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HomeMy WebLinkAboutC2010-112 - 2/23/2010 - Approved2010-112 M2010-046 02/23/10 A & R Demolition S P E C I A L P R O V I S I O N S S P E C I F I CAT I O 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 MEMORIAL COLISEUM DEMOLITION PREPARED BY ~9'/O DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PROJECT N0:.810001 DRAWRVGNO B -754 (Revised 1/1/04) MEMORIAL COLISEUM DEMOLITION PROJECT NO. 10001 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 A-17 Field Office (NOT RBQIIIR$D) A-18 Schedule and Sequence of Construction n to r,.„,.~v..,.~:.... ~~-.,v,,,,.._-(NOT REQIIIRSD) 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(Revised 10/98) A-23 Inspection Required (Revised 7/5/00) A-24 Surety Bonds A-~-S Ba'__~~__ L'~_m^~': ~'~ (6/11/98) (NO LONGER APPLICABLE) 'r ----- A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's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 1~ 35 r, •.. rrt..{-.-. 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(NOT IISED) ~-"' ~i " 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 38 Ee~~i€ieate ~~ „^ "'' °' ", "~ ..p,}" (NOT IISBD) 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} A-45 As-Built Dimensions and Drawings (7/5/00) ~ 46 r~4.....,....,i _~ ,,.,..t,.~., ni..i^__. -r-~,a ,a^~__ i~~c~~n~ -(NOT USED) -r---'- - '-'__-1 "_"" _ ___ A-47 Pre-Construction Exploratory Excavations (7/5/00) A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) Attachment I Project Sign (Sample) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 013300 Submittal Procedures 013400 Shop Drawings, Product Data, And Samples 020600 Building Demolition 021040 Site Grading 021080 Removing Abandoned Structures 022020 Excavation and Backfill for Utilities & Sewers 022100 Select Material 025414 Aggregate for Surface Treatment and Seal Coats 025416 Seal Coat 026214 Grouting Abandoned Utility Lines 026402 Waterlines 026602 Sanitary Sewer Force Mains 027205 Fiberglass Manholes 028040 Erosion Control by Sodding. 041000 Mortar And Masonry Grout 061140 Wood Blocking And Curbing 070020 Asbestos Removal 071100 Sheet Membrane Waterproofing 072130 Batt Insulation 076200 Sheet Metal Flashing And Trim 079000 Joint Sealers 092600 Gypsum Board Systems 099000 Painting PART T - TECHNICAL SPECIFICATIONS 010100 General Construction Requirements 026216 Wastewater Forcemain Bypassing Requirements Specifications for Asbestos Removal at the Corpus Christi Memorial Coliseum Prepared by ENVIROTEST, LTD. APPENDIX Asbestos Inspection Report LIST OF DRAWINGS 1. Title Sheet 2. General Notes 3'. Existing Utilities 4-8 Standard Water Details 9-13 Standard Sanitary Sewer Details Attachment: Original as build construction plans of the City Auditorium (Memorial Coliseum) for reference Purposes only. NOTICE AGREEMENT PROPOSAL/DISCLOSUR.E STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: MEMORIAL COLISEUM DEMOLITION, Project No. 510001 This project consists of demolition of the existing Memorial Coliseum and adjacent structures. The demo work consists of, but not limited to the removal and proper disposal of foundations, concrete bleachers, walls, electrical, plumbing, and HVAC. Removal and proper disposal of Asbestos Contained Hazardous Materials at the locations indicated in the attached Asbestos Inspection Report. The project also includes final backfill and sodding, with all work complete and in accordance with the plans, specifications, and contract documents; Will be received at the office of the City Secretary until 2:00 PM on Wednesday, February 3, 2010 and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for, beginning at 10:00 AM, on Wednesday, January 27, 2010 at the Engineering Services Conference Room, 3=d Floor City Hall, 1201 Leopard Street, Corpus Christi, Texas. The pre-bid meeting will be conducted by City staff and Project Engineer will be available for questions and answers. A site visit will follow the pre-bid meeting. 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 ao/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 ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANC$ COVSRA6E 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates P8R OCCURRBNCB / AGGRSGAT}3 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 EMPLOYE'RS' 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 environmental impact for the disposal of NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED Page 1 of 2 ^The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The acme 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 nay 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 REQUIREMENTS Page 1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (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 from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7} Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 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 as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of 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 beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the. contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each. other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic 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; (b) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (~} 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 the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;. (G} notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of 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. (~ 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 verify 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 .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in ,¢406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodlbeverage vendors, off ce supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section" 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. " C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 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 note 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 Yi~orkers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how. a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (S) retain all required cert~cates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-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 these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS MDSMORIAL COLISSIIM DEMOLITIN SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting 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, February 3, 2010. Proposals mailed should be addressed in the following manner: ^='--• ~~ ^~~••~ ^'^^^^~'-~ City Secretary's Office .-_i _- ___r ~_ _____~_- Cit~-,Seere-taa~*' =---~F_=_ City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - MEMORIAL COLISEUM DEMOLITION PROJECT NO. 510001 A pre-bid meeting will be held on Wednesday, January 27, 2010 beginning at 10:00 a.m. The pre-bid meeting will convene at the Engineering Services Conference Room, 3rd Floor City Hall, 1201 Leopard Street, Corpus Christi, Texas and will be conducted by the City. A site visit will follow. 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 This project consists of demolition of the existing Memorial Coliseum and adjacent structures. The demo work consists of, but not limited to, the removal and proper disposal of foundations, concrete bleachers, walls, electrical, plumbing, and HVAC. Removal and proper disposal of Asbestos Contained Hazardous Materials at the locations indicated in the attached Asbestos Inspection Report. The project also includes final backfill and sodding, with all work complete and in accordance with the plans, specifications, and contract documents; A-4 Method of Award The bids will be evaluated based on the Total Base Sid, subject to available funding. 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. A-5 Items to be submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference MEMORIAL COLIS80M DEMOLITION, PROJECT NO. 510001) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement Section A - SP Page 1 of 21 (Revised 9/18/00) A-6 Time of Completion/Liquidated Damages The working .time for completion of the Project will be ~90 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 ~Torkers 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. Section A - SP Page 2 of 21 (Revised 9/18/00) A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy Construction and Building. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage. rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit one hundred dollars ($100.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of alI laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements. concerning the proper form and content of the payroll submittals.) One and one-half (1 1/2} times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty- eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System at 1-800-344-8377, the Lone Star Notification Company 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 Engineer,Jerry Shoemaker 826-3500 Consultant Traffic Engineer 826-3540 Police Department 882-1911 Water Department 826-1880 Wastewater Department 826-1818 Gas Department 885-6900 Storm Water Department 826-1881 Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1970 AEP 299-4833 SBC / A T & T 881-2511 Signal/Fiber Optic Locate 857-1946 Cablevision 857-5000 ACSI (Fiber Optic) 887-9200 CenturyTel 225/214-1169 ChoiceCom (Fiber Optic} 881-5767 CAPROCK (Fiber Optic) 512/935-0958 Brooks Fiber Optic (MAN) 972/753-4355 (826-3140 after hours) (826-3140 after hours) (885-6900 after hours) (826-3140 after hours) (361/693-9444 after hours) (1-800-824-4424, after hours) 857-1960 (857-5060 after hours) (Pager 800-724-3624 (225/229-3202 (M) (Pager 850-2981) (Mobile) Section A - SP Page 3 of 21 (Revised 9/18/0 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown or not 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. A~1 weather aeeess must beamed ~6-ir~~ 1'831~ei3t9-er~i~ bi~3~li2C.5-E~e9-6Y~ &~~ ~:..,,... a^----~ -----~----~-----. ~'~3e n....a.....,..a...,. dema~s~€ inelemen~~~~ The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. , . The contractor will be required to develop and submit for approval a traffic control plan for impacts to the adjacent streets. The play should be prepared and sealed by an engineer licensed to practice in the State of Texas. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are included as a bid item in the proposal form. _ A-14 Construction $quipmeat Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials while going to or from the construction area. The contractor shall have a street sweeper/vacuum truck available at all times during construction for sweeping the apron/runway and shall be used every time a convoy of dump trucks passes the area carrying the demolished concrete. Any debris that is generated within the Airport Operations Area (AOA} shall be cleaned immediately. Failure to comply with Section A - SP Page 4 of 21 (Revised 9/18/00) this requirement will be just cause to shut down all construction operations until such requirement is met. 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 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 alI other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor and taken to the Cefe Valenzuela Landfill. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. (Also, See SP-A50) A-17 Field Office (NOT REQUIRED) A-18 Schedule and Seaueace of Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) calendar 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 workday of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. Section A - SP Page 5 of 21 (Revised 9/18/00) A-19 Construction Staking (NOT R,SQIIIRED) i :c cica79s e9iscie~9 ~3~ ~e33e~3 33taic'~~C6 regt3}wed €9~• 3e~~~t3g~-a-•},3ic'6~ee~, ~~ 339$-~as~~sv'vrix e~3 t~3e drawinga, mill be-pre~i~ed~t~3e T•he-Ei~y-E33gi33ee~ ~i=~ €~r-333s~ tie Eer~tr~eter wit~3 all 1}33ee, slepes--a3~.d pii9s cv aco~a~~933 ~~, X33 tote 9$~33~933 6~ ~~3e , "s' ,..i „},.a ..i_ A-20 Testing and Certification All air moaitoriag (excluding OSHA personnel moaitoriag) required under this item must be conducted by licensed asbestos air moaitoriag technicians working under a Texas Department of Health certified Asbestos Consultant. The City of Corpus Christi, under a separate contract has retained ffivirotest, LTD. as their Asbestos Abatement Consultants for this project. All air monitoring and nay asbestos sampling required for this project shall be dose by ffivirotest, LTD personnel. The City will pay 8avirotest, LTD directly for their services. Envirotest will supply all labor, materials, equipment, transportation and supervision to perform the following: 1} Collection of background, area, personnel and clearance air samples for PCM analysis in compliance with government regulations and in accordance with general state-of-the art monitoring programs. 2) On-Site analysis of PCM air samples using NIOSH 7400 protocol, including on- site microscope, computer and printer. 3) On-site evaluation of work practices to assure that all applicable TDH, OSHA and EPA asbestos regulations are followed. 4) Maintenance of .a• daily log of activities, including daily containment check lists, visual inspection certificates and air monitoring results. 5) Completion of a final report consisting of statements of purpose, summaries, conclusions, recommendations, air anlysis reports, field logs and methodology. Section A - SP Page 6 of 21 (Revised 9/18/00) A-21 Project Sic~as The Contractor must furnish and install one Project sign as indicated on the following drawing. (Attachment I) 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. All work and materials required for providing project sign shall not be measured for pay but will be considered subsidiary to other work. A-22 Minority/Minority Business Enterprise 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 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 person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). Section A - SP Page 7 of 21 (Revised 9/18/t)D) 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. 3. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all .construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation {.Percent) 45 ~ 15 ~ 4 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 Section A - SP Page 8 of 21 (Revised 9/18/00) 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 2aspectioa Required (Revised 7/5/00) (NOT usSD) ..,a t.,. n; ... A-24 Surety Boads Paragraph two (2} of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds 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 Exemption (NO LONGER APPLICABLE) ~'c'c cx vxx a ro zi, scvc ^n~ccRig~~6~3 ~i~'6~v ~8~643, ~9 deleted X43 ~~9 end}re~~a~~13e r i ~ ~ i }~l~e-Ae~eeu~s~ f Texas . Section A - SP Page 9 of 21 (Revised 3/18/00) =f the Centraeter eleets te-ePeratee~-a-separated ee~traet, he--~z: 3. vAtarza c xc izcee9~~ai~'~=aales~a3~-pe~'lT1~1;9 ~~6~ ~~3e-~r~a~e n= •.•~-,•.••, , •,_ . Mr - Charges" }n the~~'epeeal fe~tt the ees~-~f-~a:terials~ys}eall~. ,.~-r..~^~°'' inte t-he-~e}ee~ . 3 . Prs~}d~reea:le _~rtif~.cc.tcc .~c _ ~.., . ^~^ [[11 , iv= cc== ORSG.7, azccsae, ai:a T3sc-`~a3ees ap~~~ea~~e to t~3~9 ~i~'e~eet eer~ifie~te ~.. ~. ^ .,,__,~ A-26 Supplemeatal Iasuraace Requiremeats 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: Section A - SP Page 10 of 21 (Revised 9/18/00} 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 (NOT IISBD) Par~agraph~~z~6eeer-al ~ie-b}li~~e#' 8ee~ier~~~ll of the Se~teral Prev~sie~ts-tee amended-te i~el~c~e-r ~re~-eel-er-wer-}~. Bnil~e~e' i~i~e~Ee~erage mast be any-111 Ris3e-~~ Cen~r~oter m~te~-paw-all Beets neeegsar~te-preettre stxeft $nilde~$~~ I~ae$ee Ee~e~age, tnel~td;i-n~-anttetihle . `£he E}t~m~tst be-s~a 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 the day-to-day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited Section A - SP Page 11 of 21 (Revised 9/18/00) to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural submittal process, federal and state wage rate requirements, and contract close-out procedures. 2. The foreman must have at least five (5) years recent experience in oversight and management of the work of various subcontractors and crafts. If the scope of the Project is such that a foreman is not required, the Contractor's superintendent shall assume the responsibilities of a foreman. Foreman cannot act as superintendent without prior written approval from the City. Documentation concerning these matters 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 or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section 8-3-1 Consideration of Contract add the following text: Within five (5) 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. 6. 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 Section A - SP Page 12 of 21 (Revised 9/18/00) 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 8-7- 13; 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. Documentation as required by Special Provision A-35-K, if applicable. 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 8xtra 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. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" 8-3-5 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 is Special Provision A-1. Section A - SP Page 13 of 21 (Revised 9/18/00) A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 Cit Water Facilities: S ecial Re iremeats (NOT IISED) t € i Pi -wa€ 3 -~aa Ei~ e~• f-tie}lit tine Ge ~r~e-terms ng ia er ermer e~ ~-a ~ y er- y; € t = -9rientat}en ~~'e ram V7~~~-fie L GxaGIIISeS 2S OSOS CG= TCGSICS Re Ge OGC e g ~ h h € ~~ h d d d ,.v~.....,.. }re ~,. ' " ' ~~,_~ = r' ~ am-s~e i- e - w e e a-ear- , an r s ~ -- --- - -- Tom. Co~rae-ter sh-all-„~ ~ta~•~, egerate, er s~ep•-a~~g t~~g~ mete~~~- eq~ip~e~rt-~w-ite~t, brea3 t €u ==i t t ~ ~er, ee~ttrel, e~e~~ier-=- eh items mast b ti Ali -s ,,. ....,, „~.,a ~.. n: a.., =-.- -------- -- ---1 e-,-,ted r ~n e e wu z= e - y-a ae~ ~ th th me. ~ le } nanee m ee e } d ~ j p € the-Git ~.'~t== ~e -ate~er-e er ae - 'r -- -.. ___ _ - -ate n e g y e~ se e y r l= t l d i t- s~ ~-ice •i tlie-re a3 ~• ~ ma e~ t •t •s an ege pmee e e a installatien aid-i~rs ee tie r~ p t}en a€- ~m , , s er-a-e et~ r~e~e~ a , p ~ e ~ g , ~ items, v~thi eh ee}t1dT_-=:::= is:te eentaet with~ etable vaate~•, mast -^~F~~ }~ -(-?f•P~s2-~i4sr~ -s-ta~c4ar~~l~s-dese~}bed }a tie- staeda~•d ,sgee i€ieat}ens: el t s = x m n d all t ts eleane~•-s lttb~• }eants•~ ~ ~t e= a s n e -mu e se , , . -t h d d f ~ d li i t The se items m st-act s, eea -eempet>n ea ~tgs, er ty rarx e equ pmen . ~x d t it i th it t-heri d-~it e~s b M=a eenel _ _~'-~,., e e nspec ems~re n e s e ee ~ g i ... --~ Section A - SP Page 14 of 21 (Revised 9/18/00) ~__ €~as~ genera€e~ ~~~~e fee€rae~er er his e~g~e~eee, ege~~s-ar ~ ~ ~ ~~ i ~ i~~ ~ '~ ~e~ree•€er ., ewe e a ~g ras da ~e s=~~ a=oda ~r,. ..,, ~ ~ i ~ i~~i r v..,,w _a=~_,_., re~te ~tee-a~ arees--~ ea-e-a a /Tl1ATTDT/'.m/~T] 1 L~ l1AT GITTE. T)D L'. T]T T]TTT!'1AT s ce~t~rae~er l s-pe~se~3e~ ~F!'Fks$ daea~ e6~6~'^'cc>-c'^:~€vr-~! e'uFei`urss 6~~te~' ~~lurr ere•~g~~l~xe, er~v€ti~e-~ae~t e~t~~e~ee~i€e~ mt~~~ Nr... i~~ ..,.~ :rte ~r ..~...~ a~-ie~i-~ri~a~ e~gie~ee ; a ~~ ~ ; ~ ; ,... ~ :.. . n. i~Fo~'~i~g ~e,~s~i~~~e-'~~8- i'~.~4. €e 5.9A ~-A ,,,1,.,~,~.... +.wr~ L'ri~' i j s ceixc=aezer tEltt9~ }}e~ lase a33'y-~"~~~€aei~i€~- ~'ee$-1'60Bt9 Ee~€ra~e€er mus-~ ~~'6iF~f-k ....-- - ---a.A,.... ~~--~ -~---- -i i ~~i~~::e~er--~e~a~€~ne~t€ e•~a€€. ~~~ C-ee~r~e€er ~e~}ekes ~t~s~ ~e ~, =~Y,.. - -i AT ~- m-.+-.+.- m t- iv . ~'-ccv clro TTCCCCx x rea~~e~-~~~ae~ . ~~~-~ei~'9e~3~e~ FEk~#S~ €er req~}re~wer# er es---~~ree~e~ ~~--E}~~Wa€e~ ~e~ar€~-ee~ r===="'~ =' ,a, .. ,- , -~~ -~ ~ -___-_ J ___. j __ _ ____ . _ _ __ fie. cvrr~c,cuccvr ~rrcrxsxseuz:>:Ssis s~~--~~'~~~~~~b'8~~ ~'~~T`~'~~~ ~~-TViTS'rrrTx T\ /T/1TTT C Tm T/1AT \ € 2 € eee ~~ e€}~ l re~ re tt~ I ^'-^^~~ ~ „ / "' aS~ eeGS~SIO, .-I. e ~sll~~g, ~i3S a }erg, ~~ g J . J €~e ~ ~ ~ ~ i } ~e~ga ge -rr- s re~ a~ ~. ~- -a ~i ~ ~ €~e i € ~~ € ~ = = ~ e --- ~ees~re er-~ ~ s a~g e sus- eia s~ e~~s~ wa-t:e r-a~-eve: s-~ ewe-~e ~~~ e~ wer~ s~e~s e€ ee~ ara~~e~}ee~ ii ~ € e~ s ---- r - e ~ ~ ~ . e -~r er~ ~ ~e~~ae~~~ leas-~ €~ir ~~i~ } d-fe ~ i~ ~ ~ ee~a~ s ~as req~ re . ee~g e~ ~~ e e€ v,_ ....-...a cs... TS.. ~...,. ~ e~ }e $~3e ~ ~i ~ a a ,_,,,_,.:~ ~ ee~ ae ve ~eeg g ~ . -r,~rrQ~ ------ fe~~ leas€~r~ea~-s- ------- ~4 . ~Fe-e~t~~e~s a deg}e€ere~ ire€ess}eea~ ~g#~ee~, a ^~ =~r~i ° jT-s.~ems i~eer;-er ae ~;~ee~r}eat ~egieeer €e -st~$e~*ise == r==f_-~: '-'~_ ----- -~~=,v~- -~ --- -~------- ---- C V .-. , .. ~F.. l , .. ~. IIt. emPre~s-der-seed eat ~~~s ~re~-eel dais acre __________-j Section A - SP Page 15 of 21 (Revised 9/18/00) tr pe l ted €aet 1- eet~rse ix a i~in ~F, ,,...v. ~,~ a ? mg e ttr~r •--~~+ae~ s imgle~tee.~i~g--t€ie epee}€ie ee~tpt~ €er the Ce~r~et . F; ti i t i ~ € • g ters, ~~`H81~s, a~~ -sta€€ed aed }} ~ _ __ - ~ -- ---~ -se€t~aare r==r===a i d ~ i . e ~tta ~ ns a-germaaee a u , les-e€ € €ae}lit ithi 48$- - t~ ~ ~Pre~eelr ei€e te egtr pge -~e-r s _c ~ai~ t- i w y n ~ . - .. c l}h ti t ~ .._M_ ..,.,.; F==" - ' ' = r a n, , = = e a r~ gregra~-- e an i ~j- h i =1 € i~ e t == -- --- r ---- -- - - - f }eh } -€h - -- == ==- d t € ~pme~ e-$ a t~r~r ge t • w t e ~ -g~e ~e a - p~aetieal, a3.1 eq>:rip~ttent e€ a ene .F„,.,...v,.v 8 P r€ ~d } - t t€ -A Qiven type-va}11 8-teens Water gr be the-gr~dt~et-e€ eat-x~en~Pl t ~i r ie . . e~~e e~aaee . a b~ttae~-in e{r~iea~~g wh}eh-Ce the eew-wer-3~ €er~€r3e-Pr~e~-ee~t . 'th l 8 E ~ t ~ ll d ntraeter er strbe l €ille a~r - e~tr~aeter-~egram~s ' }tee a . e e r~e er--s ~a ~re r i d t th i -as h p ~teede~~re u regr~ng - }red t dd~h ~q~ re o s ew e~regr n~ -Cit ra- -8E t~ stem ti -e } t}n -fi q A£~ s stem Atr, , o a ese ?hed ; c ~ M~, y n sy s x s g e e -blse3~ of th i i d y . e which the-E~t -- -.- _ ..r.... 3r~ -~ -~ e regu ~regr~mm ~rg re ~~ t E'~~ -~ ~~~~ ~ l ~ t li~ee ~' w~t~3 a~~ y eq~r ee 2 h ~ a :..,. n 8 ~i-a~3 ie y i~ ~ i e~i 6 ~a~t~ti The attache the- r € e i c d sheet }e- apt e ges ~Fa ~_ a ---~ xam le a d } w g ~g tas - eg , p n s ne A-36 Other Submittals As a miaimum contractor shall provide, Safety Plaa, Traffic Coatrol Play aad Bypass Plan Submittals: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit six (6) copies of each submittal n?er req~}re~hy-the-~i~y-to the City Engineer or his designated representative. 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. Contractors 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. Section A - SP Page 16 of 21 {Revised 9/18/00) f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I 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. r 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT IISED) B-3-15-Arre~g~e~~a~~ar~z €er ,.,_~.... ,~.. add tfte `_='_'_=.._ .. „~_ 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 (NOT IISED) A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Section A - SP Page 17 of 21 (Revised 9/18/00) Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a workday and the Contractor will be compensated at the unit price indicated in the proposal. A-42 OSHA Rules & Regulations It is the responsibility of the Contractors} 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 6-21 "General Provisions and Requirements for Municipal Construction Contracts" Indemnification & Hold Harmless, text is deleted in its entirety and B- the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.}. This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location. (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. Section A - SP Page 18 of 21 (Revised 9/18/00) (3) "Nameplate" data on all installed equipment. (4} Deletions, additions, and changes to scope of work. E5} Any other changes made. A-46 Disposal of Highly Chloriaated water (7/5/00} (NOT USgD) ....~........... .......... ....~.. ~..7 ...tea........ «Y ........... a. v....., .,.y...,,......... ...,..... ...... -~..~...., .-~.., ....... ~... ..... ~..~ +r.. aeene}es in the dispesal-a€~ll~'xter t~se~i~ €he-p~ej-ee€ . Tate sd}a.ll be shitted ire---t3~e-Ci-tom€er apgreva~ . ~~ier-e s~~all be ate separate-~a~ €e~ sewer ...~=--- F,. a' r -~'- =F --==tom.-.---=~..,a --~'.=_ . ,. f., - -- -r- - - - A-47 Pre-Construction Exploratory Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20-feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300-feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300-feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair associated with exploratory excavations shall be paid for according to the established until price of pavement patching. Contractor shall provide alln survey work effort Eno separate pay} for exploratory excavations. A-48 Overhead Electrical Wires (x/5/00) Contractor shall comply with alI OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical 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. Section A - SP Page 19 of 21 (Revised 9/18/00) A-49 Amended "Maiateaance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B- 8-11 Maiatenaace Guaraaty, 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 Salvage Materials to be returned to the City of Corpus Christi A small section (approximately 18' long and 8' high) of one of the brick walls will be preserved and be returned to the City. In addition there will be some other. miscellaneous building components which the contractor will be asked to preserve. Section A - SP Page 20 of 21 (Revised 9/18/00) SUBMITTAL TRANSMITTAL FORM PROJECT: MEMORIAL COLISEUM DEMOLITION OWNER: CITY OF' CORPUS CHRISTI ENGINEER: CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP Page 21 of 21 (Revised 9/18/00) A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES ~ THIS AGREEMENT is entered into this 23RD day of FEBRUARY, 2010, 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 A & R Demolition termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $583,303.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: MEMORIAL COLISEUM DEMOLITION PROJECT NO.E10001 (TOTAL BASE BID: $583,303.00) 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 fob. 'rne ~onLrac-c 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. MEMORIAL COLISBU~d DEROLITION PROJECT NO. E10001 BASS BID PART A I II III IV V BID QTY UNIT PRICE TOTAL PRICE ITE d~ DESCRIPTION IN FIGURES IN FIGURES M UNITS DEMOLITION OF CONCRETE/MASONRY A.1 1 STRUCTURE INCLUDING FOUNDATION, L.S. ELECTRICAL, PLUMBING, HVAC, INTERIOR WALLS AND CONCRETE $ 100,000.00 $ 100,000.00 BLEACHERS WITH FINAL BACKFILLTNG, COMPLETE IN PLACE PER LUMP SUM. A.2 1 MOBILIZATION, DEMOBILIZATION, $ 52,000.00 $ 52,000.00 L S BONDS AND INSURANCE, SITE FENCING . . AND SWPPP, COMPLETE IN PLACE PER LUMP SUM. A.3 1 TRAFFIC CONTROL PLAN AND L S EXECUTION TO BE SUBMITTED AND . . APPROVED PRIOR TO INITIATION OF CONSTRUCTION, COMPLETE IN PLACE $_6.000.00 ~ 6.000.00 PER LUMP SUM. UTILITY ADJUSTMENTS (WATER, A 4 ~ WASTEWATER,STORMWATER),COMPLETE $ 45,000.00 $ 45,000.00 . . L IN PLACE PER LUMP SUM A.5 1 MANTATORY ALLOWANCE FOR $ 25.000.00 $ 25.000.00 UNANTICIPATED WORK / d SITE RESTORATION, TOPSOIL, $5.85 A.$ 14 SEEDING AND SODDING, COMPLETE AND f ~ IN PLACE PER SQ YARD 07 OJ S IRRIGATION SYSTEM COMPLETE AND IN $ 35,000.00 $ 35,000.00 A.7 1 PLACE PER LUMP SUM LANDSCAPE MAINTENANCE INCLUDING CUTTING, FERTILIZER, IRRIGATION $ 1,500.00 $ 9,000.00 A.8 ( AND WEED CONTROL, COMPLETE AND IN PLACE PER MONTH 14 6~U TWO COURSE SEAL COAT OF EXISTING $ 3,66 $ 0 A 9 , PARKING LOT WITHIN CONSTRUCTION . s•Y• SITE, COMPLETE IN PLACE PER SY ~3~ ~3/..a0 ~ ~ r TOTAL BASE BID PART A $ " ~'~ ~ ~~ ~L ~l M (ITEMS A.1 TO A.9) C~, Addendum No. 3 Attachment No. 4 REVI$$D PROPOSAL PORN Page 3 of 8 J?AGE 3 OF 8 BASE BID PART B - A3B8ST08 ABATLMBNT BID QTY ~ ASBESTOS CONTAINING MATERIAL UNIT PRICE IN TOTAL PRICE ITEM UNITS FIO~IRES IN FIGURES 85 HVAC Mastic; Hallway North of Stage and B.1 LF Northwest Dressing Room; Full Negative Pressure $ i . a 0 $ i o 2.0 0 Enclosure (NPE) or Glove Bag Method; PER LF OF 1' z 2' DUCTWORK 100 HVAC Mastic; 2nd Floor above Stage; Full Negative g.2 LF Pressure Enclosure (NPE) or Glove Bag Method; $ i . a 0 $ ~ z o . 0 0 PER LF OF 2' x 2' DUCTWORK 1500 HVAC Mastic; 2nd Floor Mechanical Room (East B.3 SF Side); Full Negative Pressure Enclosure (NPE} or $ 1.5 0 $ 2 , a s 0.0 0 Glove Bag Method, PER SF 6,200 Exterior Transits Wa11 Panels; East and West BA SF Exterior Soffit, Ceater of Roof; Open Air $ 1.10 $ 6 , s 2 0.0 0 {NESHAP Methods); PER SF 88,000 Asphaltic Tar Mastic; Main Coliseum Roof; Open Air 8.5 SF (NESHAP Methods); PER SF $ 1.6 0 s o o. 0 0 $ 14 0 , 450 Asphaltic Tar Mastic Flashing; Exterior Cooling B.6 SF Tower Parapet (Flashing); Open Air $ 1.6 0 $ 7 2 0 . o 0 (NESHAP Methods); PER SF ~fiED~ORIAL COLISLUDQ D15~oLTTION PROJECT NO. 810001 TOTAL BASE SID PART B $ 150,812.00 (ITEffi3 B.1 THRII 8.6) All asbestos materials must be removed, regardless of friability. Interior materials must be removed via a negative pressure containment utili$ing an attached wet decor and/or glove bag method. 8xterior materials can be removed open air, however, must be removed in a non- friable manner using wet methods. The contractor must certify and provide Documentation that the friable and non-friable asbestos are disposed at TCLQ authorised landfills. (The City's Cefe Valenzuela Landfill can only accept non-friable asbestos materials.) The total quantity of the asbestos-containing materials indicated above has been estimated by Bnvirotest for bidding purposes only. Final payment will be based oa actual quantities. ~~3~ 30,3= TOTAL BA3L BID-PART A + PART B $ 562 ~~'~~' Addendum No. 3 Attachment No. 4 RsVI88D PROPOSAL FORIa Page 4 of 8 PAGE 4 OF 8 ~MORIAL COLISEUM DEMOLITION PROJECT NO. 810001 ALTERNATE BID - SELECTIVE DEMOLITION Having examined the Place of Work and all matters referred to in the instructions to bidders and Contract Documents prepared by the City of Corpus Christi for this project, we, the under fined, hereby o 0 enter into a Contrast to perform e w e A a Bid, which work shall be the selective d in Section 42 41 19 of the technical spe i a one, ~ e for which shall be in lieu of the base bid (Part A SID {PLR ASOVL) $ 611,000.00 BID S[TMMARY sg3, 303 °~ TOTAL BASE SID (PART A + PART B) $ 5 ~ / d~G~%GdL( TOTAL ALTL~~*~a.~ ~dT '1 "" ~R'D~~ ~6~ ~ e e e e e ( S~L~CTIVB DEl60LITION} Addendum No. 3 Attachment IVO, 4 Pa$e Sof8 REVISED PROPOSAL PORM PAGE 5 OF 8 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 90 CALL~iDAR 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 Off' ORPII3 CBRI I By : 4 Gl ~, Juan Perales, Jr.,P.E. Assistant City Manager Engineering/Development Services AP AS TO -LE FO~ffi:- B `~ Y~ Asst. City Attorney ATTEST: (If Corporation) (Seal Below) (Note: If Person signing for corporation is not President, attach cope of authorisation to sign) ~~© ~~~ AUTNORi~ eY C-OUKCIL ~ ~ SECR~~T~ ~ By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR A ~ R Demo 'tion By: Title : ~~-~ 13201 FM 812 (Address) DEL VALLE, T% 78617 (City) (State)(ZIP) 512/243-2913 *__512/243-2990 (Phone) (Fax) The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 90 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` OF CORPUS CHRISTI City Secretary By: Juan Pi~rales, Jr.,P.E. Assista2~t City Manager Engineering/Development Services APPROVED AS TO LEGAL FORM: By: Asst. City Attorney '°~1'TEST EIf Corporation) 1 Be~~_, ,~= • (Note: I€ Person signing for ..corporation is not President, attach copy of authorization r,. - to sign) (Phone) (Fax) By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR A & R Demolition (Address) DEL VALLE, TR 78617 (City) (State)(ZIP) 512/243-2913 * 512/243-2990 By: Title: 13201 FM __812 P R O P O S A L F O R M F O R D~EMORIAL COLISEUM DL~![OLITION PROJECT NO. E10001 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Addendum No. 3 R~i/I$8D PROPOSAL BORDS Attachment No. ~{ PAGE i oa a Page 1 of 8 P R O P O S A L Place• Memorial Coliseum Demolition Date: 2/9/2010 Proposal of A & R Demolition , a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as A & R Demolition TOr The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: MEMORIAL COLISEUM DEMOLITION PROJECT NO. 810001 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: Addendum No. 3 RsvISFD PROPOSAL FOR16 Attachment No. 4 PAGE 2 OF 8 Page 2 of 8 MEMORIAL COLISEUId DEffiOLITION PROJECT NO. 510001 8ASE BID PART A I II III IV V BID Q~ UNIT PRICE TOTAL PRICE ITE ~ DESCRIPTION ~ FIGURES IN FIGURES M UNITS DEMOLITION OF CONCRETE/MASONRY A.1 1 STRUCTURE INCLUDING FOUNDATION, L.S. ELECTRICAL, PLUMBING, HVAC, INTERIOR WALLS AND CONCRETE $ 100,000.00 $ 100,000.00 BLEACHERS WITH FINAL BACKFILLING, COMPLETE IN PLACE PER LUMP SUM. A.2 1 MOBILIZATION, DEMOBILIZATION, $ 52,000.00 $ 52,000.00 L S BONDS AND INSURANCE, SITE FENCING . . AND 3WPPP, COMPLETE IN PLACE PER LUMP SUM. A.3 1 TRAFFIC CONTROL PLAN AND L S EXECUTION TO BE SUBMITTED AND . . APPROVED PRIOR TO INITIATION OF CONSTRUCTION, COMPLETE IN PLACE $_6.000.00 S 6.000.00 PER-LUMP SUM. UTILITY ADJUSTMENTS (WATER, A.4 3 WASTEWATER, STORMWATER),COMPLETE $ 45 000.00 $ 45 000.00 L . IN PLACE PER LUMP SUM , , A.5 1 MANTATORY ALLOWANCE FOR $ 25 00 $ 25.000.00 UNANTICIPATED WORK O SITE RESTORATION, TOPSOIL, $5.85 . A 6 1~ SEEDING AND 30DDING, COMPLETE AND . IN PLACE PER SQ YARD G 7 Of$~°O 1 IRRIGATION SYSTBM COMPLETE AND IN $ 35,000.00 $ 35,000.00 A.7 PLACE PER LUMP SUM LANDSCAPE MAINTBNANCE INCLUDING A 8 G CUTTING, FERTILIZER, IRRIGATION $ 1,500.00 $ 9,000.00 . AND WEED CONTROL, COMPLETE AND IN PLACE PER MONTH 14,600 TWO COURSE SEAL COAT OF EXISTING $ 3.66 $ 0 A 9 PARKING LOT WITHIN CONSTRUCTION . S•Y• SITE, COMPLETE IN PLACE PER SY ~.3~ ~~ i°~ TOTAL SASE HID PART A $ ~ ~~~ ~~ (ITEMS A.1 TO A.9) C~, Addendum No. 3 Attachment No. 4 REVISED PROPOSAL PORM Page 3 of 8 PAdE 3 OF 8 HA85 SID PART H - ASHSSTOS ABATSIdSNT BID QTY ~ ASBESTOS CONTAINING MATERIAL UNIT PRICE IN TOTAL PRICE ITEM UNITS FIGURES IN FIGURES 85 HVAC Mastic; Hallway North of Stage and g.1 LF Northwest Dressing Room; Full Negatfi-e Pressure $ Z . a 0 $ ~ 0 a . 0 0 Enclosure (NPE) or Glove Bab Method; PER LF OF 1' z 2' DUCTWORK 1~ HVAC Mastic; 2nd Floor above Stage; FuU Negative g~ LF Preasare Encloanre {NPE} or Glove Bag Method; $ 1.2 0 $ ~ 2 0.0 0 PER LF OF 2' z 2' DUCTWORK 1500 HVAC Mastic; 2nd Floor Mechanical Room (East g,3 SF Side); Full Negative Pressure Enclosure {NPE} or $ i • s o $ a , 2 5 0.0 0 Glove Bag Metliod, PER SF 6,200 Exterior Transits Wall Panels; East and West gq SF Exterior Sotlit, Center of Roof; Open Air $ 1.10 $ 6 , 82 0.0 0 (NESHAP Methods); PER SF 88,000 Asphaltic Tar Mastic; Main Coliseum Roof; Open Air B•5 3F (NESHAP Methods); PER SF $ 1.6 0 $ 14 0 , s o o . o 0 450 Asphaltic Tar Mastic Flashing; Exterior Cooling g.6 SF Tower Parapet (Flashing); Open Air $ 1.6 0 $ ~ 2 0.0 0 (NESHAP Methods); PER 5F ffiSMORIAL COLISSUEi DSffiOLITION PROJECT NO. 510001 TOTAL BASS SID PART B ~ 15 0 , 812.0 0 { ITSDIS 8.1 THRU 8.6 ) All asbestos materials must be removed, regardless of friability. Interior materials must be removed via a negative pressure containment utilising- an attached wet decon and/or glove bag method. Exterior materials can be removed open air, however, must be removed in a non- friable manner using wet methods. The contractor must certify and provide Documentation that the friable and non-friable asbestos are disposed at TCEQ authori$ed landfills. {The City's Cefe valensuela Landfill can only accept non-friable asbestos materiels.) The total quantity of the asbestos-containing materials indicated above has bean estimated by Snvirotest for bidding purposes only. Final payment will be based on actual quantities. ~~3, 303=~,~„~, TOTAL SASE sID-rAF.T A + PAST » $ 562 Addendum No. 3 Attachment No. 4 xsvI88D PROBOSAL FoR2a page 4 of 8 PAGE 4 OF $ N~ORIAL COLISRUM DBNOLITION PROJBCT 1Q0 . 810 0 01 ALTBRNATS SID - SSLSCTIVE DSMOLITION Having examined the Place of Work and all matters referred to in the instructions to bidders and Contract Documeats reparsd by t y of Corpus Christi for this project, ae, t e aLgaed offer to eater into a Contract to psrf h Alternate Bid, rvhiah aork shall be the se ea ive scribed in Section 02 41 19 of the teahaiaal ape a~ioae price for arhich shall be in lieu of the base bid {Part A a B) SID (PSR ABOVS) $ 611,000.00 BID SiJD~ARY S'g3, 303°' TOTAL BASS BID (PART A + PART B) $ 5 ~ / i~l~GG~ Of (SELECTIVE DEI[OLITIOM) Addegdum No. 3 P ttaclunent No. 4 ~ Sof8 RBVI$ED PROPOSAL POR![ PAOL 5 OF 8 The undersigned hereby declares that he has visited the site 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 (10) 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 Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firma participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Seta of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed} sets. Time of Completion: The undersigned agrees to complete the work within 90 Calendar days for the Haae Bad or 180 calendar days for the alternate bid 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, 2, 3, 4, 5 (SEAL - IF BIDDER IS a Corporation} Respectfull submitted.: Name: S~ephen Reveile ~~. f S ~E. {s=aNaTVRS} Address: 13201 FM 812 (P.O. Box) {Street} Del Valle, TX 78617 (City) {State} (zip) Telephone : 512-243-2913 NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) Addendum No. 3 Attachment No. 4 Page 6 of 8 REVISED PROPOSAL FORD PAGE 6 OF 8 ~~ _. ~ ~.~ ~ €~ K o ~~a`~ _ ,, ~~ F f .. i [ 4~ i..&J id *~~~~~ . ti, E m Executed in Four Original Counterparts Bond No.sb001000313 E R F O R M A N C E B O N D_ STATE OF TEXAS ~ FQiOW ALL BY THESE PRESENTS: COUNTY OF NUECES ~ THAT A 6 R Demolition of TRAVIS County, Texas, hereinafter called "Principal", and ullico Casualty COmDanv a corporation organized under the laws of the State of Delaware , 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 FIVE HUNDRED EIGHTY-THREE THOUSAND, THREE HUNDRED THREE AND NO/100 ($583,303.00) 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 23RD of FEBRUARY , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: MEMORIAL COLISEUM DEMOLITION PROJECT NO. E10001 (TOTAL BASE BID: $583,303.00) 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 5th day of March 20 10 PRINCIPAL A&R Demol t" n By: (Print Na e & Title) ATTEST SURETY The Resident Agent of the Surety in Nt=eces County, Texas, for delivery of notice and service of process is: ~~~~ Contact Person; AdaTress Keetch & Associates Mr. Mike Rhyne P.O. Box 3280 Corpus Christi, TX 78463 Phone Ntmtber: (361)883-3803 (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/081 Performance Bond Page 2 of 2 Ullico Casualty Company Executed in Four Original Counterparts Bond No.sb001000313 - _ .,~ -~ P A Y M E N T B O N D :~ ~ _ _ . _ . STATE OF TERA3 § IQ70W ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT A & R Demolition of TRAVIS County, Texas, hereinafter called "Principal", and Ullico Casualty Company , a corporation organized under the laws of the State of Delaware , 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 FIVE HUNDRED EIGHTY-THREE THOUSAND, THREE HUNDRED THREE AND NO/100($583,303.00) 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 I3 SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 23RD day FEBRUARY , 20.10 , a copy of which is hereto attached and made a part hereof, for the construction of: MEMORIAL COLISEUM DSi~DLITION PROJECT NO.E10001 (TOTAL BASE HID: $583,303.00) NON, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 5th day Of March 20 10 PRINCIPAL A$R Demo ' ' n By: ~L (Print ame ~ Title) TEST I (~ 1~~~ (Print Name & Title svR>~Tx Ullico Casualty Company 1625 Eye Stree shing~i, DC Attorney- Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Aq~G•y; Keetch & Associates Contact Person: Mr. Mike Rhyne Address: P.O. Box 3280 Corpus Christi, TX 78463 Phone Number: (361)883-3803 (NOTE: Date of Rayment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of Z ' Executed in Four Original Counterparts Bond No.sb001000313 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469-9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No.: Memorial Coliseum Demolition Project No. E10001 Surety Company: Ullico Casualty Company Ladies/Gentlemen: I, Jeremy Crawford, Attorney-In-Fact ,hereby certify that the facsimile power of attorney submitted by Jeremy Crawford for A&R Demolition a copy of which is attached to this certificate, is a true and correct copy of the originar power of attomey on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attomey, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469-9277 Signed this 5th day of March , 2010, Swom and subscribed t 2010. ~..a.e~ •...:~ o`tNe~'"'' MICHELLE ANN FERN ~`, ~ Notary Public-Minnesota +O~ ~;:;;~ ``My Commission Expires Jan 31, 2015 o before me on this Stn day of March , Notary Public State Of Minnesota My Commission Expires: January 31, 2015 (Revised 2/10) S8mAl@ FOrm Title: Attorney-In-Fact 2963 ULLICO Casualty Company 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: Michael Williams, Jeremy Crawford, William J. Nemec and Andrea J. Michael of C*C*I Surety, Inc., a Minnesota Corporation, Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $4,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Boazd of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Boazd of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this 5th day of March 20 10 L~ti~,~ s t t t rrrt~~,i `'~` SEAL`S ~~~ 1~7~ :$ ti SIDENT r~~~~'~W~~'.~S `~ Daniel Aronowitz '~i ~} ex President ULLICO Casualty Company, a Delawaze Corporation. /,i~t t t 1 ttti~'~ On this 5th day of March 20 lu ,before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. ..Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 aze true and correct and aze still in full force and effect. I do further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attomey the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 16a' day of July 2009. ~~- ~~.~ Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company Acknowledgment of Surety State of Minnesota County of Hennepin On this Sti' day of March, 2010 before me personally appeared Jeremy Crawford who acknowledged that he or she is the attorney in fact who is authorized to sign on behalf of Ullico Casualty Company (surety company), the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. :.... °``tlegp"'e MICHELLE ANN FERN ~.. . s Notary Public-Minnesota .,.~: My Commission Expires Jan 31, 2015 Notary Pu lic P A Y M E N T B O N D STATE OF TEXAS § HrTOW ALL BY THESE PRESENTS: COUNTY OF NUECES ~ THAT A & R Demolition of TRAVIS 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 FIVE HUNDRED EIGHTY-THREE THOUSAND, THREE HUNDRED THREE AND NO/100($583,303.00) 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 23RD day FEBRUARY 20 10 a copy of which is hereto attached and made a part hereof, for the construction of: MLMORrnr. COLISEUM DEMOLITION PROJECT NO.E10001 (TOTAL BASE BID: $583,303.00) __ 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) SURETY By: Attorney-in-fact (Print Name) _- ~.. -~~.~_, ~~,t ,off-:tie ~ ]feces C~s~~tY`, ' ,Tees, for delivery of notice and service of process--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 § I~TOW ALL BY THESE PRESENTS: COUNTY OF NUECES ~ THAT A & R Demolition of TRAVIS 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 FIVE HUNDRED EIGHTY-THREE THOUSAND, THREE HUNDRED THREE AND NO/100($583,303.00) 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 23RD of FEBRUARY 20 10 a copy of which is hereto attached and made a part hereof, for the construction of: MEMORIAL COLISEUM DEMOLITION PROJECT NO.E10001 (TOTAL BASE BID: $583,303.00) 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) ~"' ~ _ * ~~*_+t of tyre Surety in Nueces County, Tess, four c~l~very of notice and service of process is -` Agency: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 ~ CITY 01= CORPUS CHRISTI DISCILOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the folkwving information. Every question must be answered. Ifthe question is not applicable, answerwi~ "NA". FIRM NAME A& R Demo l i t i on _ STREET: 13 2 01 FM 812 Ci.~, Del Valle , TX ZIP: 7 8 617 FIRM is: 1. Corporation 2. Partnership X 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the Ctty of Corpus Christi having an "ownership interest" constituting 3°~ or more of the ownership in the above named "ffrm". Name Job Title and City Department (if known) i°~l~_ 2. Staff the names of each "official" of Ste City of Corysus Christi having an "ownership interest" constituting 3°/b or more of the ownership in the above named "firm". Name Title {~ O 3. State the names of each "board member" of tike City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership fn the above named "firm". Name Board, Commission or Committee ~'i~- 4. State the names of each empioyee or officer of a "consuitant" for the City of Corpus Christi who worked qn any matter related to the subject of this contract and has an "ownership interest" constituting 3°/6 or more of the ownership in the above named "firm". Name Consultant CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texe& as changes occur. _ Certifying Signature of Certifying Title: ~a ~ Date: 2/9/2010 Addendum No. 3 Attachment No. 4 Page 7 of 8 REVIBTsD PROPOSAL FOR~6 PAf3E 7 OF 8 DEFlNiT10NS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full o'r part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entitles operated in the form of sole proprietorship, as self-emplo~red person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Off'~cial". The Mar, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and ivision Heads and Murncipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable irrterest, whether actualry or constructively held, in a firm, including when such interest is held through an agent, trust, es~te or holding entity. "ConstructivelYheki" refers to holding or control es~biished through voting trusts, proxies or special terms of yen ure or partnership agreements. f. "Consultant'. Any person or firm,.such as engineers and architects, hired by the City of Corpus Christi for the purpose of professionat consultation and recommendation. Addendeun No, 3 Attachment No. 4 RSVISBD PROP08AL FOR16 Page 8 of 8 PAGL 8 OF 8 A~QBL~„ CERTIFICATE OF LIABILITY INSURANCE oiiisi2oi PRODUCER 512.338.1191 FAX 512.338.1196 Whorton Insurance Services 11200 ]oil it le Rd. Yw ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Austin, TX 78759 CIC, Guy Johnson INSURERS AFFORDING COVERAGE NAIC # INSURED Allstate Services, Ltd INSURER A: Liberty Surplus Insurrance Corp. DBA: A&R Demolition ~ INSURER B: Redland Insurance Company 13201 FM 812 INSURER C: Arch Specialty Insurance Del Valle, TX 78617 INSURER D: American Inter Ins (Amerisafe) INSURER E: Westchester Surplus Lines Ins . OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYpE OF INSURANCE POLICY NUMBER ~~ EFFECTNE POLICY EXPIRATION LIMITS GENERAL LIABILITY DGLDA212220028 10/04/2009 10/04/2010 EACH OCCURRENCE $ 1 ~ QQO ~ 00 X COMMERCIAL GENERAL LIABILITY ~ DAMAGE TO RENTED $ 50 ~ 00 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ Exclude A X $10 , 000 Ded . PERSONAL & ADV INJURY $ 1 ~ Q00 ~ 00 GENERAL AGGREGATE $ 2 ~ 000 ~ QQ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 ~ QQQ ~ QQ POLICY X JECT LOC AUT OMOBILE LIABILITY RICTX0002023 10/04/2009 10/04/2010 COMBINED SINGLE LIMIT $ ANY AUTO ~ (Ea acddent) 1,000,00 ALL OWNED AUTOS BODILY INJURY $ B X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (PeracddeM) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ~ ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY ULP003 5646-00 10/04/2009 10/04/2010 EACH OCCURRENCE $ 5 ,QQQ , QQ X OCCUR ~ CLAIMS MADE ~ AGGREGATE $ 5, 000, QQ C $ DEDUCTIBLE $ X RETENTION $ 1O , $ WORIGeRSCOMPENSATiONAND TVWCTX1825362009 06/07/2009 06/07/2010 X v~srnru- OTH- D EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $ ],,QQQ QQ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 1, QQQ , OO If yes, desaibe urMer SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 OQ 624093062001 10/04/2009 10/04/2010 $1 000 000 Per Occunence ontractors Pollution , , E Liability $2,000,000 Aggregate $5,000 Deductible DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS roject: Memorial Coliseum Demotition-Project No. E10001 he City of Corpus Christi is included on the general liability (see attached endorsements). The ~ ity of Corpus Christi is included as an additional insured for auto liability. A waiver of subrogation pplies in favor of City of Corpus Christi for workers compensation. The excess liability policy is ollowing form. CFRTIFICATF HOLDER CANCELLATION 8HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Corpus Christi Engineering Services / y 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn • Contract Administrator • BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LWBILITY BOX 9277 / P .O. OF ANY IiONO UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. Corpus Christi , TX 78469 N AUTHORIZED REPRESENTATNE ;~ ! • f ~ ; Jim Whorton GEJ "~sf~ ~~'~`~ ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the cert~cate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certficate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001!08) LSI. ~ Commercial Gene:aa Liability co~r~rtott Ma+,e~ d ttlrrw 7i+rm! dr+.q LIBERTY SURPLUS INSURANCE CORPORATION (el Neu l tunpstiire Stock Ineuranec G,enpa+>?•, heKinattcr thr'rti,mpant•") ENDORSEMENT N0.4 Effective Date: !0/4/2009 / Polity Number. UGLDA212220028 Issued To: rll)state Services. Ltd. dba A & R Detno6tlon THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --OWNERS, LESSES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION SCl-u.DULr•_ Name of Penott or Organizarion: As rryaicrd by written contract cigttrd by lxrrh parties prior te, any "occttmnce' in which eoverab~r is scwght under this ]xr$cl'. (if no entn- appears abewe, infunrwtion zeyuired t+r cnmpker this etnL,rsrmrnt will i,e sh+,.vn in the i~cclarape)ns as applicable a> this encletrsemrnt.) A. Section I I -Who is M Instued ie amrntlyd u, it)cludr as an inxutrti rhr prrsr rn r,r uruanixatu)n shown in the Schrdtilr, but only with respect to IiabiGn• arising out of your ottg+)ittg opezatu,ns prrfr,mxd 5)r that insturd. B. VCrirh rrsp~ to rhr inxueancr aff+,rdcd to these additiunai insureds, rhr fi,llutving rxclu::iun is added: 2.. Exclusions 'T'his insuranct: tktrs not appal n) "budity injurer" nz "property- tlat:tat;e" txctumtx after. (1) All vunrk, ittehtdittg trtatrrials, parts en eyttipment fttrnishrd in cemnectian kith stub work, +>n rhr project (utltrr than srreier, maintrnancr ur repait~) t~ be prtfi)zmrd by or un behalf trf the additi„nal insuted(s} at rhr site of rhr covrrc~I erprratiorts has been completed; t)r (2) 't'hat !w rrti+-n uF "~ otu work" +rut of which the injury ur damal,•e arises has brut put to its intenJrd use by any prrwrn err orlntnitatinn.rther than another contrachu or subcontractor et>}~alnxl in prrfi)eming t)]teradnns fire a pzituipal as a part of the sarnr lrr+,ject. CGL 1©37 11Q3 Consmercial General Liability LSL Corporatio» „edsvdue.,et wed ra.y LIBERTY SURPLUS INSURANCE CORPORATION {A tero• Hampachia tincck Insurance Cumpanp, hercirteCeey the "Cumpm}''~ ENDORSEMENT N0.3 Effective Data \ / IOJ4/2009 Policy Number: v DGLf?A212220028 Issued To: r111ctate Services, I,td. dba r1 & R Demolitinn THIS ENDORSEMENT CHANGES T1iE PQI.ICY. PLEASE READ IT CARfiI;i1LLY. ADDIT_ TONAL INSURED -OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS SCHEDUT.E Name of Person or Organization: rls rryuired by written euntract signed by ]x~th parties prior to any "occurrence' in which u~vexage ri sought under this policy. L,c»carion and Descaiption of Completed Operations: kx rcyuircd bg written contrast siRxred by Ix>th pattiex prior to any "cxcurrcnee" in which co~rrage is sought under then pult~}. Additional Premium (If nu entry appears shore, inf<trmarion reyuircd nt complete thi, crtdonement will bL xhown in the Declararuttts as applinbte to this nndcucerncnt.) Section ll - UVito is an Insured i. amrndecl o ~ itxtude as an inxured tlx perxnn ur or,,•anizarinn shown in the SehedulC, but ctrl} with reapeet i<t liability arising out of "your work" at ttte 1eKation desi}~tated arld drxeribed in the Schedule of this endursemrnr performed fctr that insurcel and included in the "pruduetc-ttnnplrtcd operations hoard". CGL 1038 [ 103 LSI. Cexpr-ratiun Commercial GeaeYal Liability x.~e..~tta~nraw~+G+.,~, LIBERTY SURPLUS INSURANCE CQRPORATION {A IVca.~ Flattpshin Stuctc tnsnranee fumpany, iK:reimNer the ~C:~+mpam~ ENDORSEMENT NO. 11 Effective Data: , / 10/4J20~9 Policy Iltumber. V UGLD 1212220026 Issued To: r\IlsrJte tiervices, Lni. dba A & R Demolirir,rt THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY. DESIGNATED CONSTRUCTION PROJECT{S} GENERAL AGGREGATE LIMIT SUBJECT TO A POLICY AGGREGATE LIMIT 5Ct•TEDUI.fi Designated Construction Project{s): ~ r111 GinstrttCti<rn Projects (If rn, cote}' aprrars above, infurrnarion craluirrd tcs annrlete this endorsement will ltr shrnva in the Declarati„rts ax aprlicablc to this cndorsemrat.) A. T'ru al) sutras which the insured becutttes legally obligated n. ray as damalrs caused by "nccurrcncrs" under C(1NERl-GE A (SECTION L), which can he attributed only to ottpuing crprratiorts at a single drsi}~+acrd ccrostructtarn rmject shows in the Schedule abcn•r: 1. :\ seruatr Designated Conatrnctum Antjcct Canna! :lggccyarr Litnir arrlirs a, each desi~tatrd c+msttt-etiem pccyacy sad stmt limit is ryual to the amnutu crf dtr General AggrcT,ate Limit shown st the Declarations. ' 2. The oveaU Pony Aggregate Limit uheduled in the Declarations ix the must we will pay for the sum of all Desi}~,ated G,nstrucaun Pmjecr Grncell Aggr~a limits. i 3. tiubject to the p+~Gry AT,gtrgatr Limit, the ihsil,.aatrd G,nsttuction Pre>jret General :\~rrgatr Limit is the tttnst we will pay &at the sum of all damages under Ct)~'FRAGE 1, except dantagrs because of "ix+dily injury" or "rn,retty damage" included in the `~rcxlucts-completed orerarutrrs hazarJ", regardless of the number af: ~ a. Insureds; b. Claiats made or "suit:" brought, or c. I'crs~,tu ur oc~rnizations rnakinl; clainix ur britt};in~; "cuitc'". ~/. t\ny payments made under CO\'ER.aGF_ ~ bar darnaKrs shall reduce the Designated Gtnstruction Project General A~,rclnte Limit Eor that designated cans-ructi+m project. Subject to the Pc>liry Aggrcgtte Limit, such pa}-mrnts sha0 nor reduce the General :\};Krr~tr Limit shown in rhr Drelaratir,as rw.r shall thrg rrtittcr any I ~cL 1011 olds Commercial Gene:al Liability LEI. corimratiott swaROrtawtaimt ~r other Drsitmatrd Canstrucriun Project Grnrrat :1~rryate Limit fair any athcr drstgnated entestructiun Pmjrcr stx~wtt in nc~ Schedule alxx r. 5. The !ic»its shown in rbe Drclarat«+ns fiu Each cttt:tlrrracr amtittue h. apply. Hcnvrvrr, instead of being subject to the Grnerai A~repatr Limit shown in the Declarations, such limits will be subject to the applicable Desq~ated Centctntetiun Project Grnertl Ay~rrKatr Limit and PuGry Ag~reKatr l.icnit_ 13. Itor all sumac which the insured 1>ruxttirs letrnlly vblil~ted rt+ pay as dam'tsec cauced try "c Kctttcrturs" under CC)~'H&1G)r r\ (Sl~rCTIOIV I), which cannot be attributed axsly to <rpeeratums at a sittfile desi}lnatrJ cnnstructitm preileet sh.wm in the Schedule aberve: t. Arm p:yrnents made wader COYLR~IGE ~ fiu dama};rs shalS redact thr unnunt available tuuler the Grarral Ag};aep,atr Limit air the Pnxiucrs-CotnPtrcrd Uprratic ens :1p,Rcel~ir Limit, wltichcwer is applicable; and ~. Such payments shall not reduce any f)rsignatrd Cunsttuetuctt Pn~ject General A~;rr}tan Limit. G When a)vrtaKr fi,r liability ae~cie>!; out of the "prudtnrs-ctnnpletrd oprcatiogs hazard" is pr. ~vulyd, any Payments fur damages because of "bodily injut~r' ur "pcoprrty damage" ineludtd in the "prcxiucts•cumpktcd operations hazard" wiU redact the Prcxlucts-G)tnPktrd C)przauirms d~,rrgatr Carnal, stnd At)t IrdueC the Grrnral cl}~rC~tC Limit, Desil,•nated G>nctructu)n Pncjrct General Ap~retpte Limit tx~r Poiicy ~,-rrgstr Limit. D. If the applicable desymated consrntctinn Pn>;ret has brett abandtraed, delayed, ur abandc)ned and then rrstartrd, c>r if the authorized cuntractin}; parties alr.~iatr from plans. blueprints, dcsigtts, specifications car timetables, the pnrject will still br deemed t<r br the same amstructhm pngret. E. The pa~a~isic»~.s of limits Of Insurance {SEt:'I'lOi\ Il[) txit otherwise modifrct b}• this endcetsrtttent shall cemtinue to apply as sripularrd. CC=l_ 1011 0103 LSI. ! corpn~ac=~ co:nmescial General Liability ~~rt~n,>,.r~l~.~ LIBERTY SURFEITS INSURANCE CORPORATION (~~ ~• 1•lamlr~3urc $oct l~uuruxc (:~anl+my, hercunCur the "tlnrpsm'~ ENDORSEMENT NO. 12 Eil'ective Dttte: 10/4/2009 Po4ey Number: DGLU:1212220628 Issued To: t\It4tare Serviers, Ltd. dba A & R Dem~~Gtiue THIS ENDORSEMENT CHANGES THE POLICY. PLEASE MEAD IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT To thr cstcnt that this insurance is affonlyd to am addia.~nal insutrd ceder the puGey, such isuutancr shalll apply as primsttg and ne,t eontributictp, with auy insuraner earrird by such sdditi~utal insurrtl, as rryuired by written contract. M~thinl; hrrnie comtainrd shall be held to wain, nary, alter to ratrnd any cutxlitum ur provision of tltr policy uthrr than av alxwc stated. CGI. E031 04()3 LSI. Corporation Comni<ercial GeaeYal Liabilitq .k,~~-~,,,,.~,~,4„ LIBERTY SURPLUS INSURANCE C~RP4RATION (A mew Nanpthlrr Sa~cl: lnsurante Company, Ncteina$cr iht'K:.mgwg•'~ ENDORSEMENT NO. 14 Effecrive Date: IOJ~/?009 Policy Number. llGLL~1~2122?0028 Issued To: Allstate tirrvices, LroL d6a A & R Detru~litinn THIS ENDORSEMENT' CHANGES T"HE POLICY. PLEASE READ IT CAREFULLY. WA[YER OF TRANSFER OF RIGHTS OF Rl;COVERY AGAINST OTHERS TO I1S It is hereby a)~a:rd that $cction I1', item 8.1'canxfu of Rights of Rtcr>very Alninst (~thrrs to Us, is ma ~diSrd as fi~lluws; SCHEDULE Name of Person or drgatuzation: As reyuire~l by writtrn a,ntract. (lf n., entry aI-pearx ab-rve, infi,rmatiun rcyuircal to axapltte this end~nsement will he sh~swn in the Declarations as appltcablr ro this enti~-rsrmrnt.) T7m'I'RANSFER t)F RIGI3Tti OF Rf:C(')E'GRl' AGrtiNST OTHERS Tt.'I Uti Qmdition (Section I\T - C~)xti[~IERCIAL GENERAL LIABELII'~' C()NUITI(lN5} is amenekzl by the aJdidrm of thr fi>Ilnwinl; l~~e waive any right of rtcncrry we may have ttgatns[ the prrsrm nr nrganiratinn sh-nvn in the tichedule abrne bessust ~,f payments wr tt:akr fi-t injury r-z darnale xri<ing nut of your nnguirtg openti~ms or "y cNtr work" dune undtr a contract with that prrs--n t-r utgu-izariun. Thu naivrr applirs only h- the persxm .-r .,rknnizatix-u sh~ax n in the tiChrdtdr aburr. CGL 1025 0103 REDLAND INSURANCE C'®MPANY' ADDITI®NAI. INSL.1RED ENDORSEMENT THIS ENDORSEA~NT, EFFECTIVE ON 10!04/2009 AT 12:01 A.M. STANDARD TIME, FORMS !, APART OF POLICY NUMBER RICTX0002023 OF THE REDLAND INSURANCE COMPANY ISSUED TO ALLSTATE SERVICES LTD IT IS UNDERSTOOD AND AGREED THAT THE FOLLOWING IS ADDED 11S AN ADDITIONAL INSURED HERELNDER BUT ONLY AS RESPECTS LIABILITY ARISII~tG OUT OF THE OPERATIONS OF THE NAMED INSURED, AND THAT THE INCLUSION OF SUCH ADDITIONAL INSURED SHALL NOT SERVE TO INCREASE / THE COMPANY'S LlIvIIT OF LIABILITY AS SPECIFIED IN THE DECLARATIONS OF b THIS POLICY. THIS ENDORSEA~NT APPLIES TO ADDITIONAL INSUREDS ADDED, AS REQUIRED BY WRITTEN CONTRACT, PRIOR TO THE OCCURRENCE OF ANY LOSSES. BLANKET AS REQ~tED BY «'RiTTEN C®NTRACT $100.00 FULLY EARNED FLAT CHARGE ADDLINS-B {06/00) ~'AI~'ER OF SLTB120GATION ENDO1tSEME1~IT THIS ENDORSEMENT, EFFECTIVE ON 10/04/2009 AT 12:01 A.AR. STANDARD TIIvIE, FORMS APART OF POLICY NUIvIBER RICTX0002023 OF THE REDLAND INSURANCE COIvIF'ANY ISSUED TO ALLSTATE SERVICES LTD IT IS AGREED THAT THE COI\~IPANY RECOGNIZES THE VALIDITY OF ANI' ~TAIVER OF SUBROGATION WHICH l~BGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH THE OPERATION OF ANY INSURED AL]TOMOBILE, IF SUCH WAVER WAS EXECUTED BY THE NAItiIED INSURED, AS REQUIRED BY ~~jRITTEN CONTRACT, IN WRITING PRIOR TO THE OCCURRENCE OF ANY LOSS. BLANKET AS REQUIRED BY w72ITTEN C®NTRACT 5100.00 FULL' EARNED FLAT CHARGE V~'AIVER-B (06-00} W©RKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A (Ed. 1-00} TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. 5chedute 1. { )Specific Waiver Name of person or organization {X) Blanket Waiver Any person ar organization for whom the. Named insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be ~ percent of the premium developed on payroll in connection with work performed for the above person{s) or organization(sjorising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it Is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching" clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 46/07/2005 at 12:01 A.M. standard time, forms a part of (Date) Endorsement No. Policy No. TVWCTX1625362009 of the American Interstate Ins. Co. of Texas - 27245 (Name of Insurance Carrier and NCCI Carrier Code) issued to ALLSTATE SERVICES, LTD RBA A & R DEMOLITION, INC Policy Effective 06/07/2009 to 06107!2010 (Date) Premium S WC420304A (Ed. 1-oa> Authorized (Insurance) Representative (2/25/ 010) Sylvia Arriaga - RE: Certificate of Insurance for A&R Demolition & Policy Endorsements not the intended recipient, you are hereby notified that any dissemination, distribution ,copying or other use of this communication is unauthorized and your receipt of such communication is unintended. If you have received this communication in error, please notify me by telephone at (361) 826-3611 and destroy the communication. »> Sylvia Arriaga 2/25/2010 9:06 AM »> Good morning - I forwarded the information you sent me to yesterday to Evelyn Page in Risk Management. She will review and let you and me know what is acceptable to meet the contract requirements. But just so you know, we are working with A8R Demolition on this project and it is on a very fast track. We have to get the contracts signed within the next several days and we can't do that without all the required documentation. We don't have much time and if we can't get the contract signed as soon as possible the contract could possibly be cancelled. A&R has been made aware of this possibility, so please do not delay in submitting the required documentation. Thanks for your help. Sylvia Arriaga, Contract Administrator City of Corpus Christi Engineering 1201 Leopard Street Corpus Christi, TX 78401 Ph: 361 /826-3530 Fx: 361 /826-3501 sylviaa@cctexas.com »> <GuyJ@WHORTONINS.com> 2/24/2010 3:51 PM »> Good Afternoon! Sylvia, would you please forward a copy of the policy endorsements we sent earlier to Evelyn Page for her review. On the endorsements we are at the mercy of the insurance companies for these, but I would tell we have several other 30 day notices on the policy. Meaning that couldn't can't cancel the policy for anyone without a 30 day notice. Any questions, please let us know. THANK YOU! Guy -----Original Message----- From: Sylvia Arriaga [mailto:SylviaA@cctexas.com] Sent: Wednesday, February 24, 2010 3:08 PM To: Guy Johnson (2/25/2010) Arriaga - RE: Certificate of Insurance for A&R Demolition & Policy Endorsements Cc: Courtney@ardemolition.com Subject: Re: Certificate of Insurance for A&R Demolition 8~ Policy Endorsements Thanks for your quick response on this project Guy and Courtney! Guy, we do require that the endorsement submittals also be signed by an authorized rep of the insurance agency. Would you please get them signed and re-send them to me. Also, when do you think we will receive the 30 day NOC endorsements? Thanks again. Sylvia Arriaga, Contract Administrator City of Corpus Christi Engineering 1201 Leopard Street Corpus Christi, TX 78401 Ph: 361 /826-3530 Fx: 361 /826-3501 sylviaa@cctexas.com »> <GuyJ@WHORTONINS.com> 2/24/2010 1:51 PM »> «Form Print 01 28PM.pdh> «A8~R Blkt A I & WOS Auto 10 0409.pdf» «A R GL A I Prim Aggr WOS 09 10.pdf» Good Afternoon! Sylvia, we are enclosing a copy of the above certificate and policy endorsements for your reference. We have requested the 30 day notices of cancellation from the insurance companies and will forward copies upon our receipt of the same. Any questions, please let us know. HAVE A GREAT DAY! Guy Johnson, CIC, ACSR Whorton/Round Rock Insurance Office: 512.372.2238 Fax: 512.338.1196 11200 Jollyvilte Road Austin, TX 78759 www.whortonins.com <http://www.whortonins.com/> GuyJ@whortonins.com <mailto:guyj@whortonins.com> Page (2/25/?010) Sylvia Arriaga - RE: Certificate of Insurance for A&R Demolition 8~ Policy Endorsements Page confidential information. If the recipient of this transmission is not the intended recipient, you are hereby notified that any dissemination, distribution ,copying or other use of this communication is unauthorized and your receipt of such communication is unintended. If you have received this communication in error, please notify me by telephone at (361) 826-3611 and destroy the communication. »> <GuyJ@WHORTONINS.com> 2/25/2010 10:05 AM »> Thank You! Evelyn, please send us the exact way you want the certificate to appear. In the information we received this was not referenced. We will be happy to revise the certificate to include the WC 8 add the follow form on the excess. As we have mentioned we have requested the 30 notices from the insurance companies and will forward upon our receipt (we do have a blanket 30 day on the WC which we will send). I will get this to you ASAP! Guy ---Original Message----- From: Evelyn Page [mailto:Evelyn@cctexas.com] Sent: Thursday, February 25, 2010 9:47 AM To: Sylvia Arriaga; Guy Johnson Cc: Courtney Stephenson; Jerry Shoemaker; Pete Anaya Subject: RE: Certificate of Insurance for A&R Demolition 8~ Policy Endorsements I have reviewed the certificate of insurance and policy endorsements forwarded thus far.../ didn't find a waiver of subrogation in favor of the City of Corpus Christi for the WC coverage. Also it is not indicated that the Excess/Umbrella coverage follows form over the primary liability limits. The 30 day cancellation endorsements are also needed. Evelyn Evelyn Page Risk Management Specialist Human Resources -Risk Management (361) 826-3611-- phone (361) 826-4555- fax evelyn@cctexas.com -Email HR Department Mission -PEOPLE HELPING PEOPLE SUCCEED We value Integrity, Professionalism, Quality Customer Service, Safety, Teamwork and Wellness City of Corpus Christi -Risk Management P. O. Box 9277 Corpus Christi, TX 78469 This email•transmission is intended only for the use of the individual or entity named above and may contain legally privileged or other confidential information. If the recipient of this transmission is (2/25/2010) Sylvia Arriaga - RE: Certificate of Insurance for A8~R Demolition & Policy Endorsements Page From: <GuyJ@WHORTONINS.com> To: <Evelyn@cctexas.com> CC: <sylviaa(a,~cctexas.com> Date: 2/25/2010 11:02 AM Subject: RE: Certificate of Insurance for A&R Demolition & Policy Endorsements Attachments: Memo Style.pdf; Print _06'19151901_001.pdf; Form Print 10_31AM.pdf Good Morning Again! Evelyn/Sylvia, we are enclosing the revised certificate for your reference. We are also enclosing a copy of the waiver of subrogation for the workers compensation policy. We do have a 30 notice of cancellation on the workers compensation policy, but didn't find it on the policy 8~ requested a copy (see attached email). Any questions, please let us know. THANK YOU! HAVE A GREAT DAY! Guy ----Original Message---- From: Evelyn Page [mailto:Evelyn@cctexas.com) Sent: Thursday, February 25, 2010 10:17 AM To: Guy Johnson Cc: Sylvia Arriaga Subject: RE: Certificate of Insurance for A&R Demolition & Policy Endorsements Mr Johnson Please add the language that the excess liability follows form and the waiver of subrogation in favor the city on the certificate in the section above the certificate holder (in the description of operations/locations/etc). Will need the endorsement for the waiver of subro on the WC; as well as the 30 day notice of cancellation endorsements for all policies. Thanks Evelyn Evelyn Page Risk Management Specialist Human Resources -Risk Management (361) 826-3611-- phone (361) 826-4555- fax evelyn@cctexas.com -Email HR Department Mission -PEOPLE HELPING PEOPLE SUCCEED We value Integrity, Professionalism, Quality Customer Service, Safety, Teamwork and Wellness City of Corpus Christi -Risk Management P. O. Box 9277 Corpus Christi, TX 78469 This email transmission is intended only for the use of the individual or entity named above and may contain legally privileged or other