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Home My WebLink AboutC2009-530 - 10/20/2009 - Approved~,. ' 2009-530 ~~ M2009-296 10/20/09 ~~ Teal Building & Construction --- S P E C I A L P R-0 V I S I - S P E C' I F I C A T I 0 N S -- A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R PARKS OPERATION MAINTENANCE FACILITY AT WEST GUTH PARK BOND 2008 FOR PARKS AND RECREATION DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3461 Fax: 361/826-3864. City of Corpus - .Christi ~~ AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS .Phone: 361/880-3500 Fax: 361/880-3501 PREPARED- BY - JEC.ARCHITECTS, INC ~~EI 3649 Leopard St., Suite 407 `~~ BSI Corpus Christi, Texas 78408 ~C? Q~ Phone: 361/904-0804 ~ ~ .Fax: 361/904.-0.925 ~ iv { sj~~ll PROJECT N0: 3386 F( DRAWING NO: PBG-744 ~( ~7(~9' (Revised 7/5/00) PARKS OPERATION MAINTENANCE FACILITY AT WEST GUTH PARK BOND 2008 Project No. 3386 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00} Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials liL-~'}eld 9ffiee Not Used A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised 7/5/00) A-24 Surety Bonds 25 `~'al~o iusc--~3rc~ttgc~6~! ETA ~aA316$~E ~$~a~E"~B~i$ ~c ~" ~°~~ ,Not Used A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 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 '" 35 Eit~~~~ateY ~.. ; , ; ~-., e gyp„ .,, n~~ , ~.-.. Not Used A-36 Other Submittals (Revised^9/18/00)' A-37 Amended "Arrangement and Charge for Water Furnished by the City" A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates A-41 Ozone Advisory A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) F,-45 As-Built Dimensions and Drawings (7/5/00) . r r , rx~ as-acckvir-a~rgrv=acvi~-arc^c cc o'c~civz~.. .~ ~~ .. A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS DIVISION 2 - SITE WORK 021 SITE PREPARATION 021020 Site Clearing and Stripping. S5 021040 Site Grading S6 021080 Removing Old Structures S55 022 EARTHWORK 022022 Trench Safety for Excavations 022100 Select Material S15 022420 Silt Fence 597 025 ROADWAY 0254........ASPHALTS AND SURFACES 025404 Asphalts, Oils and Emulsions S29 025412 Prime Coat (Asphaltic Material Only) S30 025424 Hot Mix Asphaltic Concrete Pavement (Class A) S34 0256........CONCRETE WORK 025610 Concrete Curb and Gutter S52 025612 Concrete Sidewalks and Driveways S53 025614 Concrete Curb Ramps 0258........TRAFFIC CONTROLS & DEVICES 025807 Pavement Markings (Paint and Thermoplastic) S45 025813 Preformed Striping and Emblems 026 UTILITIES 0262........GENERAL 026201 Waterline Riser Assemblies S79 026202 Hydrostatic Testing of Pressure Systems S89 026206 Ductile Iron Pipe and Fittings S81 026210 PVC Pipe - AWWA C900 and C905 Pressure Pipe for Municipal Water Mains and Sanitary Sewer Force Mains S83 026214 Grouting Abandoned Utility Lines S3 0264........WATERLINES 026402 Waterlines S88 026404 Water Service Lines 887 026411 Gate Valves for Waterlines 885 026416 Fire Hydrants 886 0272........SANITARY SEWERS (GRAVITY) 027203 Vacuum Testing of Sanitary Sewer Manholes and Structures 027205 Fiberglass Manholes and Manhole Inserts 027602 Gravity Sanitary Sewers 861 027606 Sanitary Service Lines 027611 Television Inspection of Conduits 028 SITE IMPROVEMENTS & LANDSCAPING 028020 Seeding 814 028320 Chain Link Fence S70 DIVISION 3 - CONCRETE 030 CONCRETE, GROIIT 030020 Portland Cement Concrete 840 032020 Reinforcing Steel 842 038000 Concrete Structures 841 DIVISION Z5 - MECHANICAL 150 MECHANICAL 1510........MECHANICAL & PROCESS VALVES PART T - TECHNICAL SPECIFICATIONS DIVISION 2 - SITE WORK 022 EARTHWORK 022020 Excavation and Backfill for Utilities and Sewers 022021 Control of Ground Water 022040 Street Excavation 022080 Embankment 023 FOUNDATIONS, BORINGS, PILES & CASSIONS 023720 Drilled Shafts 025 ROADWAY 0252........SUBGRADES AND BASES 025223 Crushed Limestone Flexible Base 028 IRRIGATION 02810 Irrigation Systems 029 LANDSCAPING 02900 Landscaping DIVISION 3 - CONCRETE 030 CONCRETE, GROUT 03300 Cast-In-Place Concrete DIVISION 6 - WOOD AND PLASTICS 06410 Custom Casework DIVISION 7 - THERMAL & MOISTURE PROTECTION 07110 Sheet Membrane Waterproofing 07213 Batt Insulation 07900 Joint Sealers DIVISION 8 - DOORS AND WINDOWS 08111 Standard Steel Doors 08112 Standard Seel Frames 08211 Flush Wood Doors 08360 Sectional Overhead Doors 08410 Aluminum Entrances and Storefronts 08710 Door Hardware 08800 Glazing DIVISION 9 - FINISHES 09260 Gypsum Board System 09306 Ceramic Floor Tile 09307 Ceramic Wall Tile 09511 Suspended Acoustical Ceilings 09650 Resilient Flooring 09900 Painting DIVISION 10 -.SPECIALTIES 10165 Plastic Laminate Toilet Compartments 10500 Metal Lockers 10800 Toilet and Bath Accessories DIVISION 13 - SPECIAL CONSTRUCTION 13125 Metal Building Systems DIVISION 15 - MECHANICAL 15000 Mechanical and Electrical Specifications ( Common Conditions) 15010 Mechanical General Conditions 15020 Starting of Plumbing and HVAC Systems 15058 Access Doors 15060 Hangers, Supports and Foundations 15070 Mechanical Sound, Vibration, and Seismic Control 15075 Mechanical Indentification 15080 Mechanical Insulation 15140 Domestic Water Piping 15150 Sanitary Waste and Vent Piping 15180 Refrigeration and Equipment Drain Piping 15410 Plumbing Fixtures 15480 Electric Domestic Water Heaters 15671 Air Cooled Condensing Units 15720 Air Handling Units 15810 Ducts 15820 Duct Accessories 15830 Fans 15850 Air Outlets and Inlets 15860 Air Cleaning Devices 15985 Sequence of Operation 15990 Testing, Adjusting and Balancing DIVISION 16 - ELECTRICAL 16000 Electrical Specifications LIST OF DRAWINGS Z T1 TITLE SHEET/VICINITY MAP 2 D1 EXISTING TOPOGRAPHY, DEMOLITION AND SWPP PLAN 3 C1 SITE STAKING PLAN (BASE BID) 4 C2 SITE GRADING PLAN {BASE BID) 5 C3 ONSITE UTILITY PLAN 6 C4 OFFSITE UTILITY PLAN 7 C5 ADDITIVE ALTERNATE NO. 2 AND SITE FENCING PLAN 8 C6 CURB AND SIDEWALK DETAILS 9 C7 MISCELLANEOUS DETAILS 10 C8 FENCING AND GATE DETAILS 11 C9 VEHICLE WASH DOWN AREA 12 C10 STANDARD WATER DETAILS 13 C11 STANDARD WATER DETAILS 14 C12 STANDARD WATER DETAILS 15 C13 STANDARD WATER DETAILS 16 C14 STANDARD WATER DETAILS 17 C15 SANITARY SEWER STANDARD DETAILS 18 C16 SANITARY SEWER STANDARD DETAILS 19 C17 SANITARY SEWER STANDARD DETAILS 20 S1 STRUCTURAL GENERAL NOTES 21 S2 OFFICE AND GARAGE FOUNDATION PLANS 22 S3 CONCRETE DETAILS 23 S4 STRUCTURAL VEHICLE WASH DOWN AREA 24 L1 LANDSCAPE PLAN 25 L2 LANDSCAPE NOTES & DETAILS 26 L3 IRRIGATION PLAN 27 L4 IRRIGATION NOTES & DETAILS 28 Al FLOOR PLANS 29 A2 EXTERIOR ELEVATIONS 30 A3 BUILDING SECTIONS 31 A4 WALL SECTIONS 32 A5 WALL SECTIONS 33 A6 REFLECTED CEILING PLANS 34 A7 ROOM, DOOR & WINDOW SCHEDULES 35 A8 INTERIOR ELEVATIONS 36 A9 MISCELLANEOUS SECTIONS & DETAILS 37 M1 HVAC FLOOR PLAN AND SCHEDULES 38 M2 HVAC DETAILS 39 E1 ELECTRICAL SITE PLAN 40 E2 LIGHTING FLOOR PLANS 41 E3 POWER FLOOR PLANS 42 P1 PLUMBING FLOOR PLAN 43 P2 PLUMBING SCHEDULES 44 P3 PLUMBING DETAILS NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: PARRS OPERATION MAINTENANCE FACILITY AT WEST GIITH PARR BOND 2008; consists of; An existing metal building of approximately (1,200 sf) currently utilized for a maintenance facility shall be demolished inclusive of the concrete foundation, paving and fencing, to allow for new construction and site improvements. These New Facilities and site improvements will be generally comprised of; two (2) separate pre-engineered steel buildings, one occupied by Offices, Shops and Restrooms of approximately (3,600 sf } and the second building will be utilized as a Maintenance Equipment Garage of approximately (2,100 sf ) and a Vehicle Wash down area, asphalt parking lots for employees, maintenance vehicles, security fencing and landscaping/irrigation. will be received at the office of the City Secretary until 2:00 p.m. on September 16, 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 2:00 p.m., Wednesday, September 9, 2009 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5~ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of .Fifty and no/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City. reserves the right. to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance .indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4: Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term UIRED ^ NOT RE environmental impact for the disposal of Q contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements D3L REQUIRED ^ NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED ^ NOT REQUIRED rage 1 oz ~ ^ The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ^ The name of the project must be listed under "description of operations" on each certificate of insurance. ^ For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or 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 880-3500. Page 2 of 2 NOTICE TO .CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQtTIREMENTS y Page 1 of 11 Texas Administrative Code TT'fLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Constructiton Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (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 fibm 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 2 of 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 asfood/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of alI services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of aself-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 begizming 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 (?)use the language contained in the.following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standazds of documentation: Attached Graphic , Page 3 of 11 {d) A contractor shall: (1}provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in waiting by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; - (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of tlne coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(Ii) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning. work on the project; (3}have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing ties contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A} a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; {G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f j If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j}. (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §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 Page 7 of 11 T28S 110.110(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 verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(7) Article . YYorkers' 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 (T'WCC-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. Persons providing services on the project ("subcontractor" in X406.096) -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, ofjtce supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classiftcation 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 wild 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. Page 9 of 11 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 notes 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. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certr~cate 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; (S) 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 (I) - (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 Self- Page 10 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 t~Zese provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. ~' Page I 1 of 11 PART A SPECIAL PROVISIONS PARRS OPERATION MAINTENANCE FACILITY AT WEST GUTH PARR BOND 2008 PROJECT NO. 3386 - SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meetin Sealed proposals will be received in conformity with .the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, September 16, 2009. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - PARRS OPERATION MAINTENANCE FACILITY AT WEST GIITH PARK BOND 2008 PROJECT NO. 3386 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non-responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent/representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non-responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening.' A pre-bid meeting will be held on Wednesday, September 9, 2009 beginning at 2:00 p.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. No additional or separate visitations will be conducted by the City. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project An existing metal building of approximately (1,200 sf) currently utilized for a maintenance facility shall be demolished inclusive of the concrete foundation, paving and fencing, to allow for new construction and site improvements. These New Facilities and site improvements will be generally comprised of; two (2) separate pre-engineered steel buildings, one occupied by Offices, Shops and Restrooms of approximately (3,600 sf ) and the second building will be utilized as a Maintenance Equipment Garage of approximately (2,100 sf ) and a Vehicle Wash down area, asphalt parking lots for employees, maintenance vehicles, security fencing and landscaping/irrigation. Section A - SP (Revised 12/15/04) Page 1 of 23 A-4 Method of Award The bids will be evaluated based on the following: 1. Total Base Bid, or 2. Total Base Bid plus Additive Alternate No. 1 or 3. Total Base Bid plus Additive Alternate No. 2 or 4. Total Base Bid plus Additive Alternates No. 1 and No. 2. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Bid award is subject to the availability of funding. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5~ Bid Boad (Must reference Parks Operation Maintenance Facility at West Guth Park, Project No. 3386 as identified in the Proposal) (A Cashier's Check, certified check, money order or bask draft from nay State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the .Project will be 184 calendar days. The Contractor shall commence work within ten (10} calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. No additional calendar days will be allowed for Additive Alternates No. 1 or No. 2 or both if awarded. Days Allocation for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that .the status of construction was such that there was an impact detrimental to the construction schedule. MONTH DAYS MONTH DAYS January 3 Days July 3 Days February 3 Days August 4 Days March 2 Days September 7 Days April 3 Days October 4 Days May 4 Days November 3 Days June 4 Days December 3 Days For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after s~zch time period as extended pursuant to other provisions of this Contract, $400 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 Section A - SP (Revised 12/15/04) Page 2 of 23 of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any. Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda 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 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Building Construction. In case of conflict, Contractor shall use higher wage rate. Minim~un 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, Section A - SP (Revised 12/15/04) Page 3 of 23 worl4nan, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. Tre Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These doeiunents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (1'~) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6,•Working Hours.) A-11 yooperatica~ with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess 1-800-344-8377, the Lone Star Notification Comparnl at 1-800- 669-8344, and the Verizon Dig Alert at 1-800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Architect JEC Architects,Inc. Jim Coffin, Architect 904-0804 904-0925 (fax) Traffic Engineering 826-3540 Police Department 882-1911 Water Department 826-1880 (826-3140 after hours) Wastewater Department 826-1818 (826-3140 after hours) Gas Department 885-6900 (826-6900 after hours) Storm Water Department 826-1881 (826-3140 after hours) Parks & Recreation Department 826-3461 Streets & Solid Waste Services 857-1970 A E P 299-4833 (693-9444 after hours) S B C / AT&T 881-2511 (1-800-824-4424,after hours) City Street Div. for Traffic Signal/Fiber Optic Locate 857-1946 857-1960 Cablevision 857-5000 (857-5060 after hours). AGSI (Fiber Optic) 887-9200 (Pager 800-724-3624) KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CT~PROCft (Fiber Optic) 512/935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed. necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is Sectioa A - SP (Revised 12/15/04) Page 4 of 23 his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to 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 public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document 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 will be paid for as shown in the bid proposal. A traffic control plan is included in the construction drawings. A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of Section A - SP (Revised 12/15/04) Page 5 of 23 grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor- A-16 Disposal/Salvage of Materials 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. A-17 Field Office NOT USED A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based 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-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and. other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Monthly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: Section A - SP (Revised 12/15/04) Page 6 of 23 A. The schedule of construction shall be structured to meet all requirements of Section A-6 uTime of Completion/Liquidated Damages" and as noted above. B. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of constructing the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services and street access with other contractors. D. Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications for special events that will occur during the period of the Contract. A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractors negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency/point of circumference • Curb and gutter flow line - both sides of street on a 200' interval; Section A - SP (Revised 12/15/04) Page 7 of 23 • Street crowns on a 200' interval and at all intersections. Wastewater: • Ali rim/invert elevations at manholes; - • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Gtnrmwat-t~r • All rim/invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Project Signs The Contractor must install 1 Project sign furnished by the City as indicated in "Attachment 1 - Bond 2008 Project Sign." The sign 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. A-22 Minority/Minority Business Fsnterprise Participation Policy (Revised io/9a) 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 Section A - SP (Revised 12/15/04) Page 8 of 23 work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority persons}. 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the Section A - SP (Revised 12/15/Og) Page 9 of 23 work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. 4. 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 Particigation Minority Business Enterprise (Percent) Participation (Percent) 45 ~ 15 ~ b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as 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 Section A - SP (Revised 12J15/04) Page 10 of 23 of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax ExemAtion (NOT USED) g~'ext~tlgated by-the Eetxp~rell e~'--e€ Ptt~lie neeeu~~s---~~'~e~as €€ i th Q aee e~3 the "S-t~~e~rten~ ~ t } ef "~~erials-ana e a~reP ~ s Z 2 GII€ " } t~ h ^ ~ a e r es-t e€ mat l € to eria3 s ~'~-,~; ~~, , •• te n t hG= C arges 3. ~1~6vYQ% s2Tar2 ectzx€=c erm te e ~repesa atco -tv ~.pF.z-z~zs- ~ F,rspQsal value ..~ .,~,.,,. ; .., s . i~l ~ b ~ians }€ fes tape-Pxe~x € s the ~„~~~~'-r^^`~Y e ee~rtr~e-hers are e g 6u p er a issues-a-r-es~le~erti€ieate ta-z =s .,::NNl~.er. Section A - SP (Revised 12/15/04) Page 11 of 23 A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed- by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B-6-ll of the General Provisions is amended to include: Section A - SP (Revised 12/15/09) Page 12 of 23 Contractor must provide 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 must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance ee~e~aQ~ A-28 Considerations for Contract Award and Execution 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 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 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 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. A 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, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Section A - SP (Revised 12/15/04) Page 13 of 23 Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (S} working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only} must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to. meet said requirements but that meeting such requirements is not reasonably possible. ~, A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; Section A - SP (Revised 12/15/04) Page 14 of 23 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9 . Do~e~tab ren~s re~i r ed-~y-spee i a~~ r~~i s-ie~A 3-J~ , i ~~gpl reable . 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of .individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. 'I`he Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. 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 completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction Section A - SP (Revised 12/15/04) Page 15 of 23 plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements ( NOT IISED ) A .,~ •,. it ~ ~ „ r,-.,«.; ~rie~te~er€e~m~eg ~aer3~ at any-~i~~-weber €~e-it}ti. ~,~~ r ~ r'" G=tom-;~)ater BeFartme~t rerseenel A ~F~.s-itemC-e~r~e€er-~~~ and ease desire ' Fsr additienal ~ ~' ~ +.., r...._..,,...,..,~~ =~~o==traeter sha~~ st et start, eFerate, er , valve, egaip~e~t, svr} € i teh, ~rea~eer~ eesz$~l, er ti~e X31 a t a }lit aa~ether ~st ~e ~eh }terns ~ tT-water =~=ate to E 7-a a~ ae thort~e~a~i~te th ~ ee-~a~ ~tanee e~ le aFer~ted hy-an epe~a-tee the r~«. ,.,.,~,.,. n..r,r~~,_ ... ..j .. _.___ -.r--- er e er~ ~~ _ g y n=1 «<at~==R=~ and egt~iFmeet us ed ie the repair, ...~. ,..~ £d l ~i i dards T~^''; ~„~^ i,.T-.+-,,. St ..-., a e~a ea~ eo~r~r~ to rmer an t~~ad ee$egeuadg, eeat~~g -' , }, ~ s~ er hy~ra~l~e egt~4p~te~t T-he~2-tea . .~ :.-,.. TIRQTILT~L c~~wa+..a G1 ..a 8l1~st I36~ e ~ i i -amt-he~~se~-~i-~ e s~~e ~ t d to ~ t~e are Q===a~~ s~e~: ~ ~ t eFee e e~ t th E t t d h h er e~ y- e es- ~ae Qenera e ___ras , ...,,a m,.,, r.. h ill t h ll $l i ~ it ==i ~«.v.,,.}..r rae ch me e~ s eaa eg e =ate ty--s 11-zi~-~d re~teP~a3 as eleae at ~ ll ~ h l tr-as~i e are X ~eep--vaer s a `- . Section A - SP (Revised 12/15/04) Page 16 of 23 ~'. rexx~~--ae-€e~'s~~~se~~l ~s~vaea~ eeleY^~~xi€-s~~ eve~a~ls a€~e~ €~aa-e~~ange, ~le.~e~ w~i~e . ~..,,,. , .. ^ ....i€~~... .....~ ~ Yom... i~^ ~e~ ~~r-ae-€e l e -€ ~e ~ i~ e h ~ € ~l ~ -~^, e e e ~ s ia . ex= Y~e e~-e -~~s~ e e ~ ~~ ~~i~~ ~ s }~~~ ~~ . , . -. e - ~ie,~~s-~ ~. wee- e- € ~Ei~ ~ use a~~ ~ . ~e~~~e-t-e~ R~s ae Res-~-~~~~r~e ; }., Y., F.,,,;, ; ti . ~-a a~~eed a€ des-3 Ctt € ~e ~ ~~l c c ~ i l -~e~ ai€e -ate g es E ~s ~ e~ ve exx =ae 3 e- d ~41~ Ee~~~ €€ € € ~ ~ ~i~ :* ~ i d ; e~s~--=~e~i2res . e~ ~a~ ~nee s a ~R-~e ~ y- a es- ~i ~aante i~ aa d i~~ l l i b ~ ~ ~ ~~e-~ ee p ~ - ~nt ee~~ ea~ ~,- e- e e R~ts e--~ ~ Pe~se~~el mtts€ ~e ie eemga~t ~ ~ , Pvxxcs ac~6~' e~pl epees iFiL~9$~3A~ leave €~e a.-...;,-. -,~-.,,7 ..~-...,,.. ~-;.. cri ccc-zzvx vrccxxQ%Y ~~iY-6uq~3-c^ci~~+'--~vc'r~ld~~~9 6~~ie~- ~~3ai3 ~-6~' --s=-'-'-'~ ----~- o= as di~eezed ~~E}~~-i~Fa€e~ ~e$a~-€mea€ r^ ^, ''„y;..~ ~'~^ ~~, ,.-F.. .7 ..1. L„ -,, ~ F; .-,.i i-el,l„-. -,l - i i `~ ~ ~ - ° ~ ~ d b ~ € i €~e- ~i -li€ie i v i~ p~ ~~4e~s 1 ~~~a v i.~vuu~ ,. , ~ Y 9--~elew~-s e- ee - ~ as- e~ ~ ~ " ' ' l, mee eg ~ls = ~aa s€ ~ € di€lea€iea s addi€ie33s c 2xxl. LtI .CG.I- i vatit- T € i = s ~~e € i ~ e l ~i e, me }es€all}a• , , es p: aixge~, se t~~e eas, s ~g, . , l 1 ~ ~i d~ ~ - €~~ ~e s e e i €-i a d~ ~ ~e i ~e d--~ -a ~ ~e~~ e~-a these -^ -=€=-"~=- =r ~- o~ ~~ ~ a~e --- se a h ~ ~ 3.. die i-s ~egt~l-a~l~ eat-ab ~ 1 C ~ ~ ed is ~ €~e eeRtgir~e~ ~ae ~a € - ~l - e~ -~ -~-~..r 1 i ed-~o- -„~ ~ e sus ems- trs- ae ee ~e --~ei~al-wa~e~ a~~-~-s € l d ~ ie ~tes s ; ~ewa~e gee e ~ a ~ s a ~ _-~~'~~'--,.. € ee~ a~~a~l € te e x we~ ~ as-pe~ e~e . - l i~ d ea e~~s d i ea~s e g €li} a ~ } ~e~•~ ~ a€ , ~-mss ~ e~ egt ccFx ~~• ~ L,,, i, ., ,. t.,., r.,., ~}v l ~e ~ d e s ~ e tie t e e€ v } e ,.. ; F ae~3~ = . ; ,, a xic xxcrv--vccxx ue de e ~re~ein €e~-a~-leasr€-~-~ s a de }~te~ l 4 n ngage ea~-s- ed Yee ~ i €ess~esal ~n inee ___ r ~ a~ _-- ~ e erttg e~ g ~ i - € gl € g l ~ }a € ~ , i ag ~ee~ , e~ as ~s e~s ,...,; v ~~ € ti ^ Y - ee ...~ ,,, ea ~tg ee~ e ~ ~.~. ' €= ...... st~~e~v se ~ _ _ ~e~ e i e~ z-- e~-~t l l 5 ir ~i t - = _~--- -- ~ wlie-e ~ ~ -- ~ ^^~,, ,,,. ays-pe~sesee e e e~F . a~ € -~ ~- l t ~ ~ s - e~-~ -~ ~~ ee ve -ee~~ ~-~iei~ ' ..^F;..,,° ;-~~ a R~ t ae ~ eafftg e e d i l ~i €~ s - ~ se i~i nt es~t -- - - - J -- ~'F1TS1 -----~ a an ~ e~-en ~tg ss €~~~e-~~~~aeeei ~e~-~ t i - 3e~- o n i s~ee ~e re~ ~ e g e~s, ~e-e€ . € ll ~e€~ d s~ d a a ns a ~ta . e-RR,a ~ } € =lit iz~i = ~e , 4 8o ~t ~s e il € €~ ~ a~t T ~ i€ Pe € ~~: i ec uc - sei~ ~ . - e ~ m es e e ee s- e e r , ~r -----°° "---~--_ ll ~ ~nis~ e i = n ~ t w~i €i i ~~ - - € € ~ tx ~ ~s a ma~,~-~-€ae-~~t~-ems €e €~e t~ta~ ~tee ix~~--~ e s e g~ ~ae€}sal-e~e~e~r~ ec ~-e- a - V~e~e €~is ~xe -~-s- Section A - SP (Revised 12/15/04) Page 17 of 23 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. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all submittals. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. 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. Section A - SP (Revised 12/15/04) Page 18 of 23 g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer -and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all s~3ag test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related material will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts", B- 6-15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-8- 9. A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with Section A - SP (Revised 12/15/04) Page 19 of 23 documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozoae Advisory Priming and hat-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day. 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: 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, material man, 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, material man, or their officials, employees, agents, or consultants. The contractor shall and agents harmless employees, attorneys, liability whatsoever officials, employees, causes injury to an supplier or material A-44 Change Orders hold the City, its officials, employees, attorneys, and shall indemnify the City, its officials, and agents from any and all damages, injury, or from a negligent act or omission of the city, its attorneys, and agents that directly or indirectly employee of the contractor, or any subcontractor, man. 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 aad Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location {horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed: As a minimum, the final drawings shall include the following: Seotioa A - SP (Revised 12/15/04) Page 20 of 23 (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. A-46 Disposal of Highly Chlorinated water (7/5/00) NOT IISED _ h t r ls h l €i l l hi -va€11 be used €er e€ enleri ~~ t e va er~a a e~ e er~ ar ~- g ~ ~ h ~ € ll b ~~'h h €~r dis es~l e€-~? r ~e- € ~ C t~ or a~re e ne ere s a ~ra ~ ~ sega a ~~ r., a, -,i ,-,~ . .+--, ,~~-,.a .,,-., A-47 Pre-Construction Exploratory Excavations (7/5/00) NOT IISED grpel}ne. A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the Section A - SP (Revised 12/15/04) Page 21 of 23 construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-il 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: "Funds are appropriated by the City, on 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." Section A - SP (Revised 12/15/04) Page 22 of 23 SIIBMITTAL TRANSMITTAL FORM PROJECT: Parks Operation Maintenance Facility at West Guth Park PROJECT No. 3386 OWNER: CITY OF CORPUS CHRISTI ARCHITECT: JEC ARCHITECTS, INC. CONTRACTOR: SIIBMITTAL DATE: Si7BMITTAL NIIMBER: APPLICABLE SPECIFICATION OR DRAWING SIIBMITTAL Section A - SP (Revised 12/15/04) Page 23 of 23 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 20TH day of OCTOBER, 2009, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Teal Building and Construction, Ltd. dba Teal Construction Company termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $673,010.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: PARKS OPERATION MAINTENANCE FACILITY AT WEST GUTH PARK BOND 2008 PROJECT NO. 33$6 (TOTAL BASE BID + ADD.ALTS.#1&#2: $673,010.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 PARKS OPERATION MAINTENANCE FAC3LITY AT WEST Gt7TH PARK BOND 2008 .PROJECT NO. 3386 BASE HID BID ITEM .QTY & UNIT DESCRIPTION 8ID ITEM EXTENSION ITEM NO. 1 1 LS Consisting of all work not Specifically identified as Additive Alternate Bid Items as shown on plans, specifications and Contracts for a complete installed project as per ` ~ ,~, LUMP SUM . $ ( G ~ ~ ,~~ 7. ~ TOTAL BASTs BID ADDITIVE ALTERNATE BID #1 s C'v:~~~ ~~~ ~- BID ITEM QTY & UNIT DESCRIPTION HID ITEM EXTENSION ALT. NO. 1 1 LS All added costs associated with Construction of a Fifth Bay on Garage Building, identified as Additive Alternate No.i as shown on plans, specifications and Contracts for a complete installed project as per ~ . LUMP SUM. $1;j TOTAL ADDITIVE ALTERNATE BID #l PROPOSAL FORM PAf3B 3 OP 7 ADDITIVE ALTERNATS BID #2 SID ITEDd QTY & tA3IT DESCRIPTION BID ITE'N! EXTENSION ALT. N0. 2 1 LS All added costs associated with Construction of all Asphalt Paving south of Qarage Building, Indentified as Additive Alternate No.2 as shown on plans, Specifications and Contracts for A complete installed project ~= As Per LUMP SUM. $ TOTAL ADDITIVE ALTERNATE BID #2 SID S[~ARY TOTAL BASE 8ID BASE BID + ADDITIVE ALTERNATE-8ID #1 BASE 8ID + ADDITIVE ALTERNATE BID #2 BA88_BID + ADDITIVE ALTERNATES BIDS #1 AND #a $ ~ .._. PA~:B 4 OF 7 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 184 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. ATTEST: City Secretary CITY OF CORPUS CHRISTI By: Oscar Martinez Asst. City Mgr. of Public Works and Utilities APPR D AS TO LEGAL FORM: By: Asst. Cit Attorney A : ( I f Cc~rpo:ration ) (Sea>1 Below) (Note: If Person signing for corporation is not President, amt SPY of authorization to~ ~rgn) r~ ~ -''~ By: ~ ,~- Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Teal Building. and Construction Ltd. Teal Construction C an By: Title : ~2~~ 5110-B IH 37 (Address) CORPUS CHRISTI, TX 78407 (City) (State)(ZIP) 361/882-4825 * 361/882-4630 (Phone) (Fax) ~~ O~ ~ AUTHORIZE ~Y Ct~til~Cil...~ ~ ~© ~~ Agreement ---»~-~-~ Page 2 of 2 SECitETARY ~• P R O P O S A L Place: Date : 09116/09 Proposal of a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as Teal Building and Construction, Ltd. dba TEAL CONSTRUCTION COMPANY 51108 IH 37, Corpus Christi, Texas 78407 TO: The City of Carpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment,~and to perform the work required for: PARKS OPERATION MAINTENANCE FACILITY AT gOEST GUTH PARK BOND 2008 PROJECT NO. 3386 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: PROP03AI, FORM PADS 2 OH 7 PARKS OPERATION MAINTENANCE FACILITY AT WEST GUTH PARK BOND 2 0 0.8 PROJECT NO. 3386 BASE BID BID ITEM .QTY & UNIT DESCRIPTION BID ITEM EXTENSION ITEM NO. 1 1 LS Consisting o£ all work not Specifically identified as Additive Alternate Bid rtems as shown on plans, specifications and Contracts for a complete installed project as per / ~, LUMP SUM. $ ~G ~ ~ ,~7J. TOTAL BASE BID ADDITIVE ALTBRNAT~ BID #1 $ ~L~_ ~~...~ SID ITEM QTY & UNIT DESCRIPTION BID ITEM EXTENSION ALT. NO. 1 1 LS AZl added costs associated with Construction of a Fifth Bay on Garage Building, identified as Additive Alternate No.1 as shown on plans, specifications and Contracts for a complete installed project as per ~ . LUMP SUM . $1 TOTAL ADDITIVE ALTERNATE BID #1 PROPOSW, PORM PAGE 3 OP 7 ADDITIVE ALTERNATE BID #2 SID ITEM QTY & UNIT DESCRIPTION BID ITEM EXTENSION ALT. NO. 2 1 LS All added costa associated with Construction of all Asphalt Paving south of c3arage Building, Indentified as Additive Alternate No.2 as shown on plans, Specifications and Contracts for A complete installed project As Per LUMP SUM. $ ~ '~ / TOTAL ADDITIVE ALTERNATE HID #2 BID SUD~ARY TOTAL SASE HID SASE HID + ADDITIVE ALTERNATE BID #1 SASE BID t ADDITIVE ALTERNATE HID #Z $~,.~f~7~~` $ ~~ ~?~~" __J~~ ~ .,~~ ~ O BABE BID + ADDITIVE ALTERNATES SIDS #1 AND #a $ ~ C7.= -',~ ~'r3 0 /~- PROPOSAL FORM PAt~B 4 OP 7 ~rne unaersagnea Hereby declares that he has visited the sate and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (lo) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The. bid bond attached to this proposal, in the amount of 5~ of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Tnterprise ParticipatioYt: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of BCE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of CompYetioas The undersigned agrees to complete the entire project including any additive alternates if awarded within 184 ca~.endar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number) : 1 and Z. Respectfull su z ed: Name : Join urr By: (SEAL - IF BIDDER IS zC~NATUR$} 51106 IH 37 a Corporation) Address: (P.O. Box) (3treet) Corpus Christi, Texas 78407 (City) (State) (Zip) Telephone : _ (361) 882-4825 NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) PROPOSAL FORM PA08 5 OF 7 t } Bond Nq. ~i635907 P E Rlx' ORMANCL BOND STAT>~ OS TERAS ~ COUbl'rX OF 2NECRS § KNOW ALL SY TAESL P~SENTB: TEAT Tesi 8uildit~Q and ConBtruction.~ Ltd. dbet Teal Conetruotion Co an of NU~CES County, Texas, hereinafter called '"Pri:ncipal", and Safeco Insurance Comaanv of A_ merica , a corporation 'organized under the ~ laws of the State of Washineton , and duly authorized to de business in the State of Texas, hereinafter called "Sure.ty", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of $xX HIINDRED SEVL19fiY- THRLS THOUSAND, TEN AND NO/100(~673~ OI0.00j DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, far the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: TAE CONDITION OF THT3 OBLIGATION I8 SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 2_ OTH of ,OCTOBER , 20 09 , a copy of which is. hereto attached and made a part hereof, for the construction of: PARRS OPERATION D~N'TLN~INCB FACILITY AT WEST GUTH PARit BOND 2008 PROJECT N0. 9386 ('.1`p'1'AL HASE SID + ADD.ALT$.#18#2: $673,0]:0.00) NpFp~', THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and. if the principal shall repair and/vr replace all defects due to faulty materials and/or workmanship that. appear within a period of one (1j year from the date of completion and acceptance of improvements by the. City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety far value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, ox the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation. an this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to .the terms of the contract, or to the work to be performed thereunder. Performance Sond Page 2 of 2' i f This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. fihe undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered. and on wham service of process may be had in matters arising out. of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNL3S WHtrliLOF, this instrument is executed in 9 copies, each one of which shall be deemed an original, this the 28th day of October , ZO 09 "- ~,'RIZlGIPAL Teal [3uildin d nslruction, Ltd, dba Teal Construction Company By: (Pra.nt Name 5 'Title) $UR~TX Safeco )nsurance Com~anv of America The Resident Agent of the 5usety in lYnecem County, Texas, for delivezy of notice and Be7C'viCe ot.' process is: Agency: Keetch & Associates Coataat Per~san: Mr. Kevin Keetch p~j~gss ; P.O.13ox 3280 Corpus Christi, TX 78Q63-3280 Phone N~ber: (3fit} 883-3803 (NOTE: Date of Performance Hond must not be prior to date of ccntract)(Revfsed 3/OB) Performance Bond Page 2 of 2 (Print flame ) POWER OF ATTORNEY No. 9667 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does hereby appoint **************JONI BOWEN; EDWARD G. BRITT, JR.; VICKIE BYUS; ROBERT C. DAVIS; LAURA LIVELY; KRISTI LOVETT; BARRY K. MCCORD; DAVID G. MICLETTE; DAVID T. MICLETTE; ASHLEY BRITT RUSSELL; Houston, Texas********** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents ofa similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 27th day of October 2009 J es A. Schrader, rce President State of Washington l County of King f ss~ ACKNOWLEDGEMENT On the 27th day of October 2009 James A. Schrader before me personally came to me known, who being duly sworn, did depose and say that he/she resides in Seattle, Washington 111` A//~ ,that he/she is a Vice President of SAFECO INSURANCE COMPANIh e• ~~ ERAL INSURANCE COMPANY OF AMERICA, the Corporations described in and which executed ~ ,~~a'slE'~MS~f°.,~at~i?~/she knows the seals of each Corporation; that the seals affixed to said instrument are such .yrp~~ ' eals; that th ere'Iiy affixed by order of the Board of Directors of each Corporation, and that he/ she signed his/her n~ne t$e~to ~li~tler. ` _ '~`~~' M~a ma ie ra £: ~//B~,`' _ ~ ~ ~ My commission expires July 6, 2011 ~i~ ~' '~ ~'~ ~ ;,e ~~'~~~ CERTIFICATE i~~ oraP~xfre~of SAFECO INSURANCE COMPANY OF AMERICA ~//~[,11r° ~arfc~o~i RAL INSURANCE COMPANY OF AMERICA "Article V, Section 13. - FIDELIT~~~`SAIURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. 'The power of appointment granted in this paragraph to the officers enumerated may be exercised by each of them severally, regardless of the availability or unavailability of the other officers enumerated. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. "On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." I George W. Crittenden, Assistant Vice President of SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing is a true and correct copy of Article V, Section 13 of the By-Laws of each corporation and of powers of attorney executed pursuant thereto and that both said By-Laws and said Powers of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation ~ECOMp,~ ~ rE ~' ~~ ~ SEAL W SEAL 1953 ~ [s2~ a S-1274/SAEF3/09 ~~~~ '~spty~y this "" day of ozoo9 George W. Crittenden, Assistant ice President ~~~ FRP SAFECO" State of Texas Surety Bond Claim Notice In accordance with Section 2253.021 (f) of the Texas Government Cade and Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bond(s) should be sent to: SAFECO Surety Safeco Plaza 1001 4th Ave., Suite 1700 Seattle, WA 98154 Mailing Address: SAFECO Surety PO Box 34754 Seattle, WA 98124-1754 Phone: (206) 473-3799 Fax: (425) 376-6533 www.SAFECO.com Bond No, bb35907 P A Y M E N T 8 p N D STATE. OF TEXAS § KNOW Ai,L SX THESE PRESENTS: coUNTx of NvECES § THAT Teal Building and Construction, Ltd. dba Teal Construction Company of NUECES County, Texas, hereinafter called. "principal", and Sai'cco Insurance Company ofAmerica , a. Corporation organized under the laws of the State of Washington , and duly authorized to do business in the State of Texas, hereinafter called '"Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", a.nd unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal. snm of SIX HUNDRED SEVENTY-THREE. THOUSAND TEN AND NO/100($673 010 00) DOLLARS, l County, Te made we b' successors, _„r awful money of the United States, to be paid in Nueces xas, for the payment of which sum well and truly to be ind" ourselves, our heirs, executors, administrators and jointly and severally, firmly by these presents; TAE CONDITXON OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Carpus Christi, dated the 20TH day OCTOBER., 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: PARKS OPERATION MAINTENANCE SACILITX AT WEST GUTH PARK BOND 2008 PROJECT NO. 3386 (TOTAZ SASE SID + ADD.ALTS.#162: $673,010.00) NOWT, THEREFORE, if the principal shall. faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations a.nd claimants supplying labor and material in the prosecution of the work provided for in said contract and any anal all duly authorized modification of said contract that may hereinafter be made, notice of which. modification to the. surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVSI)ED FURTHER, that if any legal action be filed upon this band., venue shall lie in Nueces County, Texas,. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, et.c., accompanying the same shall in anywise affect its obligation on this bond, and it d:aes hereby waive notice of any such change, extension of time, alteration or addition to the terms. of the contract, or to the work to be performed thereunder. Payment Hond Page 1 of 2 This bond is given I;o meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. fihe terms "Claimant", "Labor" and. "Material", as used herein are in accordance with and as defined in said Article, The. undersigned agent is hereby designated by the Surety here~:n as the Rgent Resident in NueceS County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 1, Ver.non's Texas Snsurance Code. TN WITNESS WHEREOF, this instrument fa executed in 9 copies, each one of which shall be deemed an original, thisthe z8th day of October , 20 09 PAINCIP.AL Teal I3uil.di and i~stroction, Ltd. dba Teal Construction Company 13y: ~_ ~ ~ Print Name 6 Title) svRE~x Safeco Insur ce Com an of America. sy: ~ ,, Ata:orn y-in--fast - Kristi L velt, Attorney-in-fact (Print Name) , T1~e Resident Agent of ttse Surety in Nueces County, Texas, for delivery of aotiae and service of prooears is; Agency: Keetch & Associates Contact Pereon:Mr. Kevin Keetch Address; P.OJ3Q~ 32~ Cor[~us ~'hriys~i. '['~ 7R4C,3-32Rt) _ Phone Ntuabex: (361? 883-3803. . iNOTIi: Date of Payment bond mast not be prior to date of contract) (Revised 3!t}B) Payment Bond Page 2 of 2 e POWER OF ATTORNEY No. 9667 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each Washington corporation, does hereby appoint **************JONI BOWEN; EDWARD G. BRITT, JR.; VICKIE BYUS; ROBERT C. DAVIS; LAURA LIVELY; KRISTI LOVETT; BARRY K. MCCORD; DAVID G. MICLETTE; DAVID T. MICLETTE; ASHLEY BRITT RUSSELL; Houston, Texas********** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 27th day of October 2009 mes A. Schra er, Vice Pr dent State of Washington l f ss. ACKNOWLEDGEMENT County of King On the 27th Seattle, Washington INSURANCE COMPANY U f ~ Q~ ». . and which executed tl~pi~~J~,. instrument are such cQZplt~A she signed his/her n~e~}te~~o by like or r ~ ~Oi'ARy ~~~ 2009 James A. Schrader ,before me personally came to me known, who being duly sworn, did depose and say that he/she resides in ,that he/she is a Vice President of SAFECO IERAL INSURANCE COMPANY OF AMERICA, the Corporations described in he/she knows the seals of each Corporation; that the seals affixed to said fso affixed by order of the. oard of Directors of each Corporation, and that he/ i~ - , ~_ Marina pieua My commission expires July 6, 2011 tl~S cA "D`°' ~~Z-~ CERTIFICATE afro ttC~~~~'c'"' f SAFECO INSURANCE COMPANY OF AMERICA ~~~~ ~`•'••s.•of L INSURANCE COMPANY OF AMERICA "Article V, Section 13. - F~ ~I~ ~Y BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for t ~ftd~~ a by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. "The power of appointment granted in this paragraph to the officers enumerated may be exercised by each of them severally, regardless of the availability or unavailability of the other officers enumerated. On any instrument making or evidencing such appointment, the signatures maybe affixed by facsimile. "On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." I George W. Crittenden, Assistant Vice President of SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing is a true and correct copy of Article V, Section 13 of the By-Laws of each corporation and of powers of attorney executed pursuant thereto and that both said By-Laws and said Powers of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporatio~n}~~~. Q Cpyg~~ ~NCf COMP,~f this ~o ~ day of ~~~ "~ ~D7 CIIAPOR~E ~' SEAL W SEAL ~ ~~-~'~.~-~`--- 1953 "t/ tsZS ~ George .Crittenden, Assi ice Presi ent S-1274/SAFE 3/09 ~~~ ~~~~ FRP day of October it SAFECO` State of Texas Surety Bond Claim Notice In accordance with Section 2253.021 (f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code, any notice of claim. to the named surety under this bond(s) should be sent to: SAFECO Surety Safeco Plaza 1001 4th Ave., Suite 1700 Seattle, WA 98154 Mailing Address: SAFECO Surety PO Box 34754 Seattle, WA 98.124-1754 Phone: (206) 473-3799 Fax: {425) 376-6533 www.SAFECO.com P A Y M E N T B O N D STATE OF TEXAS ~ COUNTY OF NUECES ~ KNOW ALL BY THESE PRESENTS: THAT Teal Building and Construction, Ltd. dba Teal Construction Company of NUECES County, Texas, hereinafter called "Principal", and a corporation organized under the laws of the State of , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of SIX HUNDRED SEVENTY-THREE THOUSAND, TEN AND NO/100($673,010.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 20TH day OCTOBER 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: PARRS OPERATION MATNTENADiCE FACILITY AT WEST GUTH PARK BOND 2008 PROJECT NO. 3386 (TOTAL BASE BID + ADD.ALTS.#1&#2: $673,010.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of 20 _____ PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) svRETY By: Attorney-in-fact (Print Name) The Resc~ea~ Ag~aat of -~, S ,im, ;,feces ~ouaty, Ted, fir del'~ersp af. a~~s mod' srerv~.ice of prt~cese~ is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NUECES ~ THAT Company of KNOW ALL BY THESE PRESENTS: Teal Building and Construction, Ltd. dba Teal Construction NUECES County, Texas, hereinafter called "Principal", and a corporation organized under the laws of the State of and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of SIX HUNDRED SEVENTY- THREE THOUSAND, TEN AND NO/100($673,010.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 20TH of OCTOBER , 20 0 9 a copy of which is hereto attached and made a part hereof, for the construction of: PARKS OPERATION MAINTENANCE FACILITY AT WEST GUTH PARK BOND 2008 PROJECT NO. 3386 (TOTAL BASE BID + ADD.ALTS.#16#2: $673,010.00) NOW, THEREFORE, if the principal shall faithfully perform said work in .accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of 20 PRINCIPAL By: {Print Name & Title ATTEST (Print Name & Title) SURETY By: Attorney-in-fact (Print Name) ~'h@ R~si,c ~ or~r the S~tr~~' inn laces s, ~~r dela~~ezy ~ ~1'J ,Bil~tET!!="' gtOCesB' is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/OS) Performance Bond Page 2 of 2 11/4/2009 ACORD,~ CEi~TIFICATE OF PROPERTY INSURANCE °A'~ PRapUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOI+tMATION Bowen, Miclette ~ Britt Insurance Agency, LLC ONLY AND CONFER8 NO RIGHTS UPON THE CERTIFICATE 1111 North hoop West , #4 0 0 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COYERAL3E AFFORDED BY THE POLICIES BELOW. Houston TX 77008 .~nunwulrs eeenonuars r_AVPRea~ ~l3/~~D-7/4D S~ INSURED Teal Building and Construction, Ltd. dba Teat Construction Company 135 Brittmoore Houston TX 77043 coMPaNY Landmark American Ins Co A COMPANY B coMPANY C COMPANY D 6VYC~MVC.7 S IS TD CBRTIFY TRAT TH8 POLICIES OP INSIIRANC6 LISTED BELON HAVE 8EBIi ISSU® TO T88 INSUR>3D NAMED ABOVE FOR TH8 POLICY PERIOD NDICATBD, NOTNITHSTANDING ANY R64IIIRSNBNT, TBRT7 OR CONDITION OF ANY CONTRACT OR OTHER DOCW63NT WITR RBSPBCT TO WHICH THIS CBRTIFICATR SORANCB AFFORDED BY TH8 POLICIRS D83CRIBED HEREIN I9 30BJ8CT TO ALL TRB TERMS, EXCLUSIONS AND Y BS ISSUED OR MAY PffitTAIN, THB IN ITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BNBN REDUCED BY PAID CLAIMS. CO TYPEOFINSURANCE pOLICYNUMBER POLCYEFFECINE DAT>rll POUCYEXPNtATR1N GATE IMWDD11fYl COVEREDPROPERTY LIAItfS LTR BUILDING S PROPERTY PERSONAL PROPERTY $ CAU SES OFLOSS BUSINE86INCOME $ BASIC EXTRAEXPENSE $ BROAD BLANKET BUILDING $ SPECU-L BLANKETPERSPROP $ EARTHQUAKE BLANKET BLDG 8 PP $ FLOOD $ S 11/1/2009 11/1/2010 Per Occ. $ A INLAND MARINE LHQ364657 X Includes ~ $ . TYP EOFPOUCY k i / Stored Mat, s Bu s ilders R d Y at Job. Site a CA USES OF LOSS s NAMED PERILS $ OTHER $ CRIME i TYPE OF PouCY s $ BOU.ER a MACHINERY $ OTHER LOCATION OF PREMISESlDHSCRIPTION OF PROPERTY including windstorm with Named Storm Deductible $25'0,000 i l Form Spec a Re: Parks Operation Maintenance Facility at West Guth Park Bond 2008, Project No. 3386 e Parties listed in said contract, including the certificate holder, are added th t os , en required by written contrac as an Additional Insured per attached RSG 94005 0304 endorsement but limited to the operations of the Named Insured under said contract, and always subject to the policy terms, conditions and exclusions. SPECIAL CONDITIONSK1T1ffR COVERAGES SHOULD ANY OF TIC ABOVE DESCRIBED POLICIES BB CANCBLLED OR THRIALLY CHANGED BEFORE 14i8 ID[PIRATION DATE TBBREOF, THS City of Corpus Christi Department of ~ IS3IIING INSURER WILL ~oaooaaac xx MAIL 30 DAYS WRITTEN Engineering Services OTICE TO THB CERTIFICATB HOLDBR NAMED Ta TH8 LEFT. xxx Attn: Contract Administrator ~ xx xx xx xxx~ x~oooooooc ~°°°°°°°°°~ roc ~°D~7°OC 'OC P.O. Box 9277 x~anc xxxx xxx ~ooc~aaooc xxx xxxxroc Corpus Christi TX 78469 AUTHORIZED REPRE$ENTATNE „~LS~ „ n (1/95) ~ pACORDCORPORATION .: . Teal Building & Constructicm, Ltd Polley No.: t_HQ3E64657 .. _ . . .. ._.., . .. .. ._. ~~A. .. - - ___ _ .. . ., ....._ ,. .. .. l~ ~` V tZJ` '--~~~~ Authorised Represerrtative ;~ CERTIFICATE OF LIABILITY INSURANCE ~ = °A'~`M"I°°"'~"' 11 4 2009 PRODi/CER THIS CERTIFICATE 18 ISSUED AS A MATTER OF MFORMAT70N Bowen, Miclette & Britt Insurance Agency, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERT~ICATE D ~ C C D ~ 1111 North Loop West E p~,~ THE COV AFFOR D BY 7NE POL ICIE ERAGE .S BELO N. Suite 400 Houston TX 77008 INSURERS AFFORDING COVERAGE NAIL # INSURFA INSURERA- C n 9 Teal Building & Construction, Ltd / INSURERS:A r utua Insuran dba Teal Construction Company d INSURER C: omme ndu I s C 9410 1335 Brittmore Road ston TX 77043 Ho INSURER D: u INSURER E: /~A\rC~Af_•CQ mrT-rn I1MTfTTTJT/~TTTJ BTTTT]T]04T\UG. nDTJ[7TATTG+TV TQCTTL'T1 !`VDTT7?TP~aTTi TFIE POLICIES OF INSURANCE LISTED BELOW HAVE HEEN ISSUED TO THS iNS[3RBD NAMED ABOVE FOR TXE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCDMBNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY H8 ISSUED OR MAY P$RTAIN, THJ3 INSURANCE AFFORDED BY TH8 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THS S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGRBGATB LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY NUYBER POIJCY EFFECTIVE POLICY EXPIRATION UMTTS A oENeIALLIAea.ln CPP202492507 11/1/2009 11/1/2010 EACH OCCURRENCE S l 0 0 0 $ COMMERCIAL GENERAL LIABILITY / ~ noa i 0 CLAIMS MADE ©OCCUR _ v MED EXP ane raon} S PERSONAL 8 ADV wJURY S 1 O O GENERAL AGGREGATE 5 2 O O O GEN'L AGGREGATE L91tfr APPLIES PER: PRODUCTS - COMP70P AGG b 0 0 0 O POLICY PRO- LOC B wurolloBlLEUpewrY / V CA20249260502 11/1/2009 11/1/2010 coMewEDSINGLEI.IMIr ooo aoo s 1 x ANY AUTO c~3 , , ~ qLL OWNED AUT05 RY e w ~ R SCHEDULED AUTOS sa n) P ( x HIRED AUTOS BODILY INJURY X NON-0WNED AUTOS (per ~} S PROPERTY DAMAGE {Per eccideM) $ . GARAGE LIpgILRY AUTO ONLY - EA ACCIDENT S ANYAUro oTHERTHAN taaCC s AUTO ONLY: pGG S C' EXCESS I UMBTtELLA LU161LITY T4 8 9119 9 11 / 1 / 2 0 0 9 11 / 1 / 2 010 EACH OCCURRENCE : 0 0 0 X OCCUR ~ CLAIMS MADE / ~~~TE b 5 0 0 S DEDUCTIBLE S RETENitON S i A WORKERSCOMPENSA71°N 0202492405 11/1/2009 11/1/2010 X WCSTATU- UTH- AND EMPLOYERS' LIABILITY ANY PROPRIETORTPARTNERlEXECUTIVE ~ / E.L EACH ACCIDENT S . O OO O OFFICERIMEMHER EXCLUDED? (wndatory in NH) E.L. DISEASE - EA EMPLOYE S 0 0 0 K yes, describe Islder SPECIAL PROVISIONS below E.L DISEASE -POLICY LaATT S oTxEll DESCRIPTION OF OPERATIONS /LOCATIONS! VEHICLES! EXCWSIONS ADDED BY ENDORSEMENT! SPECWL PROVISIONS e: Parks Operation Maintenance Facility at West Guth Park Bond 2008, Pzoject No. 3385 en required by written contract, those Parties listed in said contract, including the certificate holder, the City of orpus Christi are added as an Additional Insured on all policies excluding Workers' Compensation and 8mployers' lability but limited to the operations of the Named Insured under said contract, and always subject to the policy erms, conditions and exclusions. f~C~TICIf+ATC Y(li 11FR CANCELLAT10Nt~Y..oTt ~ n llnv TTr~i-i nc fnr TJnYf Dat7ms~n t' -- - - - - - - -- - SHOULD ANY OF TH8 ABOVE DBSCRI88D POLICIES BS CANCELLED / BEFORE THB @LPIRATION DATE THEREOF, THE ISSUING INSURER r/ WILL ~aooooaoc~oc MAIL 3O DAY3 WRITTEN NOTICE TO THE City of Corpus Christi ; Department of CSRTIFICAT$ HOLDER NAMED TO THE LEFT, xxx ~ooooooc xx roc xx Engineering Services xxxxx x~oeooocxx ~oooacx~ooc xx ~°°°°°°tiv< xx ~°°` xx~c '°°°` xxx ~OO°Q°COC 7°°` 'O OOCX / Attn: Contract Administrator O i/ P.O. Box 9277 CQrpLIS Chr1St1 TX 78469 AUTHORIZEDREPRESENTA7IVE / -~ - - 'Y ACORD 25 t2flo8/oaj ®7858-Zpp9 ACDRa GORPURATIDN. AO rlgnts reserveo. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certficate holder is an ADDITIONAL INSURED, the policy{ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). g SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain polities may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurerjs), authorized representative or producer, and the certificate holder, nor does R affirmatively or negatively amend, extend or after the coverage afforded by the polices listed thereon. ACORD 25 tZt-os/u~) Teal Building 8~ Construction, Ltd. Policy No.: GPP202492507 'Ft lEi~[3C-RSEilIlE~ Cl~kN#:iES THE t?K~:1~Y. Pt.EA~E READ tT CAREi=I~L~Y. TEAS E/ G~NTFt~4C~`t3t~t'~ B#~N~~' ~~1`#t3~#~t~ fURE~ E1~~i~E~l~~' This rrtods ir3sure waif under tl~te ; ~ tut>=RC~u. ~ u~ ca~t~rr. Alt tY# tha farms., prwisiorts, exr~ioris, ~! ~mi`15 t~f fife coven fomt applyr ex~:ept as splly s be~+r. gE~i ~ - WFl~ i$ AN ~ ~ rbded to me ~ an in~ur~et any P~~ ar o~artir~6on, cailad add(tyor~i wed ire ittis serr+ent 1. ilV you airs ~. t~ aide art aid ~ on pb~oy trrtcler ~ ~ ~ E~' ~~+eerr>ert# #> yc~' lttei~ of . .. 2. T~ verigert ~_ or agr~m~ ~: ~ amt inst~d staffs #~ ~ tuna t : the t ~ t~ pmt e~i be ~ prior#,~ #~ ~ ~`~ 'may ~`~ "P ~J~', tx``ret~i~g injury' gNing rise to a o under this pmt. t#, ~. °y.C11Tt W~ft~' wes. cvmmei~rad unCtar 8 tamer' o~ it ~ tic ': submit ~ rd ~sab~ ~ #r txiihi€t ~ days from such cement t ~fi vdtt~se i oorerads tee tta rta ~ ~ instu~s, we provide adder status os d in #hle ~rrter+t. 3. ~ the ~~ irtsi ~ l4r~ iroi;. ttr ape is ate aft ~~: ~.. ~) A ~tijr of ~ir~ verge, niE~ts; °}~b~rss ~ ~e staff ~ insui+ l<d~ At't drgadizatiort otter tEtacr a Gam,. ~ flr'~: ~- 't!!, eve ~ a~ t~i~eGlcrs of'ttte a+ne sr~ . ~ot~toldere are adds insureds, b~ t,~yr wiith UEt their` ~ ~ sto~cftotder^6. ~s) A truck, ~u rare a[t inured. 1(our trusfe~ ~ ~s~a irttsuure~, ~# r~ fist their des ss trust~ses. The irrsiu~toe fact ~ the axlditior~ irrswed is ~mi~ect as fdtaa-~ 1. That person o1` ~aiiort ~ only art wigs ~' id ~ arising stiff cif: {a) tsrer~ses ynu oven, r+ertt, use, ar ocx~y, t+r Ibj Your ong ~~ Pe~rrrrert ~` mat ~ insured, urttess the written c~anfiract or went requires °your ~ for wordy fa fihe same ~ectj in' v~cfi da$ei the ~ ~ shalt extend to'~trr work' for #n# arm insured. i~r8rttiseB, as r+~Cts this provis+on, shaft irrctucie coinrrron or public areas about such P~ if so in vet contract or agreement. tflng©i~g n~rations, as respects this provision, does riot apply to "bod~r inj~Yb ~" "Pn?'P~Y ~" oocurrirtg after: (1.j /4i€ work including rnafJetiais, parts or equipment furN in cormar~n vdttr Stacti vvartc on the projecc~t (other then servit~, mainbertarrce or repairs} to be petfor~mect by or ort t~eltafl' O,f the additiortaEt insred(s) at tfie site t~f the rAVered ~ has been cpieted; or lrsludes copytighterk rir~tieriat of i~ Services E~oe, Inc., vvtdt its pettnission. Co~iyrigttt insclr-anc~e Services t~#ftcie, irrc.. 21102 CG y0 85r tJ3 tt4 Page '# of<2 Teal Building 8 Construction, Ltd Policy No.: CPP2Q2492507 t$~ '>'traf; ptrrt~n t3fi "yc>i~r w'ork` ouf flf vrhich tie injury or damage a ~ f3eer- pt~ to ils attended t,~8 by any peraor> or ~~ other #har> arq#her i~ttn3c~- or >~ er-~+ged ih ~if~ far a fxiir as. a p~f of the sa~rre ~ciject: 2. The limits ~ ~si+raiu~e Vie. to l~,e ~l triad are the of titi~se ~ in ~ d or agneerir~t 8r ih the o+edar~tioi~ for ~i$ Pow If ebc ~y a~ U~ pommy, and the vwitfett ar agr~ rar>~ that aide ins~d statues ado ~ st~h. teiiar y;. sfmi~. of ~ aafp~li~te tc~ t#~e ~ ~ ~~ be tiwse spep~e~ +~ ~ ans of this. po&y_ TThe lirrr#s of instrratx~e alb to tf~e add. inswed are irre ~f eRU! riot i~t adti do ~ litrrr"ts of ~sirrsr~ shoarn in the saws: ~. ~ ir>a sous ~ int. rtnt ~ tt>e erg ar terrr>tnatitin~ afi a presses Pease yr r ~ r~r be~rond the #~m of this Y. ~~ ~Y Pew oi` c~ar>izanurr wl5o is i~st urietar'tf-e t, tiF~is endors~l~.and who fs an' insured u the t~f~#fte t3~l~i~.. iiABfUTY ~JGT~!15 ~PiSIWNlE~F', dad. ~o-Qtis , s have' the [ of the te>~ms a~ the et~orserrter~.if terelies ~ eniiorse~ertt a~+e. ~: $. it' a written C~tiriti^act trr at~eerir+.ent ae nee abc~re e~ +ted. aim tie pe~fed ~Y tf,ie uae of ~ 20 7 Q 7185, the the t~s~ tif~tEtaf eri~+sr~me~. vr.>E~tt e~ m ~io~w, are ~~wrpoea~ iefa t eridcrrse as rasps sur:Fr adci irtfsu~d~ t~'~e e~ 8~ stirc~ ~ do riot t~et Vie. ott~wise prec! tyr Phis sntl~~ Tfiti. ~ - mss; ~,ti~s t~ ~of+rf~'r g~ This endorseriaierrt ~ lrts~ vided weir the ~k~urirrg: M~RC~4E, gam: t.~Y 1C8~#t3E P,~t'C: BCIifFiLE Marne. of Person tir` C)r;~artn: ittel Vylf~e : ~ ~Frit~: Contract or A9~ that tl~ ~erriss ~ ~. 2'~ irk 1.'1 85 apply. {lf r1a erery appears sbbvB, ~Crrin AElt~klir>BSl td carirpiete this ~i'19F-t Will b6 n i-! ~1B Ar~tlEi11& ~ ~@ lad ettd~s+err+errt,). WwIC) IS Afil i ~` REC {Seo~n irk ~ arAte>-rded ttr. irrchide as err ir>israex! the or or~n; sfa~wn ~ 8te elide, tart ardy wilt respect ~ +tY "yAli!` w~'k" ~r}T that etr+~d fay Or'fQr~ VC~~~ lnsurancae S Wi11415~ lrr~, {~90Y C+G ~0 tIF 1'i 8 T[r@ i~ prc~ride~d to 8re 8ddltiar>a{ ir~tuad does not .eppfy ~ ~` 'Y"`F "prciper#y daira-ge"~ "per~al. fnjul~-"y ~''~ ~J~y" aris~g ~ flf sit ~cMfecPs, ~'~ or s>arveyor's rendering of crr tme to girder .airy professicinal services inr~ding fwt ram ~rrdted td 7. The pnepreing. ap~ovit>2g. or failing to prefierre nor approver rigs, ttrmw~ir~~ opinions, , surifieys, change or~^s, din sper~nr~i~ end ~. Supervisory; iron, ar engineering services. ~,y ~ io errdor~rrent ~ eiaess oxeF any tic rid ~,ti ootrb~ ~ avail tQ the additiar+ai ~ whether prirrrary, excess, ~. ar cn a~ other eat writ~t oae~ cu agreement r~ir3es that the irtsexaric,r.l>e prfrr~ry, in vMhich arse thES Wince wIii tie prirrtary arm 'fwtiortt from such ofd insurance. availatalra #o the dal irred. A epre n-e Irrdudes copyiight~! material cif insurartt:e s t?f~e, lnc„ wiitr ifs faerrrrissioti. Copytigh# irrstire Services affic~, ~ 3 Gf3 Tt# t#5 8S 04 Page 2 of 2 r Vt.li~r ^ ~~/~~"Ri 3 CA20249260502 CQMiYtC~tL AU'r'© CA 7'1 +i~51~ tt7 '~"f EitiiSEii DES THE PUI.~(, PLi~igSE READ R t~kREfllLLY. ,( oES~~w-~o ~r~sur~a - r~~v covEanr~ -rigs ~~~ ~ ~~ ~, ~ au~~ss ~t~ro cove Tr-e groans cif the Cav~a~ s dta~ed by ~i~ e~~mer~t. 'i'ts endorsement persor~sy or ofgarri~at+or~s) avho a~+e `~€ed" seder t1~ V'Vt~o is Rrn insured Pro~sion of . phis +er~dorseme~t ~ii~tges poky ~n tip ~. cif the i« mess ~' date is si~rrti ~. ~+aot~mertt. E~ t vat /2009 '~~~9 ~ ind; t3vr~zr~a ~ coir~=ai~, tip . ~~~~ ~-7%~ ~~rized R+epresel3ve} f ~ rr~ay appeer above. tf so, ini~ar~+at~ti ~ c+Dn end~'~ent is ifi the ~ia~:) ~ it -- i.ii~r ~e,,4. C~,.1. Vltfio !~ Aa ire. is r ~ add: A~ Person cn ~ v~torrr you fiaye ~ ~~ ct~r+t' ~ rues: i. #hat P or ~aiao~ to tie a as ~ ~` t~cier i ~ ii. Otis i~ to #~ prry acid tin-ca~frt~t~t~r #~ ark rr~SUranc±e aerie io Pcl a' C~~n. Eafh s~dr ~. or org~rtizati~ is ari "tired" far iaa~iily fove~ge. They are ~ "find" tF fat person mr cugar-~zafion fs an'ins" in~de~- in SEC'!V ~I +~ the C~n~raye Faun. The. cotai'ract be~een tip hiamed ins~ed acrd the person. ar a~art#zat{on is art'~nsured car~ad". lncl~des copyrighted materiaf a~ insu~-nae ser~rices ()Ffice, is~c:, vw{h its permisswn. + A 71 ~ t0 47 irtsuratrace Services !off~e..1998~ Page 1 of 1