantities, than those set forth in the contract, then the contract time shall automatically be increased the same proportion as the cost of the additional work bears to the cost of the original work contracted for. No allowance will be made for delays or suspension of the prosecution of the work due to the fault of the Contractor. 1: B-7-9 Computation of Contract Time for Completion: For the purpose of computation, the contract time shall begin with the tenth (10th) calendar day after the date of the written authorization by the City Engineer to begin work, or such earlier date as work, other than the delivery of materials, is actually commenced. 1: The Engineer shall furnish the Contractor a monthly statement showing the days (calendar or working) charged during the month. If no protest as to the correctness of the statement is filed within seven (7) days by the Contractor, the statement will stand. Contract time shall be charged as described under the definition thereof. B-7-10 Failure to Complete on Time: 1: The time of completion is the essence of the contract. For each day (calendar or working) that any work shall remain uncompleted after the time specified in the time specified in the proposal and contract, or the increased time granted by the City, or as automatically increased by additional work or materials ordered after the contract is signed, a sum per day will be deducted from the monies due the Contractor, not as a penalty but as liquidated damages. 1: This sum of liquidated damages per day will be as shown in the special provisions, proposal or elsewhere in the contract documents. (rev. Nov/94) PAGE 23 OF 29 I The sum of money thus deducted for such delay, or noncompletion is not to be considered as a penalty but shall be deemed, taken and treated as reasonable liquidated damages since it would be impracticable and extremely difficult to fix the actual damages, with such sums of money to be deducted from Contractor's monies at the time or times such damages begin to occur, thence to the completion of construction. B-7-11 Suspension by Court Order: The Contractor shall suspend such part or parts of the work ordered by the Court, and will not be entitled to additional compensation by virtue of such Court Order. Neither will he be liable to the City in the event and for the time the work is suspended by Court Order. B-7-12 Temporary Suspension: The Engineer shall have the authority to suspend the work wholly or in part for such period or periods as he may deem necessary due to unsuitable weatherI/ conditions as are considered unfavorable for the suitable prosecution of the work. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily or become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work and erect temporary structures where necessary. The Contractor shall not suspend work without written authority from the Engineer and shall proceed with work promptly when notified by the Engineer to resume operations. B-7-13 Suspension of Work and Annulment of Contract: The work or any portion of the work under contract shall be suspended immediately on written order of the City Engineer or the City Manager, a copy of such notice to be served on the Contractor's sureties, or the contract may be annulled by the City for any good cause or causes, among others of which special reference is made to the following: (a) Failure of the Contractor to start the work within the specified number of calendar days from the date of written notice by the City to begin the work. (b) Substantial evidence that the progress of the work being made by the Contractor is insufficient to complete the work within the specified time. (c) Failure of the Contractor to provide sufficient and proper equipment for properly executing the work. (d) Substantial evidence that the Contractor has abandoned the work. (e) Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work. (f) Deliberate failure on the part of the Contractor to observe any requirements of these specifications or to comply with any orders given by the Engineer as provided for in these specifications. (g) Failure of the Contractor to promptly make good any defects in materials or workmanship, or any defects of any nature, the correction of which has been directed in writing by the Engineer. (h) Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of the work under contract. (rev. Nov/94) PAGE 24 OF 29 1 I When the work is suspended for any of the causes itemized above or for any 1: other cause or causes, the Contractor shall discontinue the work or such part thereof as the City shall designate, whereupon the sureties may, at their option, assume the contract or that portion thereof which the City has ordered the Contractor to discontinue, and may perform the same, or may, with the written 1: consent of the City, sublet the work or that portion of the work so taken over, provided however that the sureties shall exercise their option, if at all, within two (2) weeks after the written notice to discontinue the work has been served upon the Contractor and upon the sureties or their authorized agents. The sureties in such event shall assume the Contractor's place in all respects, and shall be paid by the City for all work performed by them in accordance with the terms of the contract. All monies remaining due the Contractor at the time of his default shall thereupon become due and payable to the sureties as the work 1: progresses, subject to all the terms of the contract. In case the sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract or that portion thereof which the City has ordered the Contractor to discontinue, then the City shall have the power to complete by contract or otherwise as it may deem necessary; and the Contractor hereto agrees that the City shall have the right to take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purpose of his work and to procure other tools, 1: equipment and materials for the completion of the same, and to charge to the account of the Contractor the expenses of said contract or labor, materials, tools, equipment and expenses incidental thereto. The expense so charged shall be deducted by the City out of such monies as may be due or may at any time 1: thereafter become due the Contractor under and by virtue of the contract or any part thereof. The City shall not be required to obtain the lowest bid for the work of completing the contract, but the expenses to be deducted shall be the actual cost of such work. In case such expense is less than the sum which would have been payable under the contract if the same had been completed by the Contractor, then in such case, the City may pay to the Contractor the difference in cost provided that the Contractor shall not be entitled to any claim for damages or for loss of anticipated profits; in case such expense shall exceed the amount which would have been payable under the contract if the same had been completedby the Contractor, then the Contractor and his sureties shall pay the amount of such excess to the City on notice from the City of the excess due. When any particular part of the work is being carried on by the City by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the contract, and in such manner as not to hinder or interfere with the performance of workmen employed as above provided by the City. B-7-14 Termination of Contract: 11; The contract will be considered fulfilled, saved as provided in any maintenance stipulations, bond or by law, when all the work has been completed, the final inspection made by the Engineer, and final acceptance and final payment made by the City. B-7-15 No Intent to Benefit Third Parties Notwithstanding anything contained in this Agreement to the contrary, 1: nothing in this Agreement, expressed or implied, is intended to confer on any person other than the parties hereto or their respective heirs, successors, executors, administrators and assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement. B-8 MEASUREMENT AND PAYMENT: B-8-1 Measurement of Quantities: The determination of quantities of work acceptably completed under the terms of the contract, or as directed by the Engineer in writing, will be made by the Engineer, based on measurements made by the Engineer. These measurements will be (rev. Nov/94) PAGE 25 OF 29 I I taken according to the U.S. Standard Measurements, used in common practice, and will be the actual length, area, solid contents, numbers and weight. It is pointed out that inclusion in the standard construction specifications of paragraphs describing methods of measurement and payment is not intended to imply that separate payments shall be made under each such standard specification. The units for which payment shall be made are those stated in the proposal. 3-8-2 Unit Price: Where in the proposal form a "Unit Price" is set forth, the "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, appliances, plant and equipment appurtenant to and necessary for construction in every detail and the completion in a first class, workmanlike manner of all the work to be done under these specifications. The "Unit Price" shall also include all permanent protection of overhead, surface and underground structures, cleaning up, finish, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements, delay, profit, injuries, damages, claims and all other items not specifically mentioned that may be required to construct fully each item of the work complete in place. I B-8-3 Scone of Payment: The Contractor shall receive and accept the compensation, as herein provided, 1 in full payment for furnishing all labor, tools, materials, equipment and incidentals; for performing all work contemplated and embraced under the contract; for all lose or damage arising out of the nature of the work or from the action of the elements; for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work and before its final acceptance by the Engineer; for all risks of whatever description connected with the prosecution of the work; for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the work as herein specified; for any infringement of patents, trademarks or copyrights; and for completing the work in an acceptable manner according to the plans and specifications. The payment of any current or partial estimate prior to final acceptance of the work by the City shall in no way constitute an acknowledgement of the acceptance of the work nor in any way prejudice or affect the obligation of the Contractor to repair, correct, renew, or replace, at his expense, any defects or imperfections in the construction or in the strength or quality of the materials used in or about the construction of the work under contract and its appurtenances, nor any damage due or attributed to such defects, imperfections or damage shall have been discovered on or before the final inspection and acceptance of the work. The Engineer shall be the sole judge of such defects, imperfections or damage; and the Contractor shall be liable to the City for failure to correct the same as provided herein. B-8-4 Payment for Extra Work: Extra work authorized and approved by the City Engineer and performed by the Contractor will be paid for in the manner hereinafter described, and the compensation thus provided shall be accepted by the Contractor as payment in full 11 for all labor, material, tools, equipment and incidentals and all superintendents' time and timekeepers' services, all insurance, bond and all other overhead expenses incurred in the prosecution of the extra work. Payment for extra work will be calculated on one of the following basis, subject to all other conditions of the contract: (a) By unit prices agreed on in writing by both parties, payment to be for the quantity actually installed as finally measured. (b) By a lump sum price agreed on in writing by both parties. (rev. Nov/94) PAGE 26 OF 29 I C (c) By actual field cost of the work plus fifteen percent (15%) as described herein below, agreed on in writing by both parties. In the event extra work is to be performed and paid for under this method, the actual field cost of the work will include the cost of all workmen, foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rental or machinery equipment, only for the time actually employed or used on such extra work, plus all power, fuel, lubricants, water and similar operating expenses, and a rateable proportion of premiums on Performance and Payment Bonds, public liability and Workmen's Compensation and all other insurance required by law or ordinance. The Engineer will direct the form in which the accounts or actual field cost will be kept and will specify in writing the methods of doing the work, and the type and kind of machinery and equipment to be used, and shall have authority to suspend such extra work if in his judgement it is being conducted in a manner wasteful of materials, equipment, or labor, or is not being prosecuted in an efficient manner. The fifteen percent (15%) of the actual field cost to be paid the Contractor shall cover and compensate him for profit, overhead, general superintendence and field office expense, and all other 1: elements of cost and expense not embraced within the actual field cost as herein specified. The Contractor shall give the Engineer access to all accounts, bills, invoices and vouchers relating thereto. In the event agreement cannot be reached on method or prices of payment for extra work, the City reserves the right to enter on the job with its own forces or to hire other contractors to perform such extra work. B-8-5 Policy on Extra Work and Change Orders: The City Council of the City of Corpus Christi has adopted the following Construction Change Order Policy which will be applicable to all City construction projects, and the Contractor is hereby advised to be so guided in the proceeding with any item of work which he considers to be extra work: (a) All change orders require written quotations and must be approved in writing by the Contractor and the City Engineer or his representative prior to the work being done. (b) All change orders in involving an expenditure of $10,000.00 or more must be approved by the City Council. (c) The City Manager, or duly authorized Assistant City Manager, has authority to approve change orders between $5,000.00 and $10,000.00. The City Manager may authorize change orders in excess of this amount only in emergency situations where undue delays could cause damages, either physical or monetary, to the City, Contractor, or general public. However, final approval must be granted by the City Council. (d) The City Engineer has authority to issue change orders up to $5,000.00. (e) The total amount of all change orders to a contract shall not exceed 25% of the original contract price. Contractors are advised that the City is under no obligation to appropriate change order(s) which have not been prepared and executed as stated herein. The addition of items of work covered by unit prices may be performed without written change orders unless the quantity and cost of such work, in the Engineer's opinion, require such written change orders, in which event the Contractor will 1: be so notified. B-8-6 Partial Estimates: 1: (rev. Nov/94) PAGE 27 OF 29 I I After the twenty-fifth (25th) day of the month and at the Contractor's request, the Engineer will make an approximate estimate of the value of the work done during the month under the specifications, which approximate estimate may include the full net invoice value of acceptable non-perishable materials delivered to the work (i.e. materials on hand) . The Contractor shall furnish to the Engineer such detailed in formation as he may request to aid him as a guide in the preparation of partial estimates. It is understood that the partial estimates from month to month will be approximate only and all partial estimates and payments will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not in any respect be taken as an admission of the City of the amount of work done or of its quality or sufficiency nor as an acceptance of the work or the release of the Contractor of any of his responsibility under the contract. In determining the partial payment to be made to the Contractor, the City will retain five percent (5%) of the total approximate estimate, unless otherwise stated, and will deduct payments previously made. No partial payment will be made when the said estimate or the estimates of work done since the last previous estimate is less than One Hundred Dollars ($100.00) in amount. All retainage is due and payable to the Contractor upon successful completion of the project and will be included in the final payment. Payment shall be withheld as elsewhere herein specified. The City reserves the right to increase the retainage. In contracts in which the total amount bid is Four Hundred Thousand Dollars ($400,000) or more and providing for retainage of greater than five percent (5%) of the total estimate, the amount retained shall be deposited in an interest bearing account and the interest earned shall be paid to the contractor upon completion of the contract with the final payment, unless withheld as otherwise specified. B-8-7 Withholding Payment: Payment of estimates may be withheld if the work is not being executed in accordance with the specifications and contract and/or to cover known claims as elsewhere specified. B-8-8 Final Cleanup: Upon completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of the work in a neat, orderly condition, equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. Such final cleanup shall in general be considered as subsidiary to the established pay items as a whole. B-8-9 Final Acceptance: I Whenever the improvement provided for by contract shall have been completely performed on the part of the Contractor, the Contractor shall notify the Engineer that the improvement is ready for final inspection. The Engineer will then make such final inspection; and if the work is satisfactory and in accordance with the specifications and contract, he will certify such completion for Final Acceptance. B-8-10 Final Payment: Whenever the improvement provided for by contract shall have been completely performed on the part of the Contractor as evidenced by the Engineer in the Certificate of Final Inspection and Acceptance, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements and computations can be made. All prior estimates upon which payments have been made are subject to necessary corrections or revisions in the final payment. The amount of this final estimate, less any sums that have been deducted or retained under the provisions of the contract, will be paid the Contractor within thirty (30) days after Final Acceptance provided the Contractor has furnished to the City satisfactory evidence in the form of an affidavit(s) that all sums of money due for any labor, materials, apparatus, fixtures, or machinery furnished for and used in the prosecution of the work have been paid; or that the person or persons to whom the sum may respectively be due have consented to such final payment. The improvement (rev. Nov/94) PAGE 28 OF 29 I L will not be recommended for Final Acceptance until this payment affidavit has been submitted. The acceptance by the Contractor of the last payment as aforesaid shall 1: operate as and shall be a release to the City from all claims or liabilities under the contract for anything done or furnished or relating to the work under the contract or for any act of neglect of said City relating to or connected with the contract. 1: B-8-11 Maintenance Guaranty: The Contractor shall maintain and keep in good repair the work herein contracted to be done and performed for a period of one (1) year from the date of acceptance, or for such lesser or greater period as may be specially provided, shall do all necessary backfilling that may arise on account of sunken conditions in ditches, or otherwise, and shall do and perform all necessary work and repair any defective condition growing out of or arising from the improper joining of the same, or on account of any breaking of the same caused by 1: the said Contractor, in laying or building the same, or on account of any defect arising in any of said parts of said work laid or constructed by said Contractor, or on account of improper excavation or backfilling; it being understood that the purpose of this section is to cover all defective conditions arising by reason of negligence of the Contractor, or by reason of defective materials, work or labor performed by the said Contractor, and in case the said Contractor shall fail to do so, it is agreed that the City may do said work and supply such materials, and charge the same against the said Contractor and sureties on this obligation. This provision shall further, and in addition, be evidence by the provisions of the Performance Bond or such other bond as may be required. L I; L I I I I I C (rev. Nov/94) PAGE 29 OF 29 rr `r irr w PART C FEDERAL WAGE RATES AND REQUIREMENTS lio S S 1 1: General Decision Number: TX150342 03/06/2015 TX342 1: Superseded General Decision Number: TX20140342 State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on thiswage determination, if it 1: is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections 1: under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 1 03/06/2015 BOIL0074-003 01/01/2014 Rates Fringes BOILERMAKER $ 23.14 21.55 ELECO278-002 08/16/2013 Rates Fringes ELECTRICIAN $ 23.70 3%+6.60 ENGI0178-005 06/01/2014 Rates Fringes 1: POWER EQUIPMENT OPERATOR (1) Tower Crane $ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under $ 27.50 10.60 IRON0084-011 06/15/2014 irRates Fringes L 11 II IRONWORKER, ORNAMENTAL $ 22.02 6.35 * SUTX2014-068 07/21/2014 1 Rates Fringes BRICKLAYER $ 20.04 0.00 II CARPENTER $ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER $ 15.33 0.00 1 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical IISystem Insulation) $ 19.77 7.13 IRONWORKER, REINFORCING $ 12.27 0.00 IRONWORKER, STRUCTURAL $ 22.16 5.26 II LABORER: Common or General $ 9.68 0.00 11 LABORER: Mason Tender - Brick $ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete $ 10.58 0.00 II LABORER: Pipelayer $ 12.49 2.13 LABORER: Roof Tearoff $ 11.28 0.00 II OPERATOR: Backhoe/Excavator/Trackhoe $ 14.25 0.00II OPERATOR: Bobcat/Skid Steer/Skid Loader $ 13.93 0.00 11 OPERATOR: Bulldozer $ 18.29 1.31 OPERATOR: Drill $ 16.22 0.34 il OPERATOR: Forklift $ 14.83 0.00 OPERATOR: Grader/Blade $ 13.37 0.0011 OPERATOR: Loader $ 13.55 0.94 OPERATOR: Mechanic $ 17.52 3.33il OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.03 0.00 II OPERATOR: Roller $ 12.70 0.00 PAINTER (Brush, Roller, and Spray) $ 14.45 0.00 II PIPEFITTER $ 25.80 8.55 II 1 I: 1; PLUMBER $ 25.64 8.16 ROOFER $ 13.75 0.00 1: SHEET METAL WORKER (HVAC Duct Installation Only) $ 22.73 7.52 I: SHEET METAL WORKER, Excludes HVAC Duct Installation $ 21.13 6.53 1: TILE FINISHER $ 11.22 0.00 TILE SETTER $ 14.74 0.00 I: TRUCK DRIVER: Dump Truck $ 12.39 1.18 TRUCK DRIVER: Flatbed Truck $ 19.65 8.57 1: TRUCK DRIVER: Semi-Trailer Truck $ 12.50 0.00 I: TRUCK DRIVER: Water Truck $ 12.00 4.11 WELDERS - Receive rate prescribed for craft performing 1: operation to which welding is incidental. 1: Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses 1: (29CFR 5.5 (a) (1) (ii) ) . 1: The body of each wage determination lists the classification 1: and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular 1: rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . I: Union Rate Identifiers A four letter classification abbreviation identifier enclosed 1: in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of 1: the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing I 11 the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates11 the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date11 for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of 11 each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 11 WAGE DETERMINATION APPEALS PROCESS I/ 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on 11 a wage determination matter * a conformance (additional classification and rate) ruling I C 1: On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3.) should be followed. 1: With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: 1: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 1: 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: 1: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 1: I I I City of _ Corpus ' --IMMO Christi /WNWHOUSING AND COMMUNITY DEVELOPMENT CDBG PROGRAM CITY REQUIREMENTS AND FEDERAL REGULATIONS PACKET PROJECT NAME: Ethel Eyerly Senior Center (AC Replacement) FY13 Concerns with any of the federal regulations must be forwarded to: H.F.Garcia Federal Bldg/US Courthouse Dept.of Housing and Urban Development(HUD) 615 E.Houston St.,Ste 347 San Antonio,TX 78205 Phone:(210)475-6800 x2295 Fax:(210)472-6825 frs AND COPY TO: The City of Christi Christi Community Development iko P.O.Box 9277,Corpus Christi,TX 78469 Phone: (361)826-3010 Fax: (361)826-1740 REV: January 2014 fir iI Fax: (361)826-1740 REV: January 2014 kr iis TABLE OF CONTENTS -- PAGES SECTION I 3 Is Introduction SECTION II 4-11 Forms Required by Contractor SECTION III 12-20 Recap of Federal Requirements SECTION IV 21-23 Required Reports SECTION V 24-26 Project Sign and Required Federal Postings SECTION VI 27-32 Davis Bacon Compliance: Weekly Payrolls&Wage Rates lie SECTION VII 33-36 Project Close Out Documents r I I Page 2 of 36 a SECTION I 6 INTRODUCTION The City of Corpus Christi (City), is the local participating jurisdiction for the U.S. Department of Housing and Urban Development (HUD). This Project (Ethel Eyerly Senior Center - AC Replacement) was funded with FY2013 CDBG Program funds. Project is located at 645 Graham, Corpus Christ,Texas, Nueces County. As per the Interdepartmental Agreement executed between the City's Parks and Recreation Department and Neighborhood Services Department, who administers the CDBG Program and all parties engaged in carrying out the construction phase of this Project shall collectively agree to comply with the requirements and provisions as per said Agreement and as required by HUD. Community Development (CD) staff on behalf of the City is committed to providing the technical assistance needed to successfully carry out the construction phase of this project. Facility and all improvements must be used to meet a national objective (benefit low/moderate income persons/families) for five (5) years after project is closed by CD staff. Construction must be at a standard that when properly maintained, remains safe and operable for the duration of the five (5)year period,as set forth in the Interdepartmental Agreement and as required by HUD. Compliance with Local. State and Federal Requirements: F` A recap of federal regulations has been provided in this Federal Regulations Packet and in the event that additional local, state or federal regulations come to light which must be adhered too, CD staff shall notify "Key" project parties and expects that they will assist in coordinating which ever means necessary to ensure Architect,Contractor, subcontractors, including their staff and vendors par-taking in the execution of the planning,design and construction phases of the Project shall observe and comply with all local,state and federal rules and regulations as mandated, accordingly. It is evident that not all local,state or federal regulations can be provided within is this Manual; however,all parties involved with execution of this Project must acknowledge that this Manual in no way is meant to constitute a complete compilation of all obligations imposed upon by regulations mandated by local,state or federal agencies. On the other hand,some of the is federal requirements included in this Manual may not necessarily be applicable. CITY STAFF CONTACT INFORMATION MAILING ADDRESS Mona Wells/Contract Administrator City of Corpus Christi Phone#: 361.826.3045 Community Development Fax#: 361.826.1740 P.O. Box 9277 ! " Corpus Christi,TX 78469 E-mail: monaw()cctexas.com r 6 Page 3 of 36 r Y'. is r SECTION II pp6 FORMS REQUIRED TO BE SUBMITTED BY CONTRACTOR f ailI r I I N I Page 4 of 36 r j FORMS TO BE SUBMITTED TO CITY BY AWARDED CONTRACTOR r If you need assistance completing these forms,please contact Mona Wells, CDBG Contract Administrator,at(361)826-3045. it RECAP OF REQUIRED DOCUMENTS TO BE SUBMITTED TO CD STAFF BEFORE CONSTRUCTION STARTS: --Insurance Documents Approved by City Risk Management Dept. (including all subcontractors) --Bid Bonds as applicable thru City's JOC process --Disclosure of Interest Form (see Page 6) --Certification Regarding Lobbying Form (see Page 7) --Affirmative Action Plan (see Page 8) --List of Subcontractors (see Page 9) --Section 3 Form (page 10 & page 11) --Project Sign is in place with required language and federal postings (see Pages 24 &25) NOTE: PAYMENTS MAY BE WITHHELD UNTIL CD OFFICE RECEIVES r DOCUMENTS LISTED ABOVE. its r Page 5 of 36 r lig 41011*. j yAr SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus Chnsti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Barcom Commercial, Inc. P.O.BOX: STREET ADDRESS: 5826 Bear Lane TATE Corpus Christi. TX ZIP: 78415 FIRM IS: 1. Corporation ex 2. Partnership 3. Sole Owner 0 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name . Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each"board member"of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named`firm." N/A Consultant FILING REQUIREMENTS if a person who requests official action on a matter knows that the requested action \vill confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Elaine R. Hoffman Title: President 1'11 ye or hint) Signature of Certifying )1 (��) Date: Person: r '`) October 24, 2012 DEFINITIONS a. "Board member." A member of any board. commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi. Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company. joint venture, receivership or trust. and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division I leads, and Municipal Court Judges of the City of Corpus Christi,Texas. f "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a fine, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts. proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. FP* to " CITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS 1 � f f `•s City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable,answer with"NA."See the definitions for the Disclosure of Interest in Section II-General Information. COMPANY NAME: PROJECT NAME: 01, MAILING ADDRESS: CITY: ZIP: FIRM is: 1. Corporation( ) 2. Partnership( ) 3. Sole Owner( ) 4. Association ( ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach a separate sheet. 1. State the names of each"employee"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board,Commission,or Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an"ownership interest"constituting 3%or more of the ownership in the above PP named"firm." Name Consultant CERTIFICATE: I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested,and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Title: FP ,, (Type or Print) Signature of Certifying Person: Date: Page 6 of 36 r CERTIFICATION REGARDING LOBBYING GOPQus C(,�t o CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, Ater, _ AND COOPERATIVE AGREEMENTS f,-;i The undersigned certifies,to the best of his or her knowledge and belief,that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or an employee of any agency. a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any federal contract,grant, loan,or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit with this a Standard Form-I 1,"Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipicnts shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, and U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. LOCl/AV- A g7/5 - Signature Date # 'ern Print Name of Authorized Individual a/ V ?7/27e/C/a/ 49C Organization Name Page 7 of 36 r 1 CERTIFICATION REGARDING LOBBYING spUs CN q, CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AirO AND COOPERATIVE AGREEMENTS 7892 The undersigned certifies,to the best of his or her knowledge and belief,that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any federal contract,grant, loan,or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit with this a Standard Form-11,"Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. is This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, and U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Date Print Name of Authorized Individual Organization Name Illl it Page 7 of 36 BARCOM • GENERAL CON IRACIOR COMMERCIAL, Inc. AFFIRMATIVE ACTION PLAN Barcom Commercial, Inc. in compliance with Executive Order No. 11246 AND Section 3 of the Housing and Urban Development Act regarding Equal Employment Opportunity Hereby gives notice that no person in the United States shall, on the ground of race,color, religion, set or national origin, be denied employment and further assurance is also given that Barcom Commercial. Inc. will immediately take any reasonable measures to effectuate this policy. Notice of the policy will be placed in plain sight at the job location for the benefit of interested parties AND all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. Leslie Estrada has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts,to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. AFFIRMATIVE CONTRACTIING AND SUBCONTRACTING In Accordance with Paragraph 135.70 of Section 3 will use the HUD Business Registry, as far possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontracts of$10,000.00 or more. UTILIZING LOWER INCOME RESIDENT,MINORITIES AND WOMEN To the maximum extent feasible, Barcom Commercial,Inc.AND all subcontractors will use lower income residents as trainees, apprentices and workers(if qualified)to complete the work on the Project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission. Special efforts will also be made to recruit minorities and women. Barcom Commercial, Inc.AND all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the Project. The manpower needs will be make known to the resources name above. The Agency will also ensure that subcontractors are informed of the affirmative action reporting requirements and insure compliance. Elaine Hoffman5[ 1/15 Print Name of Executive Officer Signature uj Date ff Leslie Estrada 5 11 I 1�— Print Name of EEO Officer Signature Date Agency Name: Barcom Commercial, Inc. Project Name: Ethel Everly Senior Center New HVAC(CDBG FUNDS)J.O.C. Address: 5826 Bear Lane Corpus Christi,Texas 78405 Phone: 361-851-1000 5826 BEAR LANE CORPUS CHRISTI,TEXAS 78405 TELEPHONE: (361) 851-1000•FAX: (361) 851-1717 wwwbarcom.cc r AFFIRMATIVE ACTION PLAN (SAMPLE) in compliance with Executive Order NO.11246 AND Section 3 of the Housing and Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall,on the ground of race,color,religion,set or national origin,be denied employment,and further assurance is also given that will immediately take any reasonable measures to effectuate this policy. Notice of the policy will be placed in plain sight at the Job location for the benefit of interested parties AND all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts,to advise and assist key personnel and staff,and officially serve as focal point for complaints,inquires,etc. AFFIRMATIVE CONTRACTING AND SUBCONTRACTIN( In accordance with Paragraph 135.70 of Section 3 will use the HUD Business Registry,as far possible,in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Compliance with Section 3 and Executive Order No.11246 will be required of all subcontracts of$10,000 or more. UTILIZING LOWER INCOME RESIDENTS.MINORITIES AND WOMEN Yr To the maximum extent feasible, AND all subcontractors will use lower income residents as trainees,apprentices and workers(if qualified)to complete the work on this Project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission. Special efforts will also be made to recruit minorities and women. le AND all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the Project. The manpower needs will be made known to the resources name above. Ito The Agency will also ensure that subcontractors are informed of these affirmative action reporting requirements and insure compliance. Print Name of Executive Officer Signature Date Print Name of EEO Officer Signature Date it Agency Name: Project Name: fir Address: Phone#: a Page 8 of 36 ir a List of Anticipated Subcontractors Prime Contractor: C )f-Y-) 4)/7-v-xx-riva/ /i)r Phone#: Project Name: j/ ?� �yi d /"ji�ly C� ) r Ate A/A6 . Y COMPLETE THIS PORTION IS FOR RECORD KEEPING PURPOSES AFTER CONTRACT IS FORM & AWARDED SUBMIT W/BID APPROXIMATE CRAFT/SPECIALTY A $AMT. Date: SUB NIRA OR E , PROJECT MINORITY SEX/RACE Start/end / ( / G AREA? OWNED? CODES /5.— 32 `YE NO YE NO (.711/102ADDRESS . �"'•- J�e / //�(!r . / 7/5 d.L'" x -784Co I IA DUNS orTIN# CRAFT/SPECIALTY $AMT. Date: SUBCO ORAME PROJECT MINORITY SEX/RACE �J Start/end � aC�7'/l AREA? OWNED? CODES 6 --Z‘;01-77c... jL�` /C ?11���" /`-' CJtADDRESS /C11.) / � D r7 �I�f. O YES NO (SEE ENV 7./5 L.e. TY "7g 65 /f DUNS or TIN# Ji2—x/89?/o2B • CRAFT/SPECIALTY $AMT. Date: SUBCONTRACTOR NAME PROJECT MINORITY SEX/RACE Start/end AREA? OWNED? CODES YES NO YES NO (SEEBfIBW) ADDRESS DUNS or TIN a CRAFT/SPECIALTY $AMT. Date: SUBCONTRACTOR NAME PROJECT MINORITY SEX/RACE Start/end AREA? OWNED? CODES YES NO YES NO (SEfEIBWJ ADDRESS DUNS or TIN a CRAFT/SPECIALTY $AMT. Date: SUBCONTRACTOR NAME PROJECT MINORITY SEX/RACE Start/end AREA? OWNED? CODES YES NO YES NO (SEEBEIBWJ ADDRESS DUNS or TIN I oO TOTAL ABOVE:c473 332 (copy page if additional space is needed) CODES: 1-Indian B-Black H-Hispanic W-White 0-0ther M-Male F-Female Goals for Su contracts; 66733. 3'.° otal$to Area Businesses* 424 82. Total$to Minority/Women Businesses** *Set dollar amount goals for awarding of contracts to Small or Disadvantaged Area Businesses. **Also set dollar goals for awarding of contracts to businesses owned by minorities and women. Page 9 of 36 ill . List of Anticipated Subcontractors Prime Contractor: Phone#: r Project Name: COMPLETE THIS PORTION IS FOR RECORD KEEPING PURPOSES AFTER CONTRACT IS FORM & AWARDED SUBMIT W/BID APPROXIMATE CRAFT/SPECIALTY $AMT. Date: SUBCONTRACTOR NAME PROJECT MINORITY SEX/RACE 11 Start/end AREA? OWNED? CODES YES NO YES NO (SEEBEtSWW) ADDRESS DUNS orTIN f CRAFT/SPECIALTY $AMT. Date: SUBCONTRACTOR NAME • PROJECT MINORITY SEX/RACE Start/end AREA? OWNED? CODES Ma YES NO YES NO (NEW ADDRESS DUNS or TIN II CRAFT/SPECIALTY $AMT. Date: SUBCONTRACTOR NAME PROJECT MINORITY SEX/RACE Pit Start/end AREA? OWNED? CODES le YES NO YES NO (SffEELSW) ADDRESS Fro DUNS or TIN# IS CRAFT/SPECIALTY $AMT. Date: SUBCONTRACTOR NAME PROJECT MINORITY SEX/RACE Start/end AREA? OWNED? CODES YES NO YES NO (SffEfl11W) ADDRESS DUNS or TIN It CRAFT/SPECIALTY $AMT. Date: SUBCONTRACTOR NAME PROJECT MINORITY SEX/RACE Start/end AREA? OWNED? CODES YES NO YES NO (NEM ADDRESS 111 DUNS or TIN II BB TOTAL ABOVE: (copy page if additional space is needed) is CODES: 1-Indian B-Black H-Hispanic W-White 0-0ther M-Male F-Female I Goals for Subcontracts; Total$to Area Businesses* Total$to Minority/Women Businesses** *Set dollar amount goals for awarding of contracts to Small or Disadvantaged Area Businesses. **Also set dollar goals for awarding of contracts to businesses owned by minorities and women. Page 9 of 36 r • r ' `' ' City of Corpus Christi mar MIMINeighborhood Services Department City of Corpus SECTION 3 - CERTIFICATIONS Christi Housing and Urban Development regulations implementing Section 3 of the Housing and Urban Development Act of 1968 require that,to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. As evidence of compliance,the undersigned certifies that he/she will: 1. Take affirmative steps to hire and train lower income residents of the project area;and 2. Solicit the participation of business located in or owned substantially by persons residing in the area of the project. Print Name of Person: Paine Allman Signature: _ A .. � r.., ..u. Title: f r�<-,/c71efi7 Date: 5-7 7./5 Company: —,, ��tm _/�mmPre112 // �/C Page 10 of 36 ' `' `' ` City of Corpus Christi r Neighborhood Services Department City of Corpus SECTION 3 - CERTIFICATIONS Christi Housing and Urban Development regulations implementing Section 3 of the Housing and Urban Development Act of 1968 require that,to the greatest extent feasible,opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. As evidence of compliance,the undersigned certifies that he/she will: fir 1. Take affirmative steps to hire and train lower income residents of the project area;and 2. Solicit the participation of business located in or owned substantially by persons residing in the area of the project. Print Name of Person: Signature: Title: Date: Company: r 1� FP ii I Page 10 of 36 r r BBRCOM • GENET(11 CON IRACTC)R C01� • MERCIAL, Inc. Recruitment Barcom Commercial.Inc. is presently participating in the construction of a project which is funded by the Federal Government. To assure compliance under various laws we are committed to take affirmative action to recruit lower- income workers from the defined area of this project. We are also recruiting minorities and women. The area of recruitment is not limited to the project area in this case. We are an Equal Employment Opportunity Employer(male and female). /,/ This designated area of the project is: /VLLeCe s (L/275/ Project Name: Ethel Eyerlv Senior Center New HVAC The crafts(by classification) shown below reflect our primary need for manpower. CRAFT JOURNEYMAN APPRENTICE Awai Our hiring office is located at: 5826 Bear Lane Corpus Christi,Texas 78405 Phone: 361-851-1000 Your assistance in our recruiting efforts will be appreciated. Sincerely, ilhoI1 s7./5 •,y re Date 5826 BEAR LANE CORPUS CHRISTI,TEXAS•78405 TELEPHONE: (361) 851-1000• FAX: (361) 851-1717 www.barcom.cc SAMPLE LETTER TO RECRUIT SOURCES (Contractor or Subcontractor) is presently participating in the construction of a project which is funded by the Federal Government. To assure compliance under various laws,we are committed to take affirmative action to recruit lower- income workers from the defined area of this project. We are also recruiting minorities and women. The area of recruitment is not limited to the project area in this case. We are an Equal Employment Opportunity Employer(male and female). This designated are of the project is: Project Name: The crafts(by classification)shown below reflect our primary need for manpower. CRAFT JOURNEYMAN APPRENTICE r 6 Yw 6 Our hiring office is located at: Phone#: Your assistance in our recruiting efforts will be appreciated. Sincerely. r Signature Date E Page 11 of 36 SECTION III RECAP OF FEDERAL REGULATIONS CDBG PROGRAM Title 24: Housing and Urban Development ---- e-CFR Data is current as of July 31, 2009 PART 84—UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS. AND OTHER NON-PROFIT ORGANIZATIONS – Subpart E—Use of Lump Sum Grants Appendix A to Part 84—Contract Provisions All contracts, awarded by a subrecipient including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity--All contracts shall contain a provision requiring compliance with E.O. 11246,"Equal Employment Opportunity,"as amended by E.O. 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and as supplemented by regulations at 41 CFR part 60,"Office of Federal Contract Compliance Programs,Equal Employment Opportunity,and Department of Labor." 2. Copeland"Anti-Kickback"Act(18 U.S.C. 874 and 40 U.S.C. 276c) —All contracts and subgrants in excess of$2000 for construction or repair awarded by subrecipients shall include a provision for compliance with the Copeland"Anti-Kickback"Act(18 U.S.C.874),as supplemented by Department of Labor regulations(29 CFR part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient shall be prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he is otherwise entitled.The subrecipient shall report all suspected or reported violations to HUD. 3. Fair Labor Standards Act of 1938, as amended(referred to as "the Act"or"FLSA1 — is published in Chapter 9,sections 201 et seq.of U.S.C.Title 29. The Act provides for minimum standards for both wages and overtime(0/T)entitlement,and spells out administrative procedures by which covered work time must be compensated. Included in the ACT are provisions related to child labor,equal pay,and portal-to-portal activities. In addition,the Act exempts specified employees or groups of employees from the application of certain of its provisions. 4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327 through 333) —Where applicable, all contracts awarded by subrecipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.327-333),as supplemented by Department of Labor regulations(29 CFR part 5). Under Section 102 of the Act,each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours.Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 11/2times the basic rate of pay for all hours worked in excess of 40 hours in the workweek.Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, Page 12 of 36 hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement—Contracts or agreements for the performance of experimental,developmental,or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by HUD. 6. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the recipient. [59 FR 47011,Sept. 13, 1994,as amended at 72 FR 73493,Dec.27,2007] I 7.Affirmative Action Regulations and Plan--An affirmative action plan MUST be submitted by the prime contractor and all subcontractors who have contracts of$10,000 or more on the project. These must be is placed on the project sign on site for employees view. Must include percentage of AAP goals. 8. EXECUTIVE ORDER No.11246 - September 28, 1965,30 F.R.12319—EQUAL EMPLOYMENT OPPORTUNITY-Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States,it is ordered as follows: F PART I----NONDISCRIMINATION IN GOVERNMENT EMPLOYMENT Section 101. It is the policy of the Government of the United States to provide equal opportunity in Federal employment for all qualified persons,to prohibit discrimination in employment because of race,creed,color,or national origin,and to promote the full realization of equal employment opportunity through a positive, continuing program in each executive department and agency.The policy of equal opportunity applies to every aspect of Federal employment policy and practice. Sec. 201. The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of this Order.The Secretary shall adopt such rules and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts II and III of this Order. [Sec. 201 amended by EO 12086 of Oct.5, 1978,43 FR 46501,3 CFR, 1978 Comp.,p.2301 ils subpart b -- contractors' agreements Sec. 202.Except in contracts exempted in accordance with Section 204 of this Order,all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions: Page 13 of 36 "During the performance of this contract,the contractor agrees as follows: "(1)The contractor will not discriminate against any employee or applicant for employment because of race,color, religion,sex,or national origin.The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race,color, religion,sex or national origin.Such action shall include, but not be limited to the following: employment, upgrading,demotion,or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. "(2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race, color, religion,sex or national origin. "(3)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice,to be provided by the agency contracting officer,advising the labor union or workers' representative of the contractor's commitments under Section 202 of The provisions of Executive Order 11246 of Sept. 24, 1965, appear at 30 FR 12319, 12935,3 CFR, 1964-1965 Comp., p.339, unless otherwise noted. 9. Section 3-- Economic opportunities for low and very-low income persons: training,employment and contracting opportunities shall be made available to the greatest extent feasible,to low and very-low income area residents and Section 3 covered businesses. All Section 3 covered contracts shall include this clause. SECTION 3 Business Registry-please visit www.hud.gov/section 3. 10. Executive Order 12138("National Women's Business Enterprise Policy")directs all Federal agencies to take action to strengthen women-owned business enterprise and to ensure full participation by women in the free enterprise system.The Executive Order does not permit HUD to set-aside procurements for women-owned businesses. HUD makes special efforts,though,to advise women business owners of contracting opportunities and to encourage their participation in HUD procurements.The FAR requires Federal agencies to actively encourage their prime contractors to use women-owned small businesses as subcontractors.All contracts valued at$100,000 or more include a clause,which requires the prime contractor to provide the maximum practicable opportunity to women-owned small businesses to compete for subcontracts. A women-owned small business concern is defined as at least 51 percent owned by one or more women,or in the case of publicly owned businesses,at least 51 percent of the stock is owned by one or more women,and the management and daily operations of which are controlled by one or more women. 11. Drug-Free Workplace Requirements-- The Drug-Free Workplace Act of 1988(42 U.S.C. 701)requires grantees(including individuals)of federal agencies,as a prior condition of being awarded a grant,to certify that they will provide drug-free workplaces. Each potential recipient MUST certify that it will comply with drug-free workplace requirements in accordance with the ACT and with HUD's rules at 24CFR part 24,subpart F. 12. Energy Conservation— Mandatory standards and policies relating to energy efficiency which are contained in the Texas State Energy Conservation Plan shall be adhered too. Page 14 of 36 13. Clean Air Act(42 U.S.C. 7401 et seq.)and the Federal Water Pollution Control Act(33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401 et seq.)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251 et seq.).Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency(EPA). 14. Access to Records— All contracts awarded shall include a provision to the effect that the recipient,City of Corpus Christi,HUD,the Comptroller General of the United States,or any of their duly authorized representatives shall have access to any documents of the contractor which are directly pertinent to a specific program for the purpose of making audits,examinations,excerpts and transcriptions. 15. Payrolls— Weekly payroll and Certification Form WH-347: submitted weekly by prime contractor and all subcontractors who have started on the job. The first time a worker is shown on the payroll,his full name, address,social security number and his work class must be entered. Authorization for Signature of Payrolls: must be submitted by prime contractor with the first payroll of the prime AND all subcontractors. Payroll Deduction Authorization must be submitted for each employee for the first time they work on the project. 16. Davis-Bacon Act, as amended(40 U.S.C. 276a to a-7)-- When required by Federal program legislation,all construction contracts awarded by the recipients and subrecipients of more than$2000 shall include a provision for compliance with the Davis-Bacon Act(40 U.S.C.276a to a-7)and as supplemented by Pe Department of Labor regulations(29 CFR part 5,"Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").Under this Act,contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition,contractors shall be required to pay wages not less than once a week.The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination.The recipient shall report all suspected or reported violations to the City and HUD. 17. ENVIRONMENTAL PROTECTION AGENCY: Lead; Renovation, Repair,& Painting Program --- 745.65 Lead-Based Paint Hazards (a) Paint-lead hazard.A paint-lead hazard is any of the following: (1)Any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface(e.g.,the window sill,or floor)are equal to or greater than the dust-lead hazard levels identified in paragraph(b)of this section. (2)Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component(such as a door knob that knocks into a wall or a door that knocks against its door frame. (3)Any chewable lead-based painted surface on which there is evidence of teeth marks. (4)Any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility. Page 15 of 36 (b)Dust-lead hazard.A dust-lead hazard is surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 40µg/ft2 on floors or 250µg/ft2 on interior window sills based on wipe samples. (c)Soil-lead hazard A soil-lead hazard is bare soil on residential real property or on the property of a child- occupied facility that contains total lead equal to or exceeding 400 parts per million(µg/g)in a play area or average of 1,200 parts per million of bare soil in the rest of the yard based on soil samples. (d) Work practice requirements.Applicable certification,occupant protection,and clearance requirements and work practice standards are found in regulations issued by EPA at 40 CFR part 745,subpart L and in regulations issued by the Department of Housing and Urban Development(HUD)at 24 CFR part 35,subpart R.The work practice standards in those regulations do not apply when treating paint-lead hazards of less than: (1)Two square feet of deteriorated lead-based paint per room or equivalent,(2)Twenty square feet of ila deteriorated paint on the exterior building,or(3)Ten percent of the total surface area of deteriorated paint on an interior or exterior type of component with a small surface area. rw 18. RE-CAP OF AFFIRMATIVE Contracting and Subcontracting Requirements The Procurement Opportunity Programs(POP) -provide direct HUD contracting and subcontracting opportunities to businesses and organizations which are eligible for preferential treatment under a variety of Federal laws, Executive Orders,etc. (e.g.,the Small Business Act). Eligible organizations include:small,small disadvantaged,women-owned,historically underutilized business zone(HUBZone),veteran-owned,and service wri disabled veteran-owned small businesses.The POPs also provide a means for establishing and monitoring HUD's annual goals for the participation of other eligible small businesses in its direct procurement of supplies and VA. services and to report HUD's performance to the U.S.Small Business Administration(SBA). ra HUD's Office of Small and Disadvantaged Business Utilization(OSDBU),created in response to Public Law 95-507(the Amendments to the Small Business Act of 1958),is responsible for the development and administration of the POPs. For further information about the POPs you may contact the OSDBU directly. go Paragraph 135.70 of Section 3,§135.1 Purpose. (a)Section 3. The purpose of section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701u)(section 3)is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall,to the greatest extent feasible,and consistent with existing Federal,State and local laws and regulations,be directed to low-and very low-income persons,particularly those who are recipients of government assistance for housing,and to business concerns which provide economic opportunities to low-and very low-income persons. §135.72 Cooperation in achieving compliance. .04 (a)The Assistant Secretary recognizes that the success of ensuring that section 3 residents and section 3 business concerns have the opportunity to apply for jobs and to bid for contracts generated by covered HUD financial assistance depends upon the cooperation and assistance of HUD recipients and their contractors and subcontractors.All recipients shall cooperate fully and promptly with the Assistant Secretary in section 3 compliance reviews,in investigations of allegations of noncompliance made under§135.76,and with the distribution and collection of data and information that the Assistant Secretary may require in connection with achieving the economic objectives of section 3. ism (b)The recipient shall refrain from entering into a contract with any contractor after notification to the Page 16 of 36 1 recipient by HUD that the contractor has been found in violation of the regulations in this part.The provisions of 24 CFR part 24 apply to the employment,engagement of services,awarding of contracts or funding of any it contractors or subcontractors during any period of debarment,suspension or otherwise ineligible status. Subpart E—Reporting and Recordkeeping §135.90 Reporting. Each recipient which receives directly from HUD financial assistance that is subject to the requirements of this part shall submit to the Assistant Secretary an annual report in such form and with such information as the Assistant Secretary may request,for the purpose of determining the effectiveness of section 3.Where the program providing the section 3 covered assistance requires submission of an annual performance report,the section 3 report will be submitted with that annual performance report. If the program providing the section 3 covered assistance does not require an annual performance report,the section 3 report is to be submitted by January 10 of each year or within 10 days of project completion,whichever is earlier. All reports submitted to HUD in accordance with the requirements of this part will be made available to the public.(Approved by the gm OMB under control number 2529-0043) r bo Procurement. 24CFR Part 84(all inclusive as applicable) Title 24: Housing and Urban Development PART 84—UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH as INSTITUTIONS OF HIGHER EDUCATION,HOSPITALS,AND OTHER NON-PROFIT ORGANIZATIONS tow Subpart C—Post-Award Requirements iim Procurement Standards w §84.40 Purpose of procurement standards. Sections 84.41 through 84.48 set forth standards for use by recipients in establishing procedures for the procurement of supplies and other expendable property, equipment,real property and other services with Federal funds.These standards are furnished to ensure that such materials and services are obtained in an effective manner and in compliance with the provisions of applicable Federal statutes and executive orders. No additional procurement standards or requirements shall be imposed by HUD upon recipients, unless specifically required by Federal statute or executive order or approved by Office Management Budget. oro §84.41 Recipient responsibilities. The standards contained in this section do not relieve the recipient of the contractual responsibilities arising under its contract(s).The recipient is the responsible authority,without recourse to HUD,regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into in support of an award or other agreement.This includes disputes,claims, protests of award,source evaluation or other matters of a contractual nature. Matters concerning violation of statute are to be referred to such Federal,State or local authority as may have proper jurisdiction. § 84.42 Codes of conduct. The recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee,officer,or agent shall participate in the selection,award,or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved.Such a conflict would arise when the employee,officer, or agent,any member of his or her immediate family,his or her partner,or an organization which employs or is about to employ any of the parties indicated herein,has a financial or other interest in the firm selected for an e. award.The officers,employees,and agents of the recipient shall neither solicit nor accept gratuities,favors,or anything of monetary value from contractors,or parties to sub-agreements. However,recipients may set Page 17 of 36 U. 4 standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value.The standards of conduct shall provide for disciplinary actions to be applied for violations of such hi standards by officers,employees,or agents of the recipient. I - I 19. GREEN BUILDING: What Is Green Building? Green buildings are sited,designed,constructed,and operated to enhance the well-being of their occupants and support a healthy community and natural environment. In practical terms,green building is a whole-systems-approach to building that includes: • Designing for livable communities • Using sun and site to the building's advantage for natural heating,cooling,and daylighting • ).andscaoing with native,drought-resistant plants and water-efficient practices • Building quality,durable structures • Reducing and recycling construction and demolition waste • Insulating well and ventilating appropriately • Incorporating durable,salvaged. recycled,and sustainablv harvested materials • Using healthy products and building practices • Using energy-efficient and water-saving appliances,fixtures and technologies r When implemented holistically,these strategies serve to preserve our environment for future generations by conserving natural resources and protecting air and water quality.They provide benefits for us today by increasing comfort and well-being and helping to maintain healthy air quality.Finally,green building strategies hi are good for everyone's pocketbook by reducing maintenance and replacement requirements,reducing utility bills and lowering the cost of CDBG ownership,and increasing property and resale values. Five principles of green building: • Livable communities •Water Conservation • Energy efficiency •Resource Conservation • Indoor air quality it 20. TITLE 24--HOUSING AND URBAN DEVELOPMENT-Sec.92.356 Conflict of interest rivAl PART 92_CDBG INVESTMENT PARTNERSHIPS PROGRAM 118 Subpart H Other Federal Requirements r's Sec.92.356 Conflict of interest. (a)Applicability. In the procurement of property and services by participating jurisdictions,State recipients,and subrecipients,the conflict of interest provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively, apply. In all cases not governed by 24 CFR 85.36 and 24 CFR 84.42, the provisions of this section rfli apply. (b)Conflicts prohibited. No persons described in paragraph(c)of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG-assisted activity,or have an interest in any contract,subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties,during their tenure or for one year thereafter. FNA Page 18 of 36 is Title VI of the Civil Rights Act of 1964 -------- 42 U.S.C. § 2000d et sea. Overview of Title VI of the Civil Rights Act of 1964- Title VI,42 U.S.C. 2000d et seq.,wasenacted§ q, e acted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race,color,and national origin in programs and activities receiving federal financial assistance.As President John F. Kennedy said in 1963: Simple justice requires that public funds,to which all taxpayers of all races[colors,and national origins] contribute,not be spent in any fashion which encourages,entrenches,subsidizes or results in racial [color or national origin]discrimination. P" If a recipient of federal assistance is found to have discriminated and voluntary compliance cannot be achieved, the federal agency providing the assistance should either initiate fund termination proceedings or refer the matter to the Department of Justice for appropriate legal action.Aggrieved individuals may file administrative complaints with the federal agency that provides funds to a recipient,or the individuals may file suit for appropriate relief in federal court.Title VI itself prohibits intentional discrimination. However,most funding agencies have regulations implementing Title VI that prohibit recipient practices that have the effect of discrimination on the basis of race,color,or national origin. I To assist federal agencies that provide financial assistance,the wide variety of recipients that receive such assistance,and the actual and potential beneficiaries of programs receiving federal assistance,the U.S. Department of Justice has published a Title VI Legal Manual.The Title VI Legal Manual sets out Title VI legal principles and standards.Additionally,the Department has published an Investigation Procedures Manual to give practical advice on how to investigate Title VI complaints.Also available on the Coordination and Review Website are a host of other materials that may be helpful to those interested in ensuring effective enforcement of Title VI. 6 EXECUTIVE ORDER 12549 -- 51 F.R.6370,February 18, 1986 Debarment and Suspension iii By the authority vested in me as President by the Constitution and laws of the United States of America,and in order to curb fraud,waste,and abuse in Federal programs. increase agency accountability.and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs,it is hereby ordered that: PIP Sec.1.(a)To the extent permitted by law and subject to the limitations in Section 1(c),Executive departments and agencies shall participate in a system for debarment and suspension from programs and activities involving Federal financial and nonfinancial assistance and benefits.Debarment or suspension of a participant in a orm program by one agency shall have government-wide effect. (b)Activities covered by this Order include but are not limited to:grants,cooperative agreements,contracts of assistance,loans,and loan guarantees. (c)This Order does not cover procurement programs and activities,direct Federal statutory entitlements or mandatory awards,direct awards to foreign governments or public international organizations,benefits to an individual as a personal entitlement,or Federal employment. rig Page 19 of 36 l Ii Sec.2.To the extent permitted by law,Executive departments and agencies shall: (a)Follow government-wide criteria and government-wide minimum due process procedures when they act to debar or suspend participants in affected programs. r (b)Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation.and participants declared ineligible under applicable law,including Executive Orders.This information shah be included in the list to be maintained pursuant to Section 5. (c)Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended,or otherwise excluded{to the extent specified in the exclusion agreement)that party from participation in an affected program.An agency may grant an exception permitting a debarred.suspended.or excluded party to participate in a particular transaction,upon a written determination by the agency head or authorized designee stating the reason(s)for deviating from this Presidential policy. However,I intend that exceptions to this policy should be granted only infrequently. jy Sec.3. Executive departments and agencies shall issue regulations governing their implementation of this Order that shall be consistent with the guidelines issued under Section 6.Proposed regulations shall be submitted to the Office of Management and Budget for review within four months of the date of the guidelines issued under Section 6.The Director of the Office of Management and Budget may return for reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final regulations shall be published within twelve months of the date of the guidelines. Sec.4.There is hereby constituted the Interagency Committee on Debarment and Suspension,which shall monitor implementation of this Order.The Committee shall consist of.representatives of agencies designated by the Director of the Office of Management and Budget. s" Sec.S.The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions:maintain a current list of all individuals and organizations excluded from program participation under this Order,periodically distribute the list to Federal agencies,and study the feasibility of automating the list;coordinate with the lead agency responsible for government-wide debarment and suspension of contractors;chair the Interagency Committee established by Section 4;and report periodically to the Director on implementation of this Order,with the first report due within two years of the date of the Order. Sec.6.The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order,prescribe government-wide criteria and government-wide minimum due process procedures,and set forth other related details for the effective administration of the guidelines. ig1 Sec.7.The Director of the Office of Management and Budget shall report the President within 3 years of the date of this Order on Federal agency compliance with the Order,including the number of exceptions made under Section 2(c),and shall make such recommendations as are appropriate further to curb fraud.waste,end abuse. THE WHITE HOUSE, February 18,1986. SECTION IV 1111 Page 20 of 36 i1 SEMI-ANNUAL CDBG Performance Report Contract and Subcontract Activity PROJECT NAME: CDBG FY: Submission of this report is mandatory at the end of EACH reporting period; January 1st thru June 30th AND July 1st to December 31st. THIS REPORT IS DUE 10 DAYS AFTER EACH REPORTING PERIOD. ARCHITECT/PROJECT MANAGER:. Identification(ID)number: DUNs# Name: Address: Phone number(s): Amount of contract: $ Women owned business?: YES _NO Racial/ethnic code(see below): Section 3 contractor: _YES NO PRIME CONTRACTOR: Identification(ID)number DUNs# Name: Address: Phone number(s): Amount of contract $ Women owned business?: _YES _NO Racial/ethnic code(see below): Section 3 contractor: _YES NO I SUBCONTRACTOR: Identification(ID)number: DUNs# Name: Address: Phone number(s): to Amount of contract: $ Women owned business?: YES _NO Racial/ethnic code(see below): Section 3 contractor _YES NO SUBCONTRACTOR: Identification(ID)number: DUNs# Name: Address: Phone number(s): Amount of contract: $ Women owned business?: YES NO Racial/ethnic code(see below): Section 3 contractor _YES NO a Racial/Ethnic codes; Racial/Ethnic Codes fin" 1=White Americans 4=Hispanic Americans 2=Black Americans 5=Asian/Pacific Americans 611 3=Native Americans 6=Hasidic Jews Copy this page if additional information needs to be provided. Please contact Mona Wells at(361) 826-3045,if you have any questions. 1,00 I Page 21 of 36 c L r ill C . IContract and Subcontract Activity US.Department of Housing and Urban Development OMB Approval No.:2535-0117(exp.11/30/2009) Public Reporting burden for this collection of information is estimated to average.50 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of informauom.This information is voluntary.HUD may not collect this information,and you me not required to complete this form,unless it displays a currently valid OMB Control Number. Executive Order 12421 dated July 14,1983,directs the Minority Business Development Plans shall be developed by each Federal Agency and that these annual plans shall establish minority business development objectives. The information is wed by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business emetprise(MBE)goals. The Deportment requires the information to provide guidance sad oversight for programs for the development of minority business enterprise concerning Minority Business Development If the information is not collected HID would not be able to establish meaningful MBE goals not evaluate MBE perfenwnee agatmt these goals.While no amua ccs of confidentiality is pledged to respondents,HUD generally disclosed this data only In response to a Freedom of Information request Privacy Act Notice—The United States Department of Housing and Urban Development,Federal Housing Administration,is authorised to solicit the iafotrnation requested in this form by vete of Title 12,Untied Stases Code,Section 1701 et seq.,and regulations promulgated there oda at Title 12,Code of Federal regulations. It will not be disclosed or released outside the United States Deparosmt of Homing and Urban Development without your consent,except as required or permitted by law. City of Corpus Christi Agency Check it Ha 2.Location(City,State.ZIP Code) EPHA o 1201 Leopard St.,Corpus Christi,TX 78401 IHAo 35.Name of Contact Person 3b. ud'uog Area Code)361-826-3021 6 Date Steed o Field E4. 5.Program Code(Not applicable for CPD pmgams.)N/A a Office Rudy Beataot cart,CD Oct,l,2013 to Sept.30, 2014 (Annual-FY) Ser explanation of codes at bottom of page. Oct.5,2914 4. Administrator Use a separate shed for etch program cods OrantlAoJeaNuanba Amount of Type of Contractoror- Woman prime Sc Subcontractor Seo Contractor/Subcontractor Name and Address or HUD Case Number Contractor Trade Subcontractor Owned Contractor 3 Identification 3 7j, or other idantificetios Subcontract Code Business Business Identification (ID)Number of propaty, (Yes or (ID)Number pl subdivision,dwelling below) Ra�c No.) Name Street City State Zip lir anis,ere (See below) 7a. 7b. 7d. 7e. 7f. 7g. 7h 7i. Project Name 70. a r r ir CPD: 7c: Type of Trade Codes 7d:RaelaYBtbak Codes: S.Program Codes (Complete for Housing and Public and Indian Housing programs only): Homing?ublie Housing. I.New Comtroioa 1-New Cpntnotion 6—Professional I-White Americans I—All insured,including Section 8 5=Section 202 2-Education/Training 2-Substantial Rehab. 7=Tenant Services 2-Blade Ammicas 2-Fladble Subsidy 6=HUD-Held(Maoaganant) Other 3=Repair 8=Education/Training 3..Native Americans 3=Section 8 Noninsured.4.....Service 9-ArchlFag Apparel 4-Hispanic Americansq.I )Nan-RPDA 7—Publir/Indin Homing 5=Project MOmt. 0-Other 5-Asian/Pacific Americans 6=Hasidic Jews i MI rI r I INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees,developers,sponsors,builders,agencies,and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitle-ment and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than$10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts and subcontracts executed during this reporting period from Oct.l.2013 to Sept.30, 2014 SECTION 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low-and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD-60002 to report employment and training opportunities data. Form HUD-2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2)copies of this report to Housing and Community Development attention to the City of Corpus Christi Project Contract Administrator at completion of Construction but no later than five days (05)days after the end of the reporting period. Community Development Programs tia INFORMATION PROVIDED BY CITY IS IN GRAY SHADE BELOW: 1 Grantee:Enter the name of the unit of government submitting tins report. 2.Contact7erson Entername and phone of person responsiible for maintaining and submitting conftracf/subc h�ct;data.j y .}Y N > 3. hoii"e 8f'pet bn llt b - .'.�`- Contcai"tls�iibcontrac data. 7 Npm Enter the.HUD ComniMity Development Block Grant Identification Number(with dash c. f w`.B 32-MC-25-0034 Eo ntProgr and Small City multi-year . [[,u [ , .enter`th latest approved grant number INFORMATION PROVIDED BY CONTRACTOR: 7b.Amount of Contract/Subcontract:Enter the dollar amount rounded to the nearest dollar.If subcontractor ID number is provided in 7f,the dollar figure would be for the subcontract only and not for the prime contract. Ars Page 2 7c.Type of Trade:Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f.,the type of trade code would be for the subcontractor only and not for the prime contractor.The"other" category includes supply,professional services and all other activities except construction and education/training activities. 7d.Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic /gender character of the owner(s)r(s)and controller(s)of 51%of the business.When 51%or more is not owned and controlled by any single racial/ethnic/gender category,enter the code which seems most appropriate.If the subcontractor as ID number is provided,the code would apply to the subcontractor and not to the prime contractor. 7e.Woman Owned Business:Enter Yes or No. 7f.Contractor Identification(ID)Number: Prime Contractors: Enter the Employer(IRS)Number of the unique identifier for prime recipient of HUD funds.Note that the Employer(IRS)Number must be provided for each contract/subcontract awarded. 7g.Section 3 Contractor:Enter Yes or No. 7h.Subcontractor Identification (ID)Number: Enter the Employer(IRS)Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided,the respective Prime Contractor ID Number must also be provided. 7i.Section 3 Contractor: Enter Yes or No. is 7j.Contractor/Subcontractor Name and Address:Enter this information for each Contract or Subcontract awarded. r I II pa I r r I SECTION 3 SUMMARY REPORT REPORTING PERIOD: AUGUST 1,20 Thru JULY 31,20 CDBG PROJECT NAME: FY: Contractor or.Sub-contractor Name: Contract Amount: $ Phone#: Fax#: DUNs# Contractor Contact Person: Phone#: THIS REPORT WAS COMPLETED BY: PHONE#: NOTE: Submit a separate report for each CDBG funded project which had contract awarding this period which meet the following thresholds: Provide a list of"trades"ONLY for new employees hired for construction contracts awarded in excess of $200,000 AND subcontracts in excess of$100,000 during the reporting period noted above. Example: #New Hired *Section 3 Resident Individual residing TRADE: #HIRED Section 3 Resident* within the Section 3 area whose family Carpenters 3 2 income does not exceed 80%of median Truck drives 2 1 income in the Metropolitan Statistical Area lit Equipment operators 2 0 (MSA)or the county if not within MSA in Secretary 1 1 which the Section 3 covered project is Payroll Clerk 2 1 located. Technicians 1 0 ====PLEASE COMPLETE THIS SECTION==== TRADE #New Hires #New Hired Sec.3 Resident tro I If no new employees were hired,please check: 0 No new hires Provide information on what efforts you have made to comply with the Section 3 requirements on a separate sheet If you have any questions,please contact Mona Wells at(361)826-3045. Thank you. r Page 22 of 36 Section 3 Business Certification (to be completed by the business claiming Section 3 business status) All contract and subcontracts awarded on Section 3 covered projects must be reported in aggregate on the Section 3 Summary Report. For all businesses reported as being Section 3 businesses, documentation of their status must be retained in the project files. City of Corpus Christi considers this form adequate documentation of Section 3 status. is Projects funded with more than$200,000 in HUD funds are"Section 3 covered projects".Recipients on these projects, and any contractors or subcontractors with which they contract for more than $100,000 on these projects,are required to report on all contracts they make both with Section 3 business concerns as and with businesses that are not Section 3 business concerns. This form is a tool to determine and document the Section 3 business status.Documentation of the status of Section 3 Businesses should be retained in the project files. Business being certified is Company: Address: le Project information Project Name: Project Address: Section 3 determination Is your business owned(51%or more)by individuals whose household incomes are NO GREATER THAN 80%of Area Median Income(AMI)? ()Yes()No hs For assistance to determine if employee is less than 80%of the current area median income,please call 361-826-3016. im •Do 30%(or more)of your full time,permanent employees have household incomes that are NO GREATER THAN 80%of Area Median Income(AMI),or within three years of the date of first employment with the business concern were Section 3 residents? ()Yes()No m •Will you subcontract more than 25%of this contract with a qualified business that is either 51% owned by Section 3 residents or 30%or more of its employees are Section 3 residents? ()Yes()No a If any of the questions above are marked"yes",the business qualifies as a Section 3 business. r s I certify that the above statements are true,complete,and correct to the best of my knowledge and belief. Signature: Title: in Print Name: Date: If you have any questions,please contact Mona Wells at(361)826-3045. Page 23 of 36 f a SECTION V is CDBG PROJECT SIGN AND } REQUIRED FEDERAL POSTINGS fig Page 24 of 36 rfv it ' No IN CDBG PROJECT SIGN 6 i(81111 Red Background White Letters r CITY OF CORPUS CHRISTI Community Development Block Grant (CDBG) BBadcground 4 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD) L�°ettes CDBG FUNDS:$ Total Project Cost$ U Blue Background White Letters ill � U 3'6' a Locate sign where it is most visible to the public. Sign is made from a 4 feet x 8 feet sheet of W plywood. Sign should be posted at a minimum of than 3'6°high from around level. r SII r le° a Page 25 of 36 P" U as REQUIRED FEDERAL POSTINGS is The following documents MUST be posted at project site: •Prevailing Wage Rates is •Employees Rights Under the Davis Bacon Act • HUD Form 4010: Federal Labor Standards • Equal Employment Opportunity is •Section 3 Notice: Opportunities for Low and Very-Low Income Persons •OSHA 3165-Job Safety and Health Protection •WH 1284 - Notice to Workers with Disability Paid at Special Minimum Wages •WH 1420 -Your Rights Under the Family and Medical Leave Act of 1993 •WH 1462 - Notice Employee Polygraph Protection Act •Lead Based Paint Poisoning Prevention (safe workplace practices) is If you need assistance on obtaining the above, please contact N Mona Wells, (361) 826-3045. N N r r r r I Page 26 of 36 N SECTION VI lig DAVIS BACON COMPLIANCE : WEEKLY PAYROLLS lie EMPLOYEE INTERVIEWS ai km Page 27 of 36 DAVIS BACON WAGE DETERMINATION --Applicable Davis Bacon Wage Determinations will be provided by City Engineering Department with Specification Book. --If wage determination changes 10-days prior to bid opening date, updated wage rates shall apply. P g PP .Y --Employee interviews shall be conducted as designated by City Engineering Department to ensure compliance with Federal Labor Standards. Interviews will be performed randomly at project site. r PAYROLL FORM You can download fillable Payroll form: http://www.dol.gov/whd/forms/wh347.odf • Applicable Labor Provisions -for your review can be downloaded at: http://www.hudclips.org/forms • HUD Form 4010 (CDBG, CDBG programs) I NOTE: Pavrolls MUST be submitted on a weekly basis I y Prime Contractor. it is the responsibility of the Prime Contractor to submit weekly payrolls for all subcontractors. Payments will be withheld if payrolls are not submitted timely. kis --Fillable Payroll Forms can be downloaded at: http://www.adobe.com/productss/acrobat/readstep.html OR call: Mona Wells at 361-826-3045, for assistance. I is Page 28 of 36 aimr I , 0 0, " KZ i ii.* a iill .il b° cc =11 u8 silt a. IP" wii §i 9 11 , p !„ au 1 f ell I' Efili il i 1 Oil I hill li i I RI ii 1 fp i'll 11 1 I i OP Ig ..•, li ill\\\\\\\\ 1111 ill 11 1 ' 11 1111 1 € 1 g 01 "11111 i I i 1 I ' Pit li - 4 i 1 I .: 0 , 1 iy, ill i I a 1 lipi II ii 1 pi, 4. 1 li 1 e 1 1 all If gli li i ' il i 11 il i I i qii ii £ Ili Pil ft iiii I, i p 1p II i ! 11 III L1 nt 1 i it LA LA LJ L A 1 .1 1-11 I A LA i A Li LI LI L , A LA LAI L-11 LA L.411 Li 11: General Decision Number.TX140051 01/03/2014 TX51 Superseded General Decision Number:TX20130051 State:Texas Construction Type:Building Counties: Nueces and San Patriclo Counties in Texas. BUILDING CONSTRUCTION PROJECTS(does not include residential construction consisting of single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 01/03/2014 BRTX0001-005 05/01/2011 Rates Fringes BRICKLAYER $20.90 7.18 ELECO278-001 08/16/2013 Rates Fringes ELECTRICIAN $23.70 3%+6.60 W *IR0N0066-002 06/01/2013 I Rates Fringes IRONWORKER $19.60 5.95 I�r r PAIN0130-001 07/01/2009 Rates Fringes PAINTER $ 17.35 6.35 SUTX1987-002 03/01/1987 Rates Fringes 6 CARPENTER. $ 9.96 Cement Mason/Finisher............$12.50 LABORER: Mason Tender $ 7.25 r LABORER $ 7.25 Page 30 of 36 r- Plumbers and Pipefitters • (Including HVAC) $10.05 Power equipment operators: Backhoe $ 7.84 ROOFER. $ 9.20 TRUCK DRIVER. $ 7.50 its WELDERS-Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1)(ii)). r The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s)of construction in the area covered by the wage determination. The .•• classifications are listed in alphabetical order of"identifiers"that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than"SU"denotes that the union classification and rate have found to be prevailing for that classification.Example: PLUM0198-005 ricf 07/01/2011. The first four letters,PLUM,indicate the international union and the four-digit number, is 0198,that follows indicates the local union number or district council number where applicable,i.e., Plumbers Local 0198. The next number,005 in the example,is an internal number used in processing the IrM wage determination.The date,07/01/2011,following these characters is the effective date of the most it current negotiated rate/collective bargaining agreement which would be July 1,2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999:weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an"SU"identifier were derived from survey data by computing average rates and are not union rates;however,the data used in computing these rates may include both union and non- union data. Example: SULA2004-007 5/13/2010.SU indicates the rates are not union majority rates,LA indicates the State of Louisiana; 2004 is the year of the survey;and 007 is an internal number used in is producing the wage determination. A 1993 or later date,5/13/2010,indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. Page 31 of 36 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance(additional classification and rate)ruling On survey related matters,initial contact,including requests for summaries of surveys,should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program.If the response from this initial contact is not satisfactory,then the process described in 2.)and 3.)should be followed. With regard to any other matter not yet ripe for the formal process described here,initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S.Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 2.)If the answer to the question in 1.)is yes,then an interested party(those affected by the action)can request review and reconsideration from the Wage and Hour Administrator irii (See 29 CFR Part 1.8 and 29 CFR Part 7).Write to: Wage and Hour Administrator U.S.Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information(wage payment data,project description,area practice material,etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable,an interested party may appeal directly to the Administrative Review Board(formerly the Wage Appeals Board). Write to: Administrative Review Board U.S.Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 P ire 4.)All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Page 32 of 36 F I SECTION VI C PROJECT CLOSE OUT � DOCUMENTS (or � Page 33 of 36 CDBG PROJECT COMPLETION AND ACCEPTANCE PROJECT NAME: PROJECT LOCATION: FINAL WALK-THRU INSPECTION HAS BEEN CONDUCTED AND PROJECT IS ACCEPTED AS DELIVERED: ENGINEERING DEPT.: (PRINT NAME) SIGNATURE: DATE: ARCHITECT'S NAME: (PRINT NAME) SIGNATURE: DATE: I CONTRACTOR: (PRINT NAME) SIGNATURE: DATE: CD STAFF: (PRINT NAME) SIGNATURE: DATE: Page 34 of 36 AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR (This form MUST be executed and submitted with final payment request) STATE OF TEXAS COUNTY OF NUECES Personally appeared before me,the undersigned authority in and for said State and County, (Name/Title) (Name of Company) Which firm is hereinafter called"Contractor", IContractory,who being duly sworn states on oath the he has personal knowledge of the following: 1. Contractor has paid in full all debts,obligations,and liabilities (including,without limitation, all debts,obligations,and liabilities for labor,materials,equipment or services,and for all local,State or Federal taxes)which have been incurred by Contractor, or which are claimed by others to have been incurred by Contractor,or which have arisen in conjunction with work done,or labor,materials,equipment or services furnished by Contractor under a construction contract with the City of Corpus Christi: Contractor Project Name la 2. This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Contractor by the City of Corpus Christi under the terms of said contract. In consideration therefore,Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the labor,materials, equipment or services referred to above. F I THE ABOVE STATEMENTS ARE MADE BY: (Print Name) Title Signature Phone Number Sworn to and subscribed before me on (Date). Notary Public State of Texas Commission Expires: Page 35 of 36 AFFIDAVIT AND WAIVER OF LIEN BY EACH SUBCONTRACTOR STATE OF TEXAS COUNTY OF NUECES Personally appeared before me,the undersigned authority in and for said State and County, (Name/Title) of (Name of Company) Which firm is hereinafter called"Subcontractor",who being duly sworn states on oath the he has personal knowledge of the following: 2. Subcontractor has paid in full all debts,obligations,and liabilities (including,without limitation,all debts,obligations,and liabilities for labor,materials,equipment or services,and for all local,State or Federal taxes) which have been incurred by Subcontractor,or which are claimed by others to have been incurred by Subcontractor,or which have arisen in conjunction with work done,or labor,materials,equipment or services furnished under a contract with a Contractor or Agency for Project Name (funded by the City of Corpus Christi.) 3. This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Subcontractor by the City of Corpus Christi under the terms of said contract In consideration therefore,Subcontractor waives and releases any and all claims and any and all liens or rights to liens which Subcontractor has or may have against the City of Corpus Christi for amounts due and owing to Subcontractor by virtue of Subcontractor furnishing the labor, ui materials,equipment or services referred to above. Fop The above statements are made by (Name) (Name of Company) Individually and on behalf of the Subcontractor. isr (Print Name and Title) Signature (Company Name) Sworn to and subscribed before me on (Date). Notary Public State of Texas Commission Expires: Page 36 of 36 L 0 z A a16,4 6‘41 Lial Ethel Eyerley Senior Center New HVAC (CDBG Funds ) PN : E13146 LIST OF DRAWINGS Sheet 1 of 9 - Ti - Title Sheet Sheet 2 of 9 - Gi - Data Sheet/ Site Plan Sheet 3 of 9 - Al - Exisiting Demolition Refl. Clg. Plan Sheet 4 of 9 - Mi - Mech. Demolition Floor Plan 1: Sheet 5 of 9 - M2 - Mech. Demolition Floor Plan Sheet 6 of 9 - M3 - Mechanical Schedules Sheet 7 of 9 - M4 - Mechanical Specifications Sheet 8 of 9 - El - Electrical Demolition Floor Plan Sheet 9 of 9 - E2 - Electrical Floor Plan C C I I I I C C I L L rw AGREEMENT me THE STATE OF TEXAS § COUNTY OF NUECES § 11111 THIS AGREEMENT is entered into this 28th day of April, 2015, by and between is 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 amu. these terms, performable in Nueces County, Texas: In consideration of the payment of $129,167.02 by City and other obligations of err City as set out herein, Contractor will construct and complete certain improvements described as follows: LARGE JOB ORDER CONTRACT (RFP 2014-07) ETHEL EYERLY HVAC REPLACEMENT • PROJECT NO. E13146 TOTAL AMOUNT: $129,167.02 according to the attached Plans and Specifications in a good and workmanlike manner g 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 i„ 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-2014 Mit rr 11111 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 Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. me The Contractor will commence work within ten (10) calendar days from date they No receive written work order and will complete same within 45 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. 1.6 1111 Imo rrr Page 2 of 3 Rev.Aug-2014 CITY OF CORP S CHRIST,I5- By: 10) •,_ ►:� !7//� Val.; Gray, . Exe• ive Dire or of Publi Works APPROVED AS T EGAL FORM By: rr Asst. City Attorney RECOMMENDED: APP OVED: fitlatit Funding Dept. Approv ept. Head) Director of Management & Budget (Q(V(f�, lin Date Date rr. 1059-141-530000-851409011059EXP Funding Source S ■r CONTRACTOR r ATTEST: (If o porati.n) Barcom Commercial Inc. di/// -- By: 0/1:1,,Li.• ( ':elow) p s Title: tar ti s ;A 42r1 ote: 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) iustinm(a�barcom.cc (E-Mail) Page 3 of 3 Rev.Aug-2014 Iw Building success, one job at a time. BA RCC]M CONS1RUCHON, INC. 5826 Bear Lane Corpus Christi,Texas 78405 361-851-1000 361-851-1717fax barcom.cc DATE To Whom It May Conern: I, Elaine R. Hoffman, President of Barcom Commercial, Inc., Barcom Construction, Inc, and Alman Utilities and Construction, Inc. give my employee, 14/7)/e, ///( Mel permission to conduct business on the behalf of our company in all transactions. If you need further clarification, please do not hesitate to call me at anytime at 361-851- 1000. Sincerely, (...r:9LYLL Elaine R. Hoffman President fr E lRCOM COMMERCIAL,Inc. • cii:iizAION1k\(1OR trr Proposal DATE 3-13-15 Proposal # 16519 - Revised E-Mail: graziellam@cctexas.com ■e TO: City of Corpus Christi — Engineering Department PROJECT: Ethel Ererly Senior Center Attn: Gracie Mesa ree 1201 Leopard St Corpus Christi, TX 78401 ea We propose to furnish labor and material to perform the following: Price to include: ra • Remove existing AHU and ACCU and replace with like models and provide required electrical • Install new Carrier compressors and AHU as approved by engineer • All AHU closest will be verified for fit prior to ordering and equipment • Remove and replace ceiling tiles and grid if needed N • Reinstall salvaged ceiling tile and grid after sheet metal duct is insulated • Remove and replace sheet rock ceiling as required and paint to match existing err Price to exclude fro- • Remove and replace existing sheet metal duct N • Company Demobilization between phases • Fire alarm work me Note: please allow 45 days from NTP and approved submittals to mobilize and 45 days for construction TOTAL AMOUNT OF PROPOSAL: $129,167.02 One Hundred Twenty Nine Thousand One Hundred Sixty Seven and 02/100 ar Respectfully submitted, BARCOM COMMERCIAL, INC. 9usffnM,Com6 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 r. CORPUS CHRISTI.TEXAS 78405 TELEPHONE:(361)851-1000•FAX:(361)851-1717 www.barcom.cc Preliminary Estimate, by estimates BARCOM ('i""i"` i,'I. l.' Barcom Commercial Inc.-Justin McComb Barcom Commercial Inc. 2009 Corpus Christi,TX JOC-2009 Corpus Christi,TX JOC-First Option - 1/01/2010 to 12/31/2010 elthyl eyerly- 16519 Estimator: Justin McComb Ethel Eyerly HVAC replacement Division Summary(MF04) 01-General Requirements 26-Electrical $10.541_00 02-Existing Conditions _ 27-Communications 03-Concrete 28-Electronic Safety and Security 04-Masonry 31 -Earthwork 05-Metals 32-Exterior Improvements - 06-Wood,Plastics,and Composites 33-Utilities 07-Thermal and Moisture Protection 34-Transportation 08-Openings 35-Waterway and Marine Transportation 09-Finishes $768.00 41 -Material Processing and Handling Equipment 10-Specialties 44-Pollution Control Equipment 11-Equipment _—_ 46-Water and Wastewater Equipment 12-Furnishings 48-Electric Power Generation 13-Special Construction Alternates - - $7,000.00 14-Conveying Equipment Trades 21 -Fire SuPpression _ Assemblies 22-Plumbing FMR 23-Heating,Ventilating,and Air-Conditioning1HVAC) $114,885.00 MF04 Total.(Without totalling components) $133,194.00 Totalling Components Priced Line Items $126,194.00 2010 Corpus Christi JOC Nonpriced Multiphier (11.0000%) $770.00 RSMeans CORPUS CHRISTI,TX CCI 2014Q4,86.10% $(17,540.97) 2010 Corpus Christi JOC Bond (2.5000%) $3,046.39 2010 Corpus Christi JOC Priced Multiplier (5.0000%) $5,432.65 2010 Corpus Christi JOC Permit (3.5000%) _ $4.264.95 Nonpriced Line Items_ $7,000.00 2010 Corpus Christi JOC Permit Fee(E) Material, Labor,and Equipment Totals(No Totalling Components) Priced/Non-Priced Material: $94,834.50 Total Priced Items: 15 $126,194.00 Labor: $38,359.50 Total Non-Priced Items: 1 $7,000.00 5.26% Equipment: $0.00 Other: $0.00 16 $133,194.00 Laborhours: 376.98 Green Line Items:1 $0.00 Grand Total $129,167.02 Printed 13 MAR 2015 12:18PM v2.626 Page 1 of 4 elthyl eyerly-16519 L x IT If I If II II 11—f, II IT II I IT Barcom Commercial Inc. Preliminary Estimate, by estimates Estimator: Justin McComb Totalling Component Details Description Item Count Applicable Amount Applied Amount Applied Result Balance Priced Line Items 15 $126,194.00 $126.194.00 $126,194.00 Included In Total:Yes Type:Total,Master Format Type MF04 Values'Total Includes:Priced Filtering:(none) RSMeans CORPUS CHRISTI,TX CCI 2014Q4,86.10% $126,194.00 (13.9000)% $(17.540.97) $108,653.03 Included in Total:Yes Type:RSMeans CCI(Protect Level) RSMeans CORPUS CHRISTI,TX CCI 201404,86 10% Subtotal based on 1 items:-Pnced Line Items" 2010 Corpus Christi JOC Priced Multiplier $108,653.03 5.0000% $5,432.65 $114,085.68 Included In Total:Yes Type:Percentage Subtotal based on 2 items:"Priced Line Items'."RSMeans CORPUS CHRISTI.TX CCI(Current)" Nonpriced Line Items 1 $7,000.00 $7,000.00 $121.085.68 Included in Total:Yes Type:Total,Master Format Type'MF04 Values:Total Includes:Non Priced Filtering:(none) 2010 Corpus Christi JOC Nonpriced Multiphier $7,000.00 11.0000% $770.00 $121,855.68 Included in Total:Yes Type Percentage Subtotal based on 1 items:"Nonpriced Line Items' 2010 Corpus Christi JOC Bond $121.855.68 2.5000% $3.046.39 $124,902.07 Included in Total:Yes Type:Percentage Subtotal based on 5 items:"2010 Corpus Christi JOC Nonpriced Multiphier"."2010 Corpus Christi JOC Pnced Multiplier'."Nonpriced Line Items'."Priced Line Items'.'RSMeans CORPUS CHRISTI,TX CCI(Current)' 2010 Corpus Christi JOC Permit $121.855.68 3.5000% $4.264.95 $129,167.02 Included in Total:Yes Type:Percentage Subtotal based on 5 items:"2010 Corpus Christi JOC Nonpnced Mulbphier","2010 Corpus Christi JOC Priced Multiplier,"Nonpnced Line Items".'Priced Line Items'."RSMeans CORPUS CHRISTI,TX CCI(Current)" 2010 Corpus Christi JOC Permit Fee $129,167.02 Included in Total:Yes Type:Amount(Estimate 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 13 MAR 2015 12:18PM v2.626 Page 2 of 4 elthyl eyerly-16519 I ' I ' It ' II 11 I I t t [ t' I I I IT I[ 1 1 1 It 1, IE 1 1 1 1 7. f Barcom Commercial Inc. Preliminary Estimate, by estimates Estimator: Justin McComb Ethel Eyerly HVAC replacement Item Description UM Quantity Unit Cost Total Book 09- Finishes 1 09-05-05-30-1000 Selective demolition,walls and partitions,drywall,nailed or screwed,one layer S.F. 1.600.0000 $0.48 $768.00 RSMI4FAC p L. O&P 2 09-29-10-30-2050 Gypsum board,on walls and ceilings,nailed or screwed to studs,5/8"thick,on S.F. 0.0000 $1.66 RSM14FAC p walls,standard,taped and finished,level 4 finish M.L. 08P 3 09-53-23-30-0050 Ceiling suspension systems,for boards and tile,class A suspension system. S.F. 0.0000 $1.52 RSMI4FAC p 15/16"T bar,2'x 4'grid M.L, O&P 09-Finishes Total $768.00 23- Heating, Ventilating, and Air-Conditioning (HVAC) 4 23-05-05-10-0400 HVAC demolition,central station air handler unit,up thru 15 ton Ea. 3.0000 $820.00 $2.460.00 RSM14FAC p _ L. 08P 5 23-05-05-10-0600 HVAC demolition,condenser,up thru 50 ton Ea. 3.0000 $1.325.00 $3.975.00 RSMI4FAC p L. 08P 6 23-07-13-10-3180 Duct thermal insulation,ductwork.blanket type,fiberglass,flexible,FRK vapor S.F. 0.0000 $4.24 RSMI4FAC p barrier wrap,.75 lb.density,2"thick Gm.M,L. 08P 983'4 7 23-62-13-10-0560 Packaged air-cooled refrigerant condensing units,condensing unit,air cooled, Ea. 1.0000 $7.850.00 $7,850.00 RSM14FAC p compressor,standard controls,8.5 ton M.L. O&P 8 23-62-13-10-0620 Packaged air-cooled refrigerant condensing units,condensing unit,air cooled, Ea. 1.0000 $11,500.00 $11,500.00 RSM14FAC p compressor,standard controls,12.5 ton M.L. O&P 9 23-62-13-10-0720 Packaged air-cooled refrigerant condensing units,condensing unit,air ccoled, Ea. 1.0000 $24,900.00 $24.900.00 RSMI4FAC p compressor,standard controls,25 ton M.L. O&P 10 23-73-13-20-1400 Air handling units,packaged indoor type,chilled water at 700 FPM face velocity, Ea. 3.0000 $21,400.00 $64,200.00 RSM14FAC p constant volume,5000 CFM M.L, O&P 23-Heating,Ventilating, and Air-Conditioning (HVAC)Total $114,885.00 26- Electrical 11 26-05-19-90-0120 Wire,600 volt,copper type THW,stranded.#10 C.L.F. 6.0000 $91.00 $546.00 RSMI4FAC p - _ M.L. 08P 12 26-05-33-13-0700 Conduit,to 15'high,includes 2 terminations,2 elbows, 11 beam clamps.and 11 L.F. 300.0000 $12.15 $3.645.00 RSM14FAC p couplings per 100 L.F.,aluminum,1"diameter M.L. O&P 13 26-28-16-10-0400 Circuit breakers,in enclosure,enclosed,NEMA 1,600 volt,3 pole. 100 amp Ea. 4.0000 $1,050.00 $4.200.00 RSMI4FAC p M.L. 08P 14 26-28-16-20-0200 Safety switches,general duty,240 volt,3 pole,NEMA 1,fusible,60 amp Ea. 2.0000 $450.00 $900.00 RSMI4FAC p _ M.L. 0&P 15 26-28-16-20-0300 Safety switches,general duty,240 volt.3 pole,NEMA 1,fusible, 100 amp Ea. 2.0000 $625.00 $1,250.00 RSMI4FAC p -- --- -- -- ------- - ---- - M L. O&P Printed 13 MAR 2015 12:18PM v2.626 Page 3 of 4 elthyl eyerly-16519 1 ' i ' 1711111111111111 / If Barcom Commercial Inc. Preliminary Estimate, by estimates Estimator: Justin McComb Ethel Eyerly HVAC replacement 26-Electrical Item Description UM Quantity Unit Cost Total Book 26-Electrical Total $10,541.00 Alternates 16 26-11-11-22-2233-21 mobilizations due to phasing of the work EA 2.0000 $3.500.00 $7,000.00 CUSTOM N L, B total of 3 phases as shown on the drawings. allows or all subs to work in phases Alternates Total $7,000.00 Estimate Grand Total 129,167.02 Printed 13 MAR 2015 12:18PM v2.626 Page 4 of 4 elthyl eyerly-16519 o 00 61 16 PAYMENT BOND BOND NO. 106280104 Contractor as Principal Surety Name: Barcom Commercial,Inc. Name:Travelers Casualty and Surety 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 4650 Westway Park Blvd. Name: City of Corpus Christi,Texas Houston,TX 77041 Mailing address(principal place of business): Capital Programs(Engineering Services) Surety is a corporation organized and existing 1201 Leopard Streetunder 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 its license to execute bonds in the State of Texas. Large Job Order Contract RIP 2014-07 Telephone(main number): Proj.No.E13146 Ethel Everlv HVAC Replacement 281-606-8400 Telephone(for notice of claim): 267-675-3000 Local Agent for Surety Name: C.A. McClure Award Date of the Contract: April 28.2015 Address: 13823 Schmidt Road Contract Price: 5129,167.02 Cypress,TX 77429 Telephone: 281-890-9294 Bond Email Address: alm@southernamericanins.com Date of Bond: May 5,2015 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 Corpus Christi Standards—Large JOC 7-8-2014 • • r 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 jf 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 2253 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¢It were copied at length herein. Venue shall lie exclusively in Nueces County,Texas for any legal action. Contractor as Principal Barcom Commercial, Inc. Surety Travelers Casualty and Surety Company of America Signature: eiablw , .1 Signature: C� Name: Name: C.A.McClure Title: Pj1d Title: Attorney-in-Fact Email Address: e (G rt O,bO►' 0 07 Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 13-2 Corpus Christi Standards-Large IOC 7-8-2014 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER iA► POWER OF ATTORNEY TRAVELERSJ 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 9 5 5 4 2 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 Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 18th IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this day of June 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 ..� 'smf ltY AN�pN`e ca•x+. c te;;IY4k°cIN1NSU 4 s 46 0. JWoeoa \em 1982 n I19� Rtim � 10- HARTFORD, fRi60. <N ,cc-S; 1951 ��+SEA +$3 ice:S8rALs DON. t 4GO' Ia 4,44F� .N_ ........ 4. 'M'/AIN ,.,�/ State of Connecticut By: �I City of Hartford ss. Robert L.Raney, enior Vice President 18th June 2014 On this the day of , ,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. ntrk In Witness Whereof,I hereunto set my hand and official seal. ' C`TAR 't W K/" v My Commission expires the 30th day of June,2016. * jOLIBUG # Marie C.Tetreault,Notary Public `w.1 CCP 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty &Surety Company of America,Travelers Casualty & Surety Company, Travelers Indemnity Company,Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267)675-3000 (267)675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages,rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin,TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND.This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021,Government Code,and Section 53.202,Property Code,effective September 1,2001. PERFORMANCE BOND BOND# 106280104 Contractor as Principal Surety Name: Barcom Commercial, Inc. Name: Travelers Casualty and Surety 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 4650 Westway Park Blvd. Name: City of Corpus Christi,Texas Houston, TX 77041 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: Corpus Christi,Texas 78401 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 RFP 2014-07 Project No. E13146 Ethel HVAC Replacement Telephone(main number): 281-606-8400 Telephone(for notice of claim): 267-675-3000 Local Agent for Surety Name: C.A. McClure Award Date of the Contract: April 28, 2015 Address: 13823 Schmidt Road Contract Price: 129,167.02 Cypress, TX 77429 Telephone: 281-890-9294 Bond E-Mail: alm@southernamericanins.com Date of Bond: May 5, 2015 (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 obtained 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 following toll-free number:1-800-252-3439 be deemed an original. Performance Bond 00 6113-1 Corpus Christi Standards—Lrg JOC 3-4-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorised 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 2253 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!f It were copied at length herein. Venue shall Ile exclusively in Nueces County,Texas for any legal action. Contractor as Principal Barcom Commercial,Inc. Surety Travelers Casualty and Surety Company of America Signature: .4 ,, . 4 . a. I. r Signature: CCA Name: E-[c11 lie A, . f- Name: C.A. McClure _ Title: �Qp��jU,,., Title: Attorney in Fact Email Address: (,i /A e lja rLo aa-7. .c. Email Address: alm@southernamericanins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 6113-2 3-4-2014 Corpus Christi Standards—Lrg.10C WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �► POWER OF ATTORNEY TRAVELERSJ 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. 005955544 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. 18th IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this day of June 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 Gp.SUq il1 i,w FIRE�� \ •�•...G Q,�q J OY A AY ,y'yn ♦ J SM:.. O}1t N,p9 J+.NSU 9, yP N�6 C\ W_ Y 1. p2 ap,POq�r L pe i� yt Pp 2 ` ._4i L nQ < E WO 4 rt�R PRRA)�i Qom:` (+-. u 9 U, S (1 - tTED by m �1 F m ,:LpRPORAlf'.� RARTFORD, 1 9 8 2 0 •19� F E .n= a HARTFORD < 4 c ; 7t $ 1951 ��� ��`SEAL.o"9 t o f W CONN. n � CONN. N , G� •'t'/ of Baa r ar 4 `�1 "� �'� �� NCE t •A r....�..:ra bt �H� 'F11!AIN •State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 18th day of June 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. t` er In Witness Whereof,I hereunto set my hand and official seal. W " ' My Commission expires the 30th day of June,2016. * At/BlAG * Marie C.Tetreault,Notary Public "441 arP 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 5th day of May 20 15 Kevin E.Hughes,Assistant Sec tary ISu fi &FR4yc'P e '11..NGr P•r.INuyl sJ"Y 4yC .L " g a te Y . tb e. op'PAIJr` ner Q ,10� � � j R-O4 4i`:; " °Al p , <1fe f sG�rfi982a 1951 ti� `o. 4...S.! SEALSSLL`° Fc yr �Ns • +1' 4y AIM To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers? IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty&Surety Company of America,Travelers Casualty &Surety Company,Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Atm: 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. • r. 00 61 13 PERFORMANCE BOND BOND NO. Contractor as Principal Surety Name: Barcom Commercial, Inc. Name: Mailing address(principal place of business): Mailing address(principal place of business): 5826 Bear Lane Corpus Christi,TX 78405 irr Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): an Capital Programs (Engineering Services) Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 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. Project name and number: Telephone (main number): Large Job Order Contract RFP 2014-07 Proi. No. E13146 Ethel Eyerly HVAC Replacement Telephone (for notice of claim): eis Local Agent for Surety Name: aar Award Date of the Contract: April 28, 2015 Address: Contract Price: $129,167.02 Telephone: Bond Email Address: Date of Bond: The address of the surety company to which any notice of claim should be sent may be obtained 11111 (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 I atr Performance Bond 00 61 13- 1 Corpus Christi Standards—Large JOC 7-8-2014 Imo • r. lir 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 ire 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 2253 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 irtr 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 Surety sir Signature: Signature: Name: Name: or Title: Title: Email Address: Email Address: i1r (Attach Power of Attorney and place surety seal below) it hr rir lrr END OF SECTION or lie rir Performance Bond 00 61 13-2 Corpus Christi Standards—Large JOC 7-8-2014 00 61 16 PAYMENT BOND BOND NO. Contractor,as Principal Surety Name: Barcom Commercial, Inc. Name: Mailing address(principal place of business): Mailing address (principal place of business): 5826 Bear Lane Corpus Christi,TX 78405 Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs(Engineering Services) Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 ira 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 RFP 2014-07 Telephone (main number): Proj. No. E13146 Ethel Eyerly HVAC Replacement Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: April 28, 2015 Address: Contract Price: $129,167.02 Bond Telephone: iisEmail Address: Date of Bond: The address of the surety company to which any notice ofclaim should be sent maybe obtained (Date of Bond cannot be earlier than Award Date of Contract) from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 rri �r. Payment Bond Form 00 61 16-1 Corpus Christi Standards—Large JOC 7-8-2014 ir. 11.E ' ' ' 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 1111 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 c:r 2253 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 111 at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety am Signature: Signature: Name: Name: trr Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) 111111111 11111 1111 rw END OF SECTION 1111 111 1111 Payment Bond Form 00 61 16-2 Corpus Christi Standards—Large IOC 7-8-2014 +1111 rr SUPPLIER NUMBER Irr TO BE ASSIGNED BY CII Y = = PURCHASING DIVISION City f CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and aia definitions. COMPANY NAME: Barcom Commercial, Inc. P.O.BOX: STREET ADDRESS: 5826 Bear Lane TATE Corpus Christi, TX ZIP: 78415- or FIRM IS: 1. Corporation eX 2. Partnership 3. Sole Owner 0 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm." ias Name Job Title and City Department(if known) N/A 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." tar Name Title N/A 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm. stir Name Board,Commission or Committee N/A is 4. State the names of each employee or officer of a `consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A 110 N OW 1110 itt. rr. FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, tor unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CER'T'IFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Elaine R. Hoffman Title: President (Type or Print) MO Signature of Certifying �l2 Date: Person: .rtu ) '1�{ October 24, 2012 or DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. rtr b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. rr c. "Employee." Any person employed by the City of Corpus Christi, 'Texas either on a full or part- time basis,but not as an independent contractor. NW d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint rIr stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. trlr e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. Nis f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." tr g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. _ � A •• - - AC�® DATE(MM/DD/YYYY) 41.......--- CERTIFICATE OF LIABILITY INSURANCE 5/7/2015 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 CONTNAME: Renee Renee Terrell Swantner&Gordon Ins.Agency PHONETFAX A Higginbotham Company (A/C.NaExt)_361 883 1711 _I 1A/C.No): 361-844-0101 P.O. Box 870 ADDIRESS:rterrell@s-gins.com Corpus Christi TX 78403-0870 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Valley Forge Insurance Company ,20508 INSURED BARCO6 INSURER B Westchester Fire Insurance Company 21121 Barcom Construction, Inc. INSURER C Transportation Insurance Co�an_y 20494 Barcom Commercial, Inc. INSURER D:Continental Casualty Company 20443 5826 Bear Lane Corpus Christi TX 78405 INSURER E:Travelers PropertyCasualty Co of A 25674 INSURER F: COVERAGES CERTIFICATE NUMBER: 1624731135 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. ILTR 1 TYPE OF INSURANCE WVD POLICY NUMBER i(MM/DIYYYY) POLICY EXP LIMITS LTR x ANSD (MM/DD/YYYY) SUBR, C f COMMERCIAL GENERAL LIABILITY C4034064756 9/12/2014 9/12/2015 _EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED I - _ CLAIMS-MADE 1_X OCCUR PREMISES(Ea occurrence) 4510 . 0,000 ,_ MED EXP(Any one person) $5,000 11 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X J JECT f LOC _PRODUCTS-COMP/OP AGG $2,000,000 OTHER: ----- I$ D AUTOMOBILE LIABILITY III C4034064790 9/12/2014 ;9/12/2015 wok;BINED SINGLE LIMIT 1$ ccident).___ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NAUTOS N OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ 1 $ E I X 1 UMBRELLA LIAB X I OCCUR ZUP91M1439A14NF 9/12/2014 19/12/2015 EACH OCCURRENCE $15,000,000 EXCESS LIAB 1 CLAIMS-MADEAI AGGREGATE _- $15,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION I WC434064773 9/12/2014 19/12/2015X ,STATUTE 1 ER PER I OTH- AND EMPLOYERS'LIABILITY II I -ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? Y N I A - ---- - (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below II E.L.DISEASE-POLICY LIMIT I$1,000,000 B Builders Risk 1121081838003 10/12/2014 19/12/2015 Location $7,000,000 Occurrence $10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached 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. Engineering Department 1201 Leopard Street AUTHORIZED REPRESENTATIVE Corpus Christi TX 78401 I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD r • AGENCY CUSTOMER ID: BARCO6 _ LOC#: ACCPREP 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 06/14). 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.(Specialty Commercial Umbrella Liability Policy-Form S0001). Contractors Professional Liability and Pollution Incident Liability Policy info: Columbia Casualty, Policy#CZB288296539, 11/14/14-15 $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#105677128,09/12/14-15, $1,000,000 Per Occurrence Limit. The Workers'Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium.(Texas Notice of Material Change Endorsement-Form WC 42 06 01 07/84). The General Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium.(Texas Changes-Amendment of Cancellation Provisions or Coverage Change-Form CG 02 05 12/04). The Auto policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium.(Texas Cancellation Provision or Coverage Change Endorsement-Form G300660A 06/08). The Builders Risk policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium.(Additional Interests Endorsement-Form ACE0467 05/09). Project: Ethel Eyerly Senior Center ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA, BLANKET ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS— WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE • PART as follows: SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations !'_ (As required by"written contract"per Paragraph A. below.) T I Locations of Covered Operations (As per the"written contract',provided the location is within the"coverage territory"of this Coverage Part.) A. Section II-Who Is An Insured is amended to include as an additional insured: 1.Any person or organization whom you are required by"written contract"to add as an additional insured on this Coverage Part;and • 2.The particular person or organization, if any,scheduled above. B. The insurance provided to the additional Insured is I.rnited as follows: 1. The person or organizaton is an additional insured only with respect to liability for"bodily injury',"property damage",or"personal and advertising injury"caused in whole or in part by: a. Your acts or omissions,or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified Ir the"written contract";or b. "Your work"that is specified in the"written contract"but only for"bodily injury"or'property damage" included in the"products-completed operations hazard",and only if: (1)The"written contract"requires you to provide the additional Insured such coverage;and (2)This Coverage Part provides such coverage. 2. I/the"written contract'specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010(aka CG 20 10 10 01),or via the 10(01 edition of CO2037(aka CO 20 3710 01),or via the 11/85 edition of CO2010(aka CG 2010 11 85),then in paragraph(3.1.above,the words'caused in whole or in part by'are replaced by the words'arising out of. 3. We will not provide the additional insured any broader coverage or any higher lint of insurance than: a. The maximum porm!tted by law; b. That required by the"written contract"; c. That described in B.1.above;or d. That afforded to you under this policy, whichever is less. G-140331-D(Ed.01/13) Policy No:C4034064756 Page 1 Endorsement No: Effective Date: 09/12/13 yasies • Insured Name: Barcom Construction, Inc. CNA At Rights Rft,ervod. CNA 4. Notwi hstandlrg anything to the contrary in Condition 4.Other Insurance(Section iV),this insurance Is excess of all other insurance available to the additional insured whether on a primary, excess,contingent or any other basis. But if required by the"written contract"to be primary and non-contributory,this Insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named ins.ired. 6. The insurance provided to the additional insured coes not apply to"bodily injury","property damage",or "personal and advertising Injury"arising out of: a. Tho rendering of,or the failure to render,any professional architectural,engineering,or surveying services,including: (1) The preparing,approving, or failing to prepare or approve maps,shop drawings, opinions,reports, surveys,field orders, change orders or drawings and specifications;and (2) Supervisory, Inspection, architectural or engineering activities;or b. Any premises or work for which the additional insured is specifcally listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended as fol:ows: 1. The Duties In The Event of Occurrence,Offense,Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an"occurrence"or an offense which may result in a clam or"suit"under this insurance,and of any claim or"suit"that does result; (2) Except as provided in Paragraph B.4.of this endorsement,agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate wits us in the investigation, defense,or settlement of the claim or"suit';and ( (4) Tender the defense and Indemnity of any c'aim or"suit"to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But If the"written contract'requires this insurance to be primary and non-contributory, this provision(4)does not apply to insurance on which the additional Insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional Insured written notice of a claim or"suit". D. Only for the purpose of the Insurance provided by this endorsement,SECTION V—DEFINITIONS is amended to add the following definition: `Written contract"means a written contract or wr ttcn agreement that requires you to make a person or • organization an additional Insured on this Coverage Part,provided the contract or agreement: 1.is currently in effect or becomes effective during the term of this policy; and 2.Was executed prior to: } a.The"bodily injury"or"property damage";or b The offense that caused the"personal and advertising in dry", for wh ch the additional insured seeks coverage under this Coverage Part. All other temps and conditons of the policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Po:icy, unless another effective date is shown below,and expires concurrently with said Policy. • Material used with permission of ISO Properties, Inc G-140331-D(Ed.01/13) Policy No: • Page 2 Endorsement No: Effective Date: insured Name: /0 CNA AA Nights Reserved. CNA CONTRACTORS'GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage,please refer to the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds Seven additlonai insured extensions. _ 2. Bodily Injury–Expanded Definition 3. Broad Knowledge of Occurrence/Notice of Occurrence �— 4. Broad Named Insured 8. Broadened Liability Coverage For Damage To"Your Product"And"Your Work" Limit:$100,000. 6. Contractual Liability–Railroads Expanded definition of Insured contract". 7. Contractual Liability For Personal And Advertising injury 8. Electronic Data Liability Loss of Electronic Data Limit:$100,000. 9. Expanded Personal And Advertising Injury-Discrimination Or Humiliation 10. Expected Or Intended Injury Reasonable force–"bodily injury'or"property damage". 11. General Aggregate Limits Of insurance-Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage • 14. Joint Ventures/Partnership/Lllmited Liability Companies Coverage for your interest In such terminated or ended organizatlors. 15. Legal Liability/Alienated Premises/Borrowed Equipment Coverage Extended perils. Default limit increased to$500,000 for Damage to Premises Rented To You. $25,000 limit for"property damage"to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension 18. Medical Payments Limits Increased to$15,000. Reporting increased to three years from the date of accident. 19. Non-owned Aircraft Coverage 20. Non-owned Watercraft Increased to 75 feel 21. Primary And Non-Contributory To Other Insurance 22. Property Damage-Elevators 23. Supplementary Payments Cost of bail bonds increased to$5,000. Daily loss of earnings increased to$10000. I • Unintentional Failure To Disclose Hazards fu Waiver of Subrogation-Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap-Up Extension _.� G-18852)(Ed 07/12) Policy No: 04034064756 Page 1 Endorsement No: Effective Date: 09/12/13 Insured Name:Bercom Construction, Inc. • CNA Afi Rigti:u Reserved. w . i‘141144:1. 11. w►. 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: 1._is currently In effect or becomes effective during the term of this policy;and li._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 My persons or organizations with a controlling interest in you but only with respect to their liability arising out of: 1. Their financial control of you;or 2. Premises they own,maintain or control while you lease or occupy these premises. This insurance does not apply to structure 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 tease 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-18852-J(Ed 07/12) Policy No: Page 2 Endorsement No: Effective Date: Insured Name: ®CNA All R:ghls Reserved. POLICY NUMBER: C4034064"1 90 I COMMERCIAL AUTO 1 CA 2048 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coversge Form apply unless modified by this endorsement This endorsement Identifies person(s)or organization(s)who ars`insureds`under the Who is An insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the Inception date of the policy unless another date is Indicated below. Endorsement Effective: 0 9/12/13 Countersigned By: Named insured: Barcom Construction, Inc. �� �'—• ed R-•resentative) SCHEDULE Name of Persona)or OrganIzation(s). ANY PERSON OR ORGANIZATION WHICH IS REQUIRED TO SE N1I(RD AS A RESULT OP A WRITTEN CONTRACT WITH YOU (if no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to the endorsement.) Each person or organization shown to the Schedule is an insured'for Liability Coverage,but only to the extent that person or organization qualifies as an'Insured'under the Who Is An Insured Provision contained in Section II of the Coverage Form. e I CA 20 48 0299 Copyright,Insurance Services Office,Inc., 1998 Pagel of 1 i t Barcom Construction, inc. Policy: 04034064790 Effective Date: 09/ 2/13 OM* THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided unser the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who is Art insured The following is added to Section II,Paragraph A.1.,Who Is An Insured: 1. a. Arty incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form;provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an"Insured" under any other liability"policy"providing"auto"coverage. 2. Any organization you newly acquire or form, other than a i mited liability company, partnership or joint venture,and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and Is afforded only until the end of the policy period of this Coverage Form,or the next anniversary of its incept on date,whichever is earlier, b. Does not apply to: (1) "Bodily Injury"or"proporty damage"caused by an"accident"that occurred before you acquired or formed the organization;or (2) Any such organization that is an "insured" under any other liability "policy' previd,ng "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an"insured"but only with respect to their legal liability for acts or omissions of a person,who qualifies as an"Insured"under Section II-Who Is An insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours Is an "insured' while operating an "auto" hired or rented under a contract or • agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy,"as used in this provision A.Who Is An Insured, includes those policies that were in force on the . Inception date of this Coverage Form but: 1. Which are no longer in force;or 2. Whose limits have been exhausted, B. Ball Bonds and Loss of Earnings Section iI,Paragraphs A.2.(2)and A..2.(4)are revised as follows: 1. In a.(2),the limit for the cost of bail bonds is changed from$2,000 to$5,000; and 2. In a.(4),the limit for the loss of earnings is changed from$250 to$500 a day. C. Fallow Employee /91041651 • • Section Il,Paragraph B.5 does not apply. Such coverage as is afforded by this provision C.is excess over any other collectible insurance. Il. PHYSICAL DAMAGE COVERAGE A. Glass Breakage-Hitting A Bird Or Animal-Falling Objects Or Missiles The following Is added to Section 111,Paragraph A.3.: With respect to any covered "auto," any deductible shown In the Declarations will not apply to glass breakage if such glass is repaired,in a manner acceptable to us,rather than replaced. B. Transportation Expenses Section III,Paragraph A.4.a.is revised,with respect to transportation expense incurred by you,to provide: a. $80 per day, In lieu of$20;subject to b. $1,800 maximum,in lieu of$600. C. Loss of Use Expenses Section 111,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 ire 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 B.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. a. 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). _ M. Drive Other Car Coverage—Executive Officers The fallowing is added to Sections II and III: 1. 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 Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered"auto";and (2) Excess over any other collectible insurance. 2. For purposes of this provision,"executive officer"means a person holding any of the officer positions created • by your charter,constitution, by-laws or any other similar governing document, and,while a resident of the same household,Includes that person's spouse. Such"executive officers"are"insureds"while using a covered"auto"described in this provision. • IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident,Claim,Suit Or Loss The following is added to Section IV,Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or loss." This will not mean that you have such knowledge, unless such"accident"or°loss"is known to you or if you are not an Individual,to any of • your executive officers or partners or your insurance manager. The following is added to Section IV,Paragraph A.2.b.: (6) Your"employees"may know of 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. t�BB, Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV,Paragraph A.S.Transfer Of Rights Of Recovery Against Others To • Us: • We waive any right of recovery we may have, because of payments we make for Injury or damage,against any person or organization for whom or which you are required by written contract or agreement to obtain • this waiver from us. • This injury or damage must arise out of your activities under a contract with that person or organization. • You must agree to that requirement.prior to an"accident"or"loss," C. Concealment,Misrepresentation or Fraud The following Is added to Section iV,Paragraph B.2.: Your failure to disclose all hazards existing on the dale of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not Intentional. D. Other insurance • The following Is added to Section IV,Paragraph B.5.: • • Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory bass.This provision is applicable only when required by a written contract. That written contract must have been entered Into prior to`Accident"or"Loss." • E. Policy Period,Coverage Territory Section IV,Paragraph B.7.(5).(a).Is revised to provide: • a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V, Paragraph C.Is deleted and replaced by the following: "Bodily injury"means bodily injury,sickness or disease sustained by a person,including mental anguish, mental injury or death resulting from any of these. • • • • i . • . t • 3arcam Construction, Inc. POLICY NUMBER: 04034064736 COMMERCIAL GENERAL LIABILITY Effective Data: 09/12/13 CG020S1204 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. TEXAS CHANGES AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LiABilITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTSXCOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 'Per schedule on file' 2. Address: Cancellation notification to the above entities will not apply to cancellat on for non payment of premium 3. Number of days advance not •,:03 0 Information uired to comolete 1h- Schedu.• if not shown above,will be shown In the Declarations. 032 t� f /57414146ce MEM CG 02 05 1204 Copyright,ISO Properties,Inc.,2003 Page 1 of 1 . I I CNA G-300660-A (Ed.0910$) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CHANGES-NOTICE OF CANCELLATION OR MATERIAL CHANGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM v/ This endorsement changes the policy effective on the inception date of the policy unless another date is Indicated below: Endorsement Effective 09/12/13 Policy Number ("-034064790 jNOdlUredBarcom Cotes-ruction, mc. Cauntersignad by 4, 4....A •I.'WI - • .,:r 11,14,..: In the event of cancellation or material change that reduces or restricts the insu : ce afforded by this Coverage Part,we agree to mall prior written notice of cancellation or material change to: SCHEDULE j1.Number of days advance notice: 30 1 2.Name: 30 DAY NOTICE OF CANCELLATION APPLIES I 3.Address: TO PER LIST N,A,INTAINED ON FILE BY COMPANY MOM i si • M i EZM . 6.300880-A Page 1 of 1 (Ed.0609) • i WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 4206 01 (Ed.7.84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas Is shown In Item 3.A. of the information Page, In the event of cancellation or other material change of the policy, we will mall advance notice to the parson or organization named In the Schedule.The number of days advance notice Is shown In the Schedule. This endorsement shall not operate directly or Indirectly to benefit anyone not named In the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be malted to: 30 DAY NOTICE OF CANCELLATION APPLIES TO ALL ENTITIES ON LIST MAINTAIN= ON FILE BY COMPANY. g 1 I 1 10 INNS ass m am i .... This endorsement changes tie pdtcy to which it is attached and to effective on the date issued unless otherwise stated. (The information below is required only whim this endorsement is issued subsequent to preparation o1 the pokey.) f Endorsement EttswtN° 09/1.2./13 Policy No. W C4 3 4 0 6 4 7 7 3 Endowment No. V = Isrued Barcom Construction, Inc. r+retnlum$ sea Ems- Insurance Company CountarsEanod t>Y ___ WC 420641 (tai.7-84) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A (Ed.1-00) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas Is shown In item B.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule,but this waiver applies only with respeot to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( )Speclflo Waiver Name of person or organization (x)Blanket Waiver Any person or organization for whom the Named insured has agreed by written contract to furnish this waiver, 2. Operations:ALL TEXAS LOCATIONS .Aro OPERATIONS 3. Premium The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above porson(s)or organizaton(s)arising out of the operations described. 4. Advance Premium SEE scan This endorsement changes the poi oy to which It le attached and is effective on the date issued unless otherwise stated. (The information beim is required only when this endorsement is issued oubeequent to preparation of the policy.) Endorsement We:Ake 0 9/12/11 paw No. WCe13 4 0 6477 3 / Endorsement No. haunt 3arcom Construct:i.on, Inc. ✓ Premium$ • fnsurenae Company Gountersigned try j W0 42 03 04 A ✓/ (Ed 1-00)