Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C2010-215 - 5/11/2010 - Approved
~oxa-Zxs M~oxa-ia~ o5~xx,~xo Progressive Structures S P E C I A L P R O V I S I O N S S P E C I F I C A T 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 HEB Pool Complex Replacement 615 N. EJpper Broadway Suite 1250 Carpus Christi, TX 78477-0050 T: 361 884-3295 F: 3b 1 884329$ orchllecls 8 a,dalas ~~ www.clkarch.com FOR ~/~~'l~[D CITY OF CORPUS CHRISTI, TEXAS i ~ ~~' Phone: 361/826-3461 ~' ~~ _~~ AND ~IEPARTNIENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTT, TEXAS Phone: 36I/850-3500 ~cax: 361/$80--3501 PROJECT NO: 339Q RRCORD DRAWING NO:PBG-745 ., (Revised 7/5/00} ,_ l+ HEB Pool Complex Replacement PROJECT 3390 CORPUS CHRISTI, TEXAS Table of Contents NOTICE TO BIDDERS (Revised 7/5/00} NOTICE TO CONTRACTORS - A (Revised- March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B {Revised 7/5/00) ,1 Worker's Compensation Coverage ~'or Building or Construction Projects. For Government Entities PART A - SPECIAL PROVISIONS . A-1 Time and Place of Receiving Proposals/Pre-Sid Meeting T A-2 Definitions and Abbreviations A-3 k~escription of Project A-4 Method of Award A-5 Items to be Submitted with Proposal ~ A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage ~ A-B Faxed Proposals A-9 Acknowledgment of Addenda ~ A-10 Wage Rates {Revised 7/5/00) I A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control ri A-14 Construction Equipment Spillage and Tracking ~ A-15 Excavation and Removals A-16 Disposal/Salvage o,f Materials A 1~ ~'~el•d---Of€•ree~(Not Used) A-18 Schedule and Sequence of Construction SS A-19 Construction Staking A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised 7/5/40) A-24 Surety Bonds {NO LONGER APPLICABLE) (6/].1/98} A-26 Supplemental Insurance Requirements _ A--27 Respons9.bz.lzty £or Damage Claims _ A--28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements ,~ A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work. A-34 Precedence of Contract Documents • (Not Used) A-36 Other Submittals (Revised 9/i8/00) A-3~-~tee~ed '---'A-r~~arrgeate~~-a~~-C-i3~r~~-€e~ T~ha~r ~'~rn~tihed-~- ~~,. =~_}1 F' (Not [Ised) A-3$ Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance ~' A-40 Amendment to Section B--8-5: Partial Estimates A-41 Ozone Advisory A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless {9/96) A-49 Change Orders {9/26/99) A-45 As-Built Dimensions and Drawings {7/5/00} A-~4{r-Bis~es~al--e~ ~ig~il~C~l~ri~~ed We•~er-~~ {Not F7sed) ~ n,...-._n.._,..~.~..,.a.: n_.,..7.. .. a......... r.....,~_..+-: r-i /c ~nnti (NOS C7SEd) A-9$ Overhead Electrical Wires.(7/5/flfl) A-99 Amended "Maintenance Guaranty" {8/24/40) A-50 Amended Prosecution and Progress Attachment I City Insert Bond 20Q8 Sign Exhibit PART B -- GENERAL PROVISIONS PART C _ FEDERAL WAGE RATES AND REQUIREMENTS PART S -- STANDARD SPECIFICATIONS DIVISION 0 -BIDDING AND CONTRACT REQUIREMENTS 00700 General Conditions of the Contract .............................................................1 A201 General Conditions of the Contract .................................................40 00800 Supplementary General Conditions ...........................................................14 DIVISION 1 -GENERAL REQUIREMENTS 01010 Summary of Work .......................................................................................4 01040 Mechanical and Electrical Coardination ......................................................3 01045 Cutting and Patching ....................................................................................4 01050 Field Engineering .................:.......................................................................2 Q1095 Definitions and Standards ..........................................................................14 01152 Applications for Payment ............................................................................4 01200 Pra~ect Meetings ..........................................................................................3 01205 Procedures and Controls .............................................................................. S 01340 Submittals .................................................................................................... S 01410 Testing Laboratory Services .....................................................................:23 01450 Windstorm Construction Requirements ......................................................2 01 S00 Construction Facilities & Temporary Controls . ............................................ $ 01600 Material and Equipment ...............................................................................4 01605 Product Options and Substitutions ...............................................................4 01700 Contract Closeout ........................................................... ........ ..........5 01710 Cleaning .......................................................................................................3 01720 Project Record Documents ...........: ..............................................................3 01730 Operating and Maintenance Data .....................................:..:........................4 01740 Warranties ....................................................................................................6 DIVISION 2 - SITEWORK 02120 Chainlirik Fence ...........................................................................................3 02590 Acrylic Cement Deck Coating .................................................................... .2 021020 Site Clearing and Stripping ....................................................................... .1 021040 Site Grading .............:..............................................................:....................1 021080 Removing Old Structures .. .......................................................................2 022020 Excavation and Backf 11 for Utilities and Sewers .....................................:..3 022022 Trench Safety far Excavations ........................:............................................ 1 022040 Street Excavatian.........: .................:............................................................. 2 022080 Embankment ...................................................................................... ...... 2 022100 Select Material ...................................... 1 ............... ................... .............. .... ... 022420 Silt Fence ..................................................................................................... 1 025205 Pavement Repair, Curb, Gutter, Sidewalk & Driveway Replacement ........ 2 025424 Hat Mix. Asphaltic Concrete Pavement (Class A) ....................................... S 025608 Inlets ................... ........ ........................................................................... 2 025610 Concrete Curb and Gutter ................ ...................................................... .... .. 2 025612 Concrete Sidewalks and Driveways .......................................................:..... 2 025614 Concrete Curb Ramps ......................:................................:.......................... 2 025802 Temporary Traffic Controls During Construction ....................................... 1 026406 Private Water Service Lines ......................................... ....:....................... 3 026409 Tapping Sleeves and Tapping Valves ...................................................:...... 1 027608 Private Sewer Services (for Residential & Camrnercial Application)......... 3 02$020 Seeding .......:....................................................................................... ...... 4 028040 Sodding ........................................................................................................ 2 DIVISION 3 --CONCRETE & REINFORCING STEEL 03200 Concrete Reinforcement ..............................................................................7 03300 Cast-in-Place Concrete ..............................................................................39 030020 Portland Cement Concrete .........................................................................12 032020 Reinforcing Steel .........................................................................................5 038000 Concrete Structures ............................................................... .................17 DIVISION 4 -MASONRY 04230 Reinforced Unit Masanry ............................................................................5 DIVISION 5 -METALS 05120 Structural Steel ......................... ................:..............................................14 05200 Steel Joists ..............:....................................................................................5 05310 .Steel Roof Deck ...........................................................................................6 DIVISION 6 -WOOD AND PLASTICS 06100 Rough Carpentry ..........................................................................................5 06200 Finish Carpentry ........................................................................................... S DNISION 7 -THERMAL AND MOISTURE PROTECTION 07218 Polyicynene Spray Insulation ............................................................ .......4 07600 Flashing and Sheet Metai ..:..........................................................................4 0?6-12 Metal Roof Panels and Wall Panels ...........................................................13 07920 Joint Sealers ..................................:...................................................:........10 DIVISION 8 -DOORS AND WINDOWS 0 S 100 Steel Doors and Frames ............................................................................ 10 0$330 Coiling Doors &Grilles .............................................................................. 4 08700 Finish Hardware ............ ...............:.........................................................11 08800 Glass and Glazing ...........................................................:............................6 DNISION 9 -FINISHES 09670 Clear Epoxy Coating ....................................................................................1 09900 Painting .................................................... ............................................... 4 DIVISION 10 -SPECIALTIES 1O1S0 Toilet Fartitions ...........................................................................................5 10210 .Extruded Aluminum Miami-Dade Approved Wind Driven Rain Resistant Louvers ..:............................................................................. S 10400 Signage ....................................................:....................:...............................3 1 OS20 Fire Protection Specialties ..........................................................................1 10800 .Toilet Accessories ....................................................................................... 1 DIVISION 11 - E UIPMENT NO WORK IN THIS SECTION DIVISION 12 -FURNISHINGS NO WORK IN THIS SECTION ~~ 1 ,._ DIVISION 13 -SPECIAL CONSTRUCTION 13130 Cable Supported & Fabric Structures ......................................:...................4 13150 Swimming Pools ......................................................... ........................... 52 13151 Pneumatically Applied Concrete ..........................:.................................... 11 13152 Cast-in-Place Concrete . .............. ....................................................... 20 13153 Swimming Pool Plaster. .....: ..................................................................... ..4 13154 Swimming Pool Tile .................................................................................. .. 7 13155 Water Slides ............................................................................................... 12 1315 S Water Sprayground ................................:................................................... .. 9 DIVISION 14 -CONVEYING SYSTEMS NO WORK IN THIS SECTION PART T - TECHNICAL SPECIFICATIONS ~ DIVISION 15 -MECHANICAL l " ~ 15050 Mechanical Specifications ................. 15400 Plumbing Specifications .................... DIVISION 16 -ELECTRICAL ..............................:..................... .3 16010 Electrical General Provisions ...........:...........................................................6 } 16060 Grounding .................................................................................................... S 16075. Electrical ldentification ............................................................................... .4 ~ 15123. Wire and Cable ........................................................................................... .6 1 b l 36 Raceways .................................................................:.................................. .9 16140 Wiring Devices .............................................................. .. . . 4 . . ... .................... . '~ '16441 Disconnect Switches ................................................................... ............ .3 ' 16442 Low Voltage Panel Boards ......................................................................... .7. .16445 Motor Controllers (Starter/Disconnect} ................................................... .... .3 16510 Luminaires ....................................................... . : 8 .. ..................................... .. . 16671 Transient Voltage Surge Suppression ............................................. ........ .7 16740 Telephone/Data System .....................:........................................................ .2 T 1-E20 Storm Water PaIlution Prevention ...............................................................9 T2-Fl 1 ,Polyvinyl Chloride Pipe &Fittings ........................................... ...............1 .... T2-G4 Polyvinyl Chloride Pressure Rated Pipe and Fittings ..................................2 T2-G14 Polyvinyl Chloride Pipe and Fittings for Sewer Lines .................................1 T2-Gl 5 Installation of PVC Sewer Pipe .................................................................10 T2~H1 Flexible Base {Limestone) ...........................................................................5 Geotechnical Testing Report ......... ........................................................2a Geotechnieal Testing Report -Supplement No. I .................................... I 1 J LIST OF DRAWINGS SHEET CONSULTANT NO: SHEET NO: SHEET TITLE O1' ~ 0.1 Title Sheet ~ ~ J ' CIVIL 01.1 C 1 General Notes and Testing Schedule } 02 I C2 Topographic Survey and Demolition Plan ' 03 C3 Paving and Grading Plan 04 C4 Concrete Jointing Plan ~ 45 C5 Standard Details Ob C6 Pollution Prevention Plan ~ ARCHITECTURAL 07 A0.0 Site Demolition Plan 08 A0.1 Site Plan 49 Al.l Floor Plan, RCP and Dimension Plan 10 A1.2 Renovation Plan 11 A2.1 Interior Elevations 12 A3.1 Exterior Elevations 13 A4.1 Building Sections 14 A4.2 Building Sections 1 S A4.3 Building Sections 16 AS.1 Schedules i 6.1 i A6.1 Finishes Plan . AQUATIC CONSULTANT 17 SP0.0 Pool Site Plan 18 SP1.0 Leisure Pool Plan and Sections 19 SP 1.1 Leisure Pool Details 20 SP1.2 Leisure Pool Details 21 SP1.3 Leisure Pool Details 22 SP2.0 Sprayground Plan and Details 23 SP2.1 Sprayground Details 24 SP2.2 Sprayground Details 25 SP3.0 Leisure Pool Location Point Schedule _ 26 SP3.1 Sprayground Location Point Schedule 27 SP4.0 Pool Suction Piping. Plan 28 SP4.1 Pool Return Piping Plan 29 SPS.O Pool Mechanical Room Plan and Sections 30 SP5.1 Balance Tank and Valve Boxes Plan and Sections 31 SP5.2 Pool Mechanical Details . 32 SP5.3 Pool Mechanical Details SHEET CONSULTANT NO: SHEET NO: SHEET TITLE 33 SP5.4 Pool Mechanical Details 34 SP5.5 Fool Mechanical Details 35 SP6.0 Pool Systems Schematic 36 SP6.1 Sprayground Systems Scherriatic STRUCTURAL {Pool) 37 S1 General Notes 38 S2 Pool Foundation Plan 39 S3 Spraygraund Foundatian Plan 40 S4 Foundation Details 41 SS Foundation Details 42 S6 Balance Tank Plans and Details 43 S7 Balance Tank Details STRUCTURAL {Building) 44 50.01 Structural General Notes 45 50.02 Structural General Notes 46 S 1.00 Foundation Plan 47 52.00 Low Raof Framing Plan 48 52.10 High Roof Framing Plan 49 53.00 CMU Wall Elevations 50 54.00 Typical Foundation Details 51 54.01 Typical Foundation Details 52 54.05 Foundation Details 53 54.0& Foundation Details 54 54.10 Typical CMU Details 55 54.15. Typical Raof Details 56 55.00 Brace Details 57 55.01 Brace Details 57.1 55.02 Foundation Details MECHANICAL 58 M1.1 Mechanical Floor Plan PLUMBING 59 P1.0 Plumbing Demolition Plan 60 P1.1 Plumbing Renovation Site Plan 61 P2.1 DWV & Water Floor Plan (New Building) 62 P3.1 Plumbing Schedules 63 P4.1 Plumbing Details ,~ ,l ~~ ~~ ,~ ~~ i i ,J ,l ~I, ,. ...1 } . 1 1 SHEET CONSULTANT No: SHEET NO: SHEET TITLE ELECTRICAL 64 DE1.1 Electrical Demolition Plan 6S E1.1 Electrical Site Plan 66 E2.1 Electrical Floor Plan 67 E3.1 Electrical Details 67.1 E4.1 Electrical Panel Schedules LANDSCAPING 68 L1 Landscaping Plan NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND ~!{ NOTICE TO BIDDERS YJ.~/ lei LCJiCI CSi: L:] J01~7LOJ:JC31 -•'-'-"- N4 ~v BiDnLRg Sealed proposals, addr8ssed tv ~,he City of Cvrpu~ Chr~,sti, Texas for: ~B Fool Complex Repl~-cement {Mond ~04~). Prv~act No. ~390t cons~.ats of Demo3.it~.on .of ex;i.sting swimming gaol and f~.atwork. Demol3.t~.an o,f ex~.st~.ng pump ravm and four~dat~.on. Conetruct~,vn of new swimming pvo~, with ~exo depth ent~.'Y. Construction Of new spray ground area. Cor~struvtxon of new. pump room, vend~,ngg area, party ro©m, & family bathroom with $la~~wer. Repairs tv existing sta:uctu.res and renovation of offyce sppatre.a is accordance with the plans, spscificat~,sans atfd cantxact. dvc:umen,ts; will be rece~.ved at the of~~,ce: {~f the Cityy Secretary vsat3.1 2:OQ .m. ~ on ~Pedaeoda Ma,rs~h 24. 2p10, a.~xd then. publ~,cly apened ~ rea y ~ b3. rece ~e a er c os~,ng 3me, wi].~. be retu.xx3ed unopened. A pre-bad meeting l,s scheduYe~. for ~.0; AO a.m. wadnasda ~x4h 17, ~ ~al~ and w~.ll be conducted by t]~e C y, a xa ~ o e mee s.yttg w~be the T~epaxtment of Rng~.~n~~ering Sarv3,cea Ma~.~ Conference Room, Th~.rd Floor, City Hall, z2a~. ~a~opa.rd Street, Corpuas Chr~.st~., TX. A b~.ri bond in the amount of ~~ of the hyghest amount bid must ~1 accomppany each proposax. F~ilure~ty provide th,e bid bond will con~+eitute a non-xeapvna~.ve p~cc~pQ$a~. which wild. eat be ooneidered. ' F~t~.lure to provide required ;~erfozma,nce and payment bonds far Contracts aver $25, ao~ . Ot} t~r3.13 . result ix't forfeiture of the ~~ bid bond to the City as liquidated. damages. Sidder~ s plan deposit is subs set to rnan+datvey farfeitur~ tv the City ~.f bidding documents -are ~~ not returia,ed to the City w3.thi.n. two weeks of rece~,pt of bide . P~.aris, proposal forme, specif~..cationa and contract documents may be ~ procured from the City Engine~x upon a deposit of Fift mad no 304 Dvl~.ars (~50.Qq) as a guarani=s+? of their xeturn ~n goo coxz ~,an. within two wee s of b~.d date , nocuments can be. obtained by ma3.1 upon rece~.pt of era. additional ~~LO.OOy wh,~,ch ~.s a non-refundable postage/handling charge . '' The bidder is hereby not3f~.ed ~1'~3t the owner has ascertained the wage rates which pre~rail in the 3.ac~+.~+.ity i~t urh~,cla this work i$ to be don® and that such wage s~ca3e i~ set out in the contract documex~t~ obtainable at the vffiae of ~x:e City Enga.meer and 1~he Contractor chall pay not legs th~.n the v~rar~® rates sa shown far each craft or type of "laborer, ~~ "wor]~usn, '~ ray ~~mBChanic"' employed on th3.s prc~~ect. The C~.ty reserves the right t<a reject any ox alb. b~.ds . to waive ~.rregu3.ara,ties and to accept tike bzd which, in the City's ~opir~ion, seems most advantageous to theme Gitx atad in the best intererst of the public. C~'~."Y OF C(SRpi7S C~R7STY , TEXAS ~~~ PLTg ~NA3t'A, P.S, Director of Engineering services '~ mss! Armando Chaps City secretary Reviaod ?j,~jnR i I 1 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS ~~ Revised March, 2©09 A Certificate of Insurance indicating proof of coverage in the ~ following amounts i.s required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notzce of Caacellatiou required on Bodily xn~uxy aad Property Damage all certiFicates PER OCCU'ItRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Col ].apse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractua3. Liability 7. Broad Farm Property Damage S. Independent Contractors 9. Personal Injury AUTOMO$TLE LIABILITY--OWNED NON-OPINED $1.,000,.000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COP+IPENSATION COMPENSATION ACT AND PARAGRAPH TI OF THIS EKHIBIT EMPLOYERS' LIABILITY $500,000 EKCESS LIABILITY $1.,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not la.mited to sudden ~ accidental ^ REQUIRED discharge; to include long-term environmental impact for the disposal of ® NOT REQUIRED contaminants BUILDERS' RISFC . See Section. B-6--1.I and Supplemental Insurance Requirements © .REQUIRED ^ NOT REQUIRED TNSTAI,TaATION FLOATER See Section B-6-1.1. and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED. Page 1 of 2 The City of Corpus Christi must be named as an additional iasuxed on all coverages except worker's compensation liability coverage. The name of tlxe .project must be listed under "description of operations" on each certificate of insurance. ~'or each' insurance .coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed ley the insurer, providing the City with thirty (3 p.} days pra,or 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 Yaterest" must be submitted with your proposal. Should you have any questions regarding insurance regnirezneats, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE Tp CONTRACTORS - B WORKER'S COMPENSATION INSURANCE ,, REQUIREMENTS i i 1 Page 1 of 1 X Texas Administrative Cade TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION QF WORKERS' COMPENSATION CHAPTER 1I.0 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §i>EO.I1.0 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. (Y) 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 agreerxzent} providing services on a project, for the duration ofthc 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 ar construction project by a governmental entity. {4} Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Cade, §401.011(44). (S} Coverage agreement--A written agreement on form TWCC-$1, form TWCC-82, form TWCC-$3, or form TWCC-$4, 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 nn the project has been completed and accepted by the governmental entity. {7) Persons providing services on the project ("subcontractor" in §406.094 ofthe 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 an 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 oat limited to providing, hauling, or delivering equipment or materials, or providing Tabor, 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 agreenn,ents have i been filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self-Insurance Regulation.. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other i civil actions. {c) A governmental entity that enters into a building or construction contract on a project shall: (Y}include in th.e bid specifications, all the provisions of paragraph (7) of this subsection, using the Ianguage 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 far each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (S} retain certificates of coverage on file for the duration of the project and for three years thereafter; - (6} provide a copy of the certif cafes of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the fallowing Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific docurr~ent in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 {d} A contractor shall: (I}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 arnaunts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work an the protect; (3') provide the governmental entity, prior to the end ofthe 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 far all persons providing services orr the project; and {B} no later than. seven days. after receipt by the contractor, a new certif cafe 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; {7) post a notice an 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 pasting. 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 l9 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 Gra hic (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 far 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 aII contracts to provide services on the project the language in subsection (e)(3) of tEtis section; Page 4 of l i • + i (D) provide the contractor, prior to theend of the coverage period, a new certificate of ~ coverage showing extension ofcoverage, if the coverage period shown on the current certificate ofcoverage 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 ofcoverage, prior to the other person beginning work ota-the project; and (ii) prior to the end of the coverage period, a new certif cote ofcoverage showing extension of the coverage period, if the coverage period shown on the current certificate ofcoverage 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; ` 1 (G) notify the governmental entity in writing by certified mail or persona! delivery, within ten days after the person knew or should have known, of any change that materiaily affects the provision ofcoverage of any person providing services on the project; and 1 (H} contractually require each other person with whom it contracts, to perform as required by subparagraphs (A}-(H) of this paragraph, with the certificate ofcoverage 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 ofthe i project based on proper reporting of classification codes and payroll amounts and fling 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 ofcoverage, 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 ofa self insured, with the commission`s Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (~) 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 ofcoverage, ifthe coverage period shown on the certificate of coverage ends during the duration of the project; (S) obtain from each person providing services on a project under contract to it, and provide as required by its contract: {A) a certificate ofcoverage, prior to the other person beginning work on the project; and {B} prior to the end of the coverage period, a new certificate ofcoverage showing extension of the coverage period, if the coverage period shown on the ourrent certificate ofcoverage ends during the duration of the project; Page 5 of 11 (6} retain all required certif cafes of coverage on file far the duration afthe project and far 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 whonn it contracts ta: {A) provide coverage based on proper reporting of classification codes and payroll amounts anal 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 certifcate 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 an the current certificate of coverage ends iiuring 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 ar 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 whorr~ it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If ariy 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 tat can be given effect without the invalid provision ar 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 goverrarnental entity on ar after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on ~r after September 1, 1994, which are not required by law to be advertised far bid. Page 6 of 11 _~ i 3 (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 wha provide accidental insurance coverage pursuant to Texas Civil Statutes, E Article 6b75c, §4{~). _~ (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and 3 corporate officers who meet the requirez~ents of the Act, §406.097{c), and who are explicitly excluded from ooverage in accordance with the Act, §406.097(a) (as added by Hause Bill 1089, 1 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, i 995, 20 TexReg 8609 Page7of1.1 T28S 1 ~ 0.110{d}(7} "REQUIRED WORKERS' COIVIPENSATZON COVERAGE" "The layv requires that each person tivorking 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 servfce related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-37$9 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, ar to report an employer's failure to provide coverage. " Page 8 of 11 i i T2 $ S 114.11 ~(e}(7} Article .Workers` Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate `)- A copy of a cert~cate of insurance, a certificate of authority to se f 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, far the dxration of the project. a 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 1 entity. Persons providing services on the project ("subcontractor" to X406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agYeements, 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 tv that person beginning work vn the project, so the governmental entity will have vn file certificates of coverage showing coverage for all persons providing services vn the project; and (2) no later than seven days after receipt by the contractor, a nev,~ 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. Page4~f11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail arpersonal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of caverage of any person providing services on the project. H. The coaztractar shall post on each project site a notice, in the text, form and manner prescribed by the Texas YYorkers `Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person nzay verb coverage and report lack of caverage. 1. 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, S`ectian 401.011(44} for all of its employees providing services on the project, for the duration of the project; (l) provide to the contractor, prior to that person beginning work on the project, a certifrcate 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 caverage, if the coverage period shown on the current cert~cate 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}anew certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period spawn 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 certifred mail or personal delivery, within 1 Q days a, f ler 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 caverage to be provided to the person far 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 an the project will be covered by workers' compensation coverage far the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all caverage agreements will be fried with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Page 10 of 11 i i' . i Insurance Regulation. Providing false or misleading information may subject the contractor to administrativep~nalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failacre to comply with any of these provisions is a breach of caretract 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 gavernrnental entity. Page I 1 of 11 PART A SPECIAL PROVISIONS HEB Pool Complex Replacement CITY PROJECT NO# 3390 -~ i i S$CTTON A - SPBCTAL PROVISIONS 1 A-~,_ Time and Place of Receiviac~ Froposals/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, } 12D1 Leopard Street, until 2:00 p.m., Wednesday, March 24, 2010. Proposals mailed should be addressed in the fallowing manner: City Secretary~s Office City of Corpus Christi 12D1 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL IdEB Pool Gam Iex Re lacemeIIt CITY PRO~TSCT NO. 33 9 0 Any proposals not physically in possession of the Gity Secretary's Office at the time and date of bid opening will be deemed-late and aoa-responsive. Late proposals will ~be returned unopened to the proposer. The pxoposer is solely responsible for delivery to the Ca.ty Secretary's Office. Delivery of nay proposal, by the pxoposer, their agent/representative, II.S, Mail or other delivery service, to any City address or office other thaza. the City Secretary's Office will be deemed naa-responsive if not in possession of ,the City Secretary's Office prior to the-date and time of bid opening. A pre-bid meeting will be held on Wednesday, March 17, 20].0, beginning at 10:00 AM. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City roll, 1201 Leopard Street, Carpus Christi,, TX. anal will include a discussion of the project elements. If requested, a site visit will follow. No additional ar separate visitatiazzs will be conducted by the City. A-2 Definitions and Abbreviations Section S-1 of the General Provisions will govern. A-3 Deacriptioa of Project Demolition of existing swimming pool and flatwork. Demolition of existing pump room and foundation. Construction of new swimming pool with zero depth entry. Construction of new spray ground area. Construction of new pump, room, vending area, party room, and family bathroom with shower. Repairs to existing structures and renovation of office space, all in accordance with plans specifications and contract documents. A-4 Method of Award The bids will be evaluated based on the following order of priorities, subject to the availability of funds. 1. Total Sage Sid, or 2. Total Base Bid Plus nay or all Additive Alternates &eCtion A - 8P (Revised k2/15/04} Page 1 of 22 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~ Hid Bond (Must reference HES Pao1 Co lex Re lacemeat PROJECT Na. 3394, as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State ox Natioaal Bank will also be acceptable.) 2. Disclosure of Interests Statement A- 6 Time of Cosnpletian/I~ic;uidated Damages The working time £or completion of the entire Project will be 324 caleadar days including any or all additive alternates if awarded. 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. Far 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, $144 per calendar day will be assessed against the Contractor as liquidated damages, Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Cam ensat~.oa Iasuranee Cavera e 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. SeCCfDA A - SP (Revised 12/15/04} Page 2 of 22 l % A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Prapasals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A- 9 Acknowledgment of Addenc3.a 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 Inwest responsible bidder. A-10 Wage Rates (1~evised 7/5/00) Labor preference .and wage rates for Build3xig & Heavy Coxistructian. Tn case of conflict, Contractor shall use higher wage rate. Miz~un Prevailing wage Scales The Coypus Christi City Council has deter.nr ;nad the general prevailing minim~an hourly wage rates for Nueces County, Terms as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, wvrknen, and mechanics employed by, them in the exscuticux of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, worlarian, or mechanic Toyed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, wor3~eaa, and mechaxics employed by them an connection with the Project and ~ the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll sutmittals to the City Engis~eer. The Contractor will also obtain copies of such certified payrolls fran all subcontractors and ethers workixag on the Project. These doc~maents will also be suk~nitted to the City ; n~~ bi-weekly. {See section for Misiority/Mfnarity Business Fntezprise Participation Policy far additional requirits concerning the proper form and content of the payroll submittals.) Cane and one-half (13~) 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-&, Working Hours.) ' A-il Coo~eratiam with Pdblic 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 T3ig Tess at 1-800-344-8377, the Lone Star Notification Cattpaxxy at ~- 800-669-8344, and the Uerizon Dig Alert, 1-800-483-&279. For the Contractors convex~ience, the following telephone rn~bers are listed.. City Engineer 826-3500 RVE F.nainr nr~ 887-8851. CLK Architects & Associates Inc. 884-3295 Traffic Engi nr~+ri *~ 826-3540 Police T?eepart<ttes~t 882-1911 Watex Department 826-1880 (826-3140 after hours) Wastewater Depaxtment 826-1818 (825-3140 after hours) Gas I)epart<[tealt 885-6900 (885-6900 after hours) 3ecCion A - SP (Revised 12/15/Q4? Page 3 of 22 Storm Water Department Parks & Recreation Dspsxl~ltent Streets & Solid Waste Services AEP S $ C/AT&T City Street Div. for Traffic Signal/Fiber Optic Locate Cablevision P.C:SI (Fiber Optic) KMC 4Fiber optic} Ck~oiceCom (Fiber Optic) CAPROCFC (Fiber optic) Breaks Fiber Optic (MAN) A-12 Maintenance of Services 826-1881 (826-3140 after hours} 826-3461 826-197D 299-4833 (693-9444 after hours) ,. 881-2511 (1-800-824-4424, after hours} 826-1946 826-1960- 857-5000 (857-6060 after hours} 887-9200 .(Pager 800-724-3624} 813-1124 (Pager 888-204-].679) 881-5767 (Pager 850-2981} 512/935-0956 (Mobile) 972-753-4355 ~'he 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 accurac and com leteness of such information is not a,ranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the. Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation. at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e, broken, cut, etc.), flaw must be maintained. Sewage or other liquid must be handled by the Contractor either by connectiazx into other sewers. or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not. be pumped, bailed or flumed.over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and, Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Carpus Christi's Uniform Barricading Standards and Practices as adapted by the City. Gopies of this document are available through the City's Traffic Engineering Department. The Seota.on A - SP (Resrxsed 12/],5/04) Page 4 of 22 Contractor shall secure the necessary permit from the City's Traffic Engineering Department. ~ All casts for traffic control are considered subsidiary; therefore, no direct j payment will be made to Contractor. A-14 Coastructioa Equipirtent Spillage sad Trackim~ The Contractor shall keep the adjoining streets free of tracked az~d/or spilled materials going to or from the construction area. Hand labor and/or mechanical. equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. ~ Streets and curb line must be cleaned at the end of the work day or more ~ frequently, if necessary, to prevent .material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. ~ A-15 Excavation az~.d 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 i3isposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 Field Office NOT IISSD A-18 Schedule and Sequence of Coastruatioa - The Contractor shall submit to the City Engineer a work plan based only on cai,~nrnAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3} working days prior to the pre-construction meeting. Section A - SP (Revised 12/15/04) Page 5 of 22 The plan must indicate the schedule of the following work items: L. Initial Schedule: Submit to the City Engineer three {3) days prior to the Pre-Construction Meeting an initial. Construction Progress Schedule far review. ,. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. . 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the Gity Engineer 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-].9 Coastxuctiva Pro-iect Layout cad Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer ~8 'hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or. Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contactor shall tie in or reference all. valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also; the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two {2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey {R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work: Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets- + All curb returns at point of tangency/point of circumference • Curb and gutter flow line - both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. section A - SP (Revised 12/15/fl4) Sage b o€ 22 ,~ Wastewater: • All rim/invert elevations a~ manholes; • All intersecting lines in manholes; j • Casing elevations (top of pipe and flow line) {TXDOT and RR permits}. ~:._1 Water: ~ • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipe and flow line) (TXBOT and RR permits). .~ Stormwater: • A11 rim/invert elevations at manholes; • All intersecting lines in manholes; ~ • Casing elevations (top of pipe and flow line) (TXDOT and RR permits}. 1 _9 11 A-20 'Testing and Certification I All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done .over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Project Sigus ' The Contractor must install 1 project sign, furnished by the City as indicated in "Attachment 3 - Bond 2008 Project Sign." The sign ,must be installed before construction begins and will be maintained throughout the Project period by the Contractor- The location of the sigzz wi11 be determined in the field by the City Engineer. A-22 Minority/Minority Business Enterprise Participatio3n Policy (Revised io/98) i ..,., , ,,., ...,_ _...., _ 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises. to 5 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 siich policy, the City has established goals, as stated herein, bath far minority and female participation by trade and for Minority Business ' Enterprise. 2. ~efinitians 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. Section A - SP iRevised 12/15/04) Page 7 of 22 c. Minoru Business Enter rise: A business enterprise that is owned and controlled by one or mare 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) Far 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 ar more minority person(s). {c) For an enterprise doing business as a corporation, at least 51.Oo 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). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0 or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Awned 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 mare women, or a corporation at Least 51.Oa of whose assets or,interests in the corporate shares are owned by one or more women. f. ~7oint 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 j oint venture. For example, a j oint 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, ar technical skills in the work to be performed by the joint venture. Sectioa A - SP (RevS.sed 12/15/04} Page a of 22 3. Goals a. The goals far 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 8usiuess 8aterprise (Percent) Participatiau {percent) 45 ~ 15 ~ b. These goals are applicable to all the construction work (regardless of federal participation} performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. i7pon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been. utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been, achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-28 Iaspactioa Required {Revised ~/s/0 o} The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various. intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section 8-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Aepartment, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Soads 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 (1.0%) of the Surety CompanyFs capital and surplus, the Surety Company shall. provide certification satisfactory to the section A - SP (~teviaed 12/15/04} Page 9 0~ 22 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 aray 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 ali 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 8xempt~.an (NOT IISSD) ~ee~is~--6~~---•~`~~-Bxemy~i~~-~~=aya~sien7-is deleted-=~-~e`e~~iret~~td ~~ , • , I l f , ~ise~xe~s-~reea ~e~-eer-t i•€~i~e:t e } ^ '^ ~ - .., ; A-26 sLt lemental Insurance Re 3.remeate For each insurance coverage provided in accordance with Section B-•6-].1 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: SeCtiox- ?a - SP (Revised 12/15/04) Page iD of 22 In the event of cancellation or zriaterial change that reduces or restricts the insurance afforded by this coverage part, each insurer ~ covenants to mail prior written notice of cancellation ar material ~ change to: - 1. AFame:City of Corpus Christi ~ Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Eox 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 caverage for all ~ employees of the Contractor employed on the Project described in the Contract. Far each insurance caverage 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 8-6-11 (a} of the Contract, the Contractor shall obtain an endorsement to this coverage stating: ' Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court casts and attorneys' fees, for or on account of any injury to any person, or any-death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have ~ arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or .employees or any person indemnified hereunder: A-27 Responsibility for Damage Claims Paragraph (a} General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide Builder's Risk insurance coverage for. the term of the Contract up to and including the date the City finally accepts the Project or work.- Builder's Risk coverage-must be an "Al1-Risk" form. Contractor must pay all costs necessary. to procure -such Builder's Risk insurance coverage, including any deductible. The City must be named additional insured on any. policies providing such insurance coverage. SBCtion A - SP (Revised 12/15/04? Page 11 of 22 A-28_Cansiderati.ons 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 sha11 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 EngineerFs request, signed and dated by the bidders owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Admmistratioa 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: 7.. The Superintendent must have at least five {5) years raceat experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. . The superintendent sha11 be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without .prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractar~s field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration, staff is a prerequisite to the City Bagiaeer's abligata.ozz to execate 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. Section A - SP (Revised 22/15/04} Page 22 of 22 ,'' A-30 Amended "Consideration of Contract" Re iremeats Under "General Provisions and Requirements for Municipal Construction Contracts" Section 8-3-1 Consideration of Contract a.dd 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 MSE. 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 wark 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 an the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to ~, beginning work on the Project: If the City engineer does not approve } all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project: Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section A-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 anal Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35~K, if applicable. Sect3ori A - SP (Revised 52/15/04) Page 53 of 22 10. Within five (5) days following bid opening, submit in letter farm, information identifying type of entity and state, i.e., Texas (or other state)- Corporation or Partnership, and name(s) and Title(s) of 1 individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Poli a¢~ Sxtra work and orders -? I Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 ~ , Poli on Extra Work and Chan a Orders the present tent is deleted and replaced with the , following: ; Contractor ac3mowledges that the City has for which a change order has not been Services or his designee. The Contractor may authorize change orders which do ~ acl~owledges.that any change orders in an be approved by the City Council. no obligation to pay for anry extra work signed by the Director of Rngineering also ac}mowledges that the City Engineer at exceed $25,000.00. The Contractor amount in excess of $25,000.00 must also A-32 Amended "~recutioa, of Co¢~traet" 'rests Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution. of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor Ytas 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 relata.ng to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry nut the provisions of this Contract. ,Contractor is reminded to attend the ire-Sid ~deetiacr referred to is ~aial prr,.ran;.,,, n_K A-3~ 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 Git Water Facilities: S ecial Re irementa (NOT F3SBD) r , Section A - SP {Revised 12/15/04) Page 14 of 22 ~~a-~•e.-~---~~~e~~~e~sa~ie~. 1~-~}si~a~,tC-e^~~e~e~-..- ~~e- A~~e~'t~~~e~-~~~-a~---~i'~'~-~e- -o~~e~e~~-ae~~e~i~e~er~~--:'e•~e~~ l 9 ~. ~~e~ee~~e~~€ ~I J -~~e~~3~ - ~-~~e~-e ~~a'~=~~e~~ ~e ~i ~~~e a~e~-s~a~'~-ese~=~}~a~~- i~m~ •~•~3~e~ee~ ~~~ ~a3.~~~-off' ~~re u~~e ~~ Fv~~~~ie a}~ ~: s-~ ~e~ l ~~•~ ~~e~=}a~ 'e-a~~eq~i~ee~ t~e~e~i~~~ e-~e~~'~. ~e~ ~e~w i~; ~~ _, ~ r '~'@~"3'L'~'~=~-~B TTY, ~s} ~ i ~~~~ ~'3 ' ~~~~'~ ~~ ~ ~ _ T.., ..L: 1-...1-~. /1. Q T.. I- ` l t a s i C SPGL 1v G l ~~ ir J ~ ~ /- ~~ri~~e~`~ b.~..uef L~ ,a~~~e. - $ae~-e~~e7-ee~~~e ~t~e~-- 3eation A - 3P (Reva.sed 12/15/44) Page 15 of 22 a- -~~~-~ee~~~e~~~ ~e3~~e~es r~tfe•~~e-~e~Ee~-a~-E~ee~~~g~~eE~e~~~e! as ~~}e~~ee-erg a~~ewea~-~i~i: ~~eve~s-T~Te~~e~-~'~ea~~~e•~~-~~•e~-~--•-~43:•~~ e~es~~~ee-~e~~E~~~Wa~e~ ~e~e~~[~te~ , .~..,,.:.. _.... ._ - _ --_-_ __-~- '--_ j 'l ~..~ .--_-~~. ~....~... ~.... ..... .~~~... v .~~~-r v ~vva~ I ! 1 ! ! r ! r ! ! e~~~~e~ 1 -a~~-•-~a~ ~ ~x~~ I e~•e~ ! s ~~ ~ ~ ~ = ~ ~~eeP-_r . _. F. _~ ~ ~.. , __., . e~ wa r~ s~eE ~ ••e -e~=e eq~~ ~eE~~• ~~~~erpa•~--~~e~ r a~r~ wae~e~aa~e ~~ - ~~ree~~fe~ ~tere~~ ~e~ a~ ~ •4 ire-e ~e s•--a -l ee:st 5~ea~e . ~a ~•~t-e~e~~~e ~'es ~ ~ ~ . ~ ~ < ~e~€e ~.e kae~ g ~~ re~~~~~ e e~a t~~s s~aee •... ng~ee ~~~~•eez:~e ~-~-~ ~•:- e~~~~•e•~ ~~E~ ~~•g~etRer~•~~ se€~~a~r-e-~r~~e~ ~~ ~~e • s~ee e~ €~-~~e re~ ~~~~e-ee r~e~- ~~~t~~e~-sr ...~T~3£-~ r-a~ •FiPKSt•7-pc-~.~0.1 ~~~ r F~ e.7__ 3...~..~e:. 7 ~Ie~---s~e~& ~~~ ~;;~~~~#~~- ~.$(~ r .. t~ e~ e ~te~ 1El~~ee 8• r ra~~eh ~ ~ ~~e-~1'f ~~ 33-ee•~$• ~ ~e-~9 . w~a~.'F~e~a~~•e~ ~a ~Z"A~ttF.'~. '9~ 6~3~ -E !3 - ~•~~e~ e~€e~na ~ ~ --~~e iEk&3E~~3El•~i!'t~ Ekc~ii~€r~e-~}}~'~e~'. ~ee .. ~..-~~ie-9 ., . ~ ri~'c'fE!-~~~~~~ Fd S~ s- e-~.~ E';~E~e~- T J eE ~e~-••a W~e~e-~-~ ~: ~-e•~e ~~e-~•s~ ~ ~•~e~~~a}~~---~+e e: -- ~seE~~~ e•~ - • - e~~taz~~3~ ~ ~~ e~~~~s.-,..._ ea~~e}~-F e~-~~e e~~•~~~~ e:~~e~~ a~-e~= ~~ee~ee ~•eq~x~~e r ~rtaura~m~„m„~.ar~3~la. ~ ~e s~a~r-~~ rs}r~S~~~~~3 ~~l~ e-.-~~~g~ rc'~~~-3'eF ~~~~~g-ee ~~• ••-~ee~e E~-ate 'a 3ectian A - SP (Revised 12/15/p41 Page 15 of 22 ~3 A-35 other Submittals 1. Sho Drawin Submittal: The Contractor shall follow the procedure outlined below when processizzg Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the, City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. j. f 1 .~ _; -. i c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this section; and sequentially number each transmittal form. Resubmittals must have the original. submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and. Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, .models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. 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 far 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. F,ectipn A - SP (Revised 12/15/04? Page 17 of 22 j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. . 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns far City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. otherwise, the related equipment will not be approved for use on the project. A-37 A7MPT1l~Pd "Arrangement and Charge for mater F:armi~Shed ]7y the City" No'I` IISED A-38 pPorker's Compeaaatioa Coverage for Building or Construction Pro3ects for Gaveramerit Sr~.tities The. requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy cad Fiaa1 Acceptance The issuance of a certificate of occupancy far improvements does not constitute final acceptance of the improvements under General Provision B-S- 9. A-40 Ameadmeat to Section B-8-6: Partial $stimates General Provisions and Requirements for Municipal Construction Contracts Section B-S-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, .satisfactory to the City Engineer, that show that the material supplier has been paid far 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 cot be counted as a work day. Section A - SP iRevaeea 12/15/04} Page 18 of 22 •~ ~ A-42 OSHA Rules & Regulations rt is the responsibility of the Contractor (s} to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 •Aiaemded Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in. lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys,' and agents from any and all damages, injury or liability whatsoever from an act ar 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, •'7 employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omassion of the city, its -' officials, employees, attorneys, anal 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 far 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-Sui1t Dimensions and Drawings (7/5/00} (a1 Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location {horizon~.al 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 drawixzgs shall include the following: {1) Horizontal and vertical dimensions due to substitutions/field changes. {2) Changes in equipment and dimensions due to substitutions. i (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. Section A - SP (Sievised 12/15/Q4) Page 19 of 22 A-~46 Disposal_of Highly Chloriaated water. (7/5/00} {NOT USSR) vim.-r~rrar~/ uaV..r aai ~. ~. ..y vaa ua1LL '.{:':y'.Fia~' I , I fe~~~~spee•al~€ ee~~m-ine-t~d~rter: A-47 Pre-Coastructian Sxploratosy 8xcavations {7/5/00} (NOT USBEf) pipeline. Ong-~~p~~ee~~~a-~~im~~~-a€-3-e~9-€ee~ A:~--~~r~~eetr~eter~-shall-au~~ 3~-€eet ma~i~~ ele~~xens~f-the tep--e€ ---------~ ~-r__.:____. r~pea~ . A-48 Overhead Slectrical Wires {7/S/o0) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall. use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occu~:s. Contractor sha11 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. SBCtioa A - SP (Revised 12/15/4} Page 28 of 22 1 ., E A-49 Amended "Maintenance Guaranty" (8/24/00) ~l Under ~~General Provisions and Requirements for Municipal Construction ,j Contracts', 5-8-11 Maintenance Guarani add the following: ,~ ~~The Contractors guarantee is a .separate, additional remedy available i to benefit the City of Corpus Christi. Neither the guarantee nnr expiration of the guarantee period will operate to reduce, release, or _ relinquish any rights or remedies available to the City of Carpus r~ Christi for any claims or causes of action against the Contractor or any other individual ar entity.~F A-5U Amended Prosecution and Progress 1 Under "General Provisions and Requirements for Municipal Construction Contracts," B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, an a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/ remobilization costs. Such costs shall be addressed through a change order to the Contract." .~ ''i '.1 Section A - SP (Revised 12/15/04) Pages 21 of 22 SUBMITTAL TRANSb~ITTAL FORM PROJECT: HS33 Pool Comp3.ex Replacemeat PROJECT No. 3390 OWN$R: CI'i'X OF CORPUS CHRISTI ARCFIZTSCT: CLK ARCHITECTS & ASSOCIATES ING. CONTRAGfiOR: SUBMITTAL, RATS APPLICABLE 3FSCIFICATION OR F3RAA~ING SUBMITTAL NOMBSR: SUBMITTAL 3ecCion A - 3P (Revised 12/15/04) Page 22 0£ 22 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEI~NT is entered into this 11TH day of MAY, 2010, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through Sts duly authorized City Manager, termed in I the Contract Documents as "City," and Progressive Structures, Tnc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $2 040 000.00 by City .and other obligations of City as set out herein, Contractor will ~ construct and complete certain improvements described as follows: HEB POOL COD~LEX REPT•nr~•NT PROJECT N0.3390 {TOTAL RASE BID: $2,040,000.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, -and related documents all of which constitute the contract for this project-.and are made a part hereof. BASS HID: ALL WORK NECESSARY AS SHOWN ON CONSTRUCTION DOCUMENTS FOR DEMOLITION OF EXISTING SWIMMING POOL AND FLATWORK. DEMOLITION OF EXISTING PUMP ROOM AND FOUNDATION. CONSTRUCTION OF NEW SWIMMING POOL WITH ZERO DEPTH ENTRY. CONSTRUCTION OF NEW SPRAYGROUND AREA. CONSTRUCTION OF NEW PUMP ROOM, VENDING AREA, PARTY ROOM, & FAMILY BATHROOM WITH SHOWER. REPAIRS TO EXISTING STRUCTURES AND RENOVATION OF OFFICE SPACE. TOTAL BASE BID $ ~- ~ C] - ADDITIVE ALTERNATES: NO.1.- PROVIDE OPEN FLVNE WATERSLIDB AS SPECIFIED ON 13150 & 13155. PRIGS TO INCLUDE FOUNDATION AND ALL ACCLSSORI$S. ALTERNATE NO. -1 $ -~`~ ~ t _ ~ NO. ~ . - PROVIDE (5) ADDITIONAL SHADE UMBYt,EL~ S SPECIFIED ON SECTION 13130. PRICE TO INCLUDE FO AND ALL REQUIRED ACCESSORIES. ALTERNATE NO . - 2 $ ~ n ~ t'~ N0.3.- PROVIDE ALL WORK C TO SEAL COAT TO EXISTING PARKING LOT ALONG SHELLY S RSSTRIPPING. ALTS AT8 . -3 $~~~t~• ~_~ ,.. N0.4.- PROM S RR NSC$SBARY TO PAINT SSISTING BUILDINGS ' METAL ROOF AI~ ~. RR A3 SPECIFIED QN SECTION 49900, ALTERNATE NO. - 4 $ ~ '~~ ~a c7 N0.5.- ROVIDB ALL FEATURES DENOTED AS "PI~ASS II" FOR SP ROUND. ALL FEATURE PIPING AND EMBEDS SHALL SE INCLODED IN T BASB SID FOR THE SPRAYGROUND. ALTERNATE NO . - 5 $ ~~~~ ~ a Ca s~ A4 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 rie 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. FROFOSAL FORM PAGE 3 OF 6 The Contractor will co~unence work within ten {10) calendar days Pram date they receive written work order and will. complete same within 320 CALENDAR DAYS after canstruction 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, Teas on the date shown above. ATTE ~~, Cit Secretary CITY OF ~ORPU$ CH~STI gy : ~i-c ~ ~,rUr~ L~~~- Juan Perales Jr.,P.E. Assistant C'ty Manager Engineering/Development Services } APPRO D AS ~.'O GAL RM: .. By.~ - ~ Asst. City Attorney ~ATrTEST. ~~-~~f~~Coxp~raton).~~ ~.:~ . (No_fe arson .signing for ~arp'ara~oa ;is rtbt-'sPr'esdent, a~tacch espy->:of -aut3iorzanon °s' ~: ~' ;,, t .. '~~ l_, :.~ By: r Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Pxo re $ive St cures Iae. By: Title: :~-~~.G~ w P.O. BOX 270713 (Address) CORPUS CHRISTI TX 78427 (City) (State)(ZIP) 361/852,-9651 * 361/852-3321 (Phone} (Fax} ~, V b '„, I~~ITM!€1RL7F1a SLCR€~'14FdY p,},~• II P R O P O S A L F O R M F O R HEB Pool Complex Replacement PROJECT NO. 3390 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS Ck~RISTI, TEXAS PROP08J1L FORM PAG$ I OF 6 r P R O P O S A L - ~ Place: CORPUS CHRISTI, TX ©ate: 3124110 Proposal of PROGRESSIVE STRUCTURES, INC. , ' a Corporation organized and existing undex the laws of the State of TEXAS OR a Partnership or Individual doing business as ~l TO: The City of Corpus Christi, Texas 1 _t Gentlemen: The undersigned hereby proposes to furnish all labar and materials, tools, and necessary equipment, and to perform the work required for: HEB Pool Complex Replacement PROJECT NO. 3390 at the locations set out by the plans and specifications and in strict accordance with the contract documents (All quantities are defined in the contract documents). The price tv perform the work is as follows: PROPOSAL FORM PAGB Z OF 6 BASE BTD: ALL WORK NECESSARY AS SHOWN ON CONSTRUCTION DOCi7MENTS FOR DEMOLITION OF EXISTING SWIMMING POOL AND FLATWORK. DEMOLITION OF EXISTING PUMP ROOM AND FOUNDATION. CONSTRUCTION OF NEW SWIMMING POOL WITH ZERO DEPTH ENTRY. CONSTRUCTION OF NEW SPRAYGROUND AREA. CONSTRUCTION OF NEW PUMP ROOM, VENDING AREA, PARTY ROOM, & FAMILY BATHROOM WITH SHOWER. REPAIRS TO EXISTING STRUCTURES AND RENOVATION OF OFFICE SPACE. TOTAL BASE SID $ ~ ~ ~~ ADDITTVS ALTERNATES: N0.1.- PROVIDE OPEN FLIIME WATSRSLIDS AS SPECIFIED ON SSCTI 13150 & 13155. PRICE TO INCLUDE FOUNDATION AND ALL REQV D ACCESSORIES. ALTERNATE NO.-1 $ C. '}t N0.2.- PROVIDE (5} ADDITIONAL SHADS UMB L S 3PSCIFIED ON SECTION 13130. PRICE TO INCLUDE FO AND ALL REQUIRED ACCESSORIES. ~ ALTERNATE NO.-2 N0.3.- PROVIDE ALL WORK C TO SEAL COAT TO EXISTING PARKING LDT ALONG SHELLY 13 RSSTRZPPING. j ALTS ATL . -3 $ ~ - ~~ • Ca (.~ ~,~,~~~ i 1 N0.4.- PROVIDE ~ RX NECESSARY TO PAINT $XISTING BIIILDINGS METAL ROOF ~ RR AS SPECIFIED ON SECTION 09900. ` ' ALTERNATE NO. -4 $ ~ ~' '~J ~a C~ N0.5.- ROVIDS ALL FEATURES DENOTED AS "PHASE II" FOR -~ SP ROUND. ALL FEATIIRE PIPING AND EM88D8 SHALL BE INCLZJDSD IN T BASS BTD FOR THE SPRAYGROUND. ALTERNATE NO . - S $, v~ ~, O ~ The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and cflntract 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. PROPOSAL FORM PAGE 3 OF 6 ~ Upon notifa.cation of award of contract, we wi~.3. within ten {l0} calendar days execute the formal contract and will deliver a Performance Sond {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/~siaority eosin®ss 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 firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of 8igaed gets of nocuments: The contract and all bonds will be prepared a.n not ~.ess than four eountergart {oxiginal signed) sets. Timm of Complatioa: The undersigned, agrees to complete the work within 3Z0 calendar days iacludiag say additiv® altercates if awarded from the date designated by a Work Order. The undersigned further declares that he wi11 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 pertain~.ng thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): 1 (SEAL - TF 8~17DER TS a CorPoratiori) NOTB: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Respectfully submitted: Name : Pro re ive Stru es I By: - {$IGNA IIR8) nn M.Baldree Address : 270713 6133 Ayers St. {P.O. Box} (Street} Corpus .Christi, TX 78427 (City} (state} {Zip) Telephone : 361-852-9651 {Revised August avoo) PROBOSAL FORM PAGE 4 OP 6 ~~ P A Y M E N T B O N D _ BOND NO.-PRF0896228i STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: - ~ COUNTY OF NUSCES § I ; ' THAT Pro ressive Structures Inc. of NUECE3 County, Texas, ~ hereinafter called "Principal", and FIDELITY& DEPOSITCOMPANYOF MARYLAND &," 1 a corporation organized under the laws of the State of MARYLAND , ,i and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the l 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 '~ wark referred to in the attached contract, in the penal sum of TWO ~ MILLION, FORTY THOUSAND AND NO/~.00($2,040, 004,00} 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: COLONIAL AMERICAN CASUALTY & SURETY COMPANY THL CONDITION OF THIS OBLIGATION i3 SUCH TEAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 11TH day MAY , 20 10 a copy of which is hereto attached and made a part hereof, for the construction of: HES POOL CO~NtPLEX REPLACE~NT PRAJECT N0.3390 (TOTAL SASE BxD: $2,0~O,OaO.aa) 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 FURTSLR, 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, ar to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in • anywise affect its obligation an this bond, and it does hereby waive notice of and such change, extension of time, alteration or addition to the terms of the contract, or to the wark to be performed thereunder. _ Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, `~ Vernan's Civil Statutes of Texas and other a licable statutes of PP the State of Texas. Tire terms "Claimant", "Labor" and "Material", as used hereizi 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 aut 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 14TH day of MAY 2010 PRINCIPAL ~~1 riot Name & ~ -~~-~i, (Print Name & Title} ~ SURETY . . 1 FIDELITY & DEPOSIT COMPANY OF MARYLAND & - - ~ COLONIAL AMERICAN CASUALTY & SURETY COMPANY Attorney-in-fact 3 TAMI J DUNCAN (Print Name} Ageacy: SWANTNER & CORDON ' ' Cca.tact Pexsan: MARY ELLEN MOORE Address : P. O .BOX 870 CORPUS CHRISTI, TEXAS 7$403 • Phoae l~umbex: 381-883-1711 -~ (NOTE: Date of Payment Aond 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 { BOND N0. PRFQ8962281 STATE OF TEXAS § IO~OW ALL SY THESE PRESENTS: ~-~ COUNTY OF NUECES § ~~ THAT Pra rsssive Structures Inc. of NUECE3 County, Texas, hereinafter called " Principal" , and FIDELITY & DEPOSIT COMPANY OF MARYLANq & a corporation organized under the laws of the State of MARYLAND , 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 TWD MILLION, 1 FORTY THOUSAND AND NO/100f$2,040~000.00) 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: * COLONIAL AMERICAN CASUALTY & SURETY COMPANY L~ THE CDNDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus . Christi, dated the 11TH of MAY , 20 ~,0 a copy of which is hereto attached and made a part hereof, for the construction of: . , HEB POOL COMPLEX RE2t.~t~~~r PROJECT N0.3390 (TOTAL SASE BID: $2,040,000.00) 1 l 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 band, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms ;; of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this band, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Sond Page 1 of 2 `~ This bond is given to meet the requirements at Article 516Q, Vernon's Civil Statutes of Texas and other applicable statutes of r~ the State of Texas. ' The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to wham any requisite notices may Sae 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 14TH day Of MAY , 2010 PRINCIPAL RESSIVE STRUCTURES. INC {paint Name & Title) ~~~~_ .~ aTTEST '3 {print Name & Title) .l .. l svR>,zY _ . . FIDELITY & DEPOSIT COMPANY OF MARYLAND & COLONIAL AMERICAN CASUALTY & SURETY COMPANY By : ,~ -- `~ p ------~ Attorney-in-fact TAMI J DUNCAN (Print Naive) ` .: ., Agency: SWANTNER & GORDON Coatac~ Person: MARY ELLRN MOORS Andress : P, o. Box a7o CORPUS CHRISTI, TEXAS 78403 Pho~te 11TtnRbex': 361-883-'1711 (lJdTE: Data of PerformancE Bond must not be pr.ipr to date of contract)(Revised 3/08} ' Performance Bond page 2 of 2 '4`~ ~ CERTIFICATE OF LIABILITY INSURANCE OP ID ta~sx DATE(MNUDDIYYYY) PROSTCI 05/14/10 PROOUCEA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFECATE Swanta®r & Gordon Tns Agcy-GC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78403-0870 PYLOne:361-883-1711 Faxs361-844-0101 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: $autherrl Vanguard In$ GO 10925 INSURER B: Texas Mutual Ins Co 22945 Progressivs Structures, Inc. Attri : Arai Baldree INSURER C: Southern Insurance Co 19a16A PO BC7C 270713 INSURER D: Republic Lloyds 19208 corpus Christi TX 78427 I _ wsuRER E: COVERAGES THE POLICEE5 OF INSURANCE LE5TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITW5TANDING ANY RECUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITW RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR' MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN l5 SUBJECT Tp ALL THE TERMS, EXCLUSIONS AND COND]FION5 OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PASO CLAIMS. LTR NSR TYPE OF INSURANC POLICY NUMBER I Y EFF DATE MMIDDlYYYY E PIRATI N DATE MMfDDlYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 D X COMMERCIAL GENERALLIA131LITY C~P563930601 09/11/09 D9/11110 PREMISES Eeoccurence $ 100000 CLAIMS MADE ~ DCCUR ~ MED EXP {Any one person) $ SOOO PERSONALBADVINJURY $looaaoa GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG $ a o a o n o 0 POLICY X PRO LOC JECT AUT OMOBILE LIABILITY ~ COMBINED SINGLE LIMIT $ 1000000' A X ANY AUTO BAP563930701 09/11109 09/11/10 4Eeaxident) ALL OWNED AUTOS ~ BODILY INJURY $ SCHEDULED AUTOS {Per person) X HIRED AUTOS BODILY INJURY $ X NON•OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accidenq GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ Y ANY AUTD OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLALlABILI7Y EACH OCCURRENCE $ 1000000 C X occuR ~ CLAIMSMADE UD03563930801 09/11/09 09/11/10 AGGREGATE ~ 1000000 $ DEDUCTIBLf $ X RETENTION $10000 $ WOR KER S COMPENSATION ' X TORY LIMITS ER B LIABILITY AND EMPLOYERS ECUTIVE ~ ~ SSP0001194474 09/11/09 09/11/10 E.L. EACH ACCIDENT $ 1000000 EXCLUDED? OFFiCER1MEMBEA (Mandatory in NH) l -! ~ E.L. DISEASE•EAEMPLOYEE $1000000 If yes, describe under SPECIAL PROVISIONS below ~ E.L. DISEASE • POLICY LIMIT $ 10 00 0 0 0 OTHER D Builders Risk ~ C'~563930601 09/11/09 09/11/10 Any Occ $6,000,000 n Hqui nt Floate CMP563930601 09/11/09 09/11/10 Rntd/Lsd $100,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS t VEHICLES ! EXCLUSION8 ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Project: HES Pool Complesc Replacement- Project No. 3390 The City of Corpus Christi is named Additional Irssured as required by written "insured" contract frs ~avar of the Certificate Haller applicable to General Liability and Auto Liability. -- continu®d on holder sates CFFITIFICATF 1d[S! I]EFI CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TJiE ExPIRATION CICO-CC DATE THEREOF,IIHE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Corpus Christi IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR $riQln9@r9.ng Services REPRESENTATIVES. Attn: Contract Adtninistratar T V Po Box 9277 ALIT ESEN ATI E o us Christi TX 78459-9277 ACORD 25 (2009101) ®19SB-2009 ACOR~CORPORAT-ION. All rlgnts ressr~ea. The AGORD name and Pogo are registered marks of AGORD IMPORTANT 1f the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. A statement on this certifica#e does not confer rights to the certifica#e holder in lieu of such endorsement{s}. If 5U$ROGATION 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 certifica#e holder in lieu of such endorsement(s). DISCLAIMER This Certifica#e of Insurance does not constitute a contract between the issuing insurer(s), authorized representa#ive or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORU 25 (2049101) T ~~ ~ NQ 1 GPQQ, HOLDER C(7DE C~CQ-CC pROS~"Ci RAGE I~ISURED'S NAME `Progressive Struetuxes, Ir~c. Op lD NESI3 DATE 05/1411Q U+iaiver of Subrogation as required by written °iasured" contract in favor of City of Garpus Christi applicable to work®rs Ca~mpa General Liability and Auto Liability. ~~~ Ixlc. COMMERCIAL GENERAL LiA81LITY ~~~~ ~~ ' CG R02S O$ 09 X563930601. THIS ENDgRSEMENT CHANGES THE POLICY. PLEASE READ fT CAREFULLY. REPUBLIC PLUS+ GENERAL LABILITY ENIiANCEMENT ENDURSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GfwNi:RAL LIABILITY COVERAGE FORM A. SEC'TIQN I-COVERAGES ~. COVERAGE A iBOD1LY INJiJRY AND PROPERTY DAMA~ifE LIABILn'Y a. Exclusions i. Exclusion Y.a. Expected Or Intended injury is deleted in its entirety and replaced by: a. Expected Or Intended Injury "Bodily injury" ar "property damage" expected or intended from the standpoint of the insured. This exdusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonsbte fnree to protect persons or property. 2. Exclusion 2.f. Pollution is deleted in its entirety and replaced by: f. Llrnlted Pollution I.iabiliity "Bodily injury" or "property damage" arising out of the actual, alleged ar threatened discharge, dispersal, seepage. migration, release or escape of "pollutants": (i). At or from any premises, site or location which is pr was at any time used by or far any #nsured ar others far the handling, storage, disposal, processing or treatment crf waste; (ii}. Which are or were at any time transported, handled, stored, tree#ed, disposed of ar processed as waste by or for: 1. Any insured; or 2. Any person or organization for wham you may be legally respansib~; (iii). At or from any premises, site or location on which any Insured ar any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, dean up, remove, contain, treat. detoxify or neutralize, or in any way respond to, ar assess the effects ot, "pollutants"; or (iv). At or from a storage tank or other container, ducts or piping which is below or partially below the surface of the ground or water or which, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any other means if the actual, alleged or threatened discharge, dispersal, seepage, migration. release or escape of "pollutants" arises at or from any premises, site ar location: a. Whrclt is or was at any time owned or occupied by, ar rented or loaned to, any insured; or b. Which any insured or any contractors or subcontractors working directly or indirectty on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor, CG Ril79 05 09 Includes copyr+ghted materiat of insurance Services Office, inc.. with its Page ~r permission } .. Subparagraph {lv), does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". [v}. Arty lass, cast or expense arising out of any: 1. ReGues#, demand, order ar statutory or regulatory requirement issued or made pursuant to any environmental protection ar environmental liability statutes ar regulations that any insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in anyway rsrspond to, or assess the effects of, "pollutants"; or 2. Claim or suit by ar on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of, "pollutants". 8. However, this paragraph does not apply to liability for those sums the insured becomes legally obfigated to pay as datr-ages because ~ "property damage" that the incur®d would have in the absence of such request, demand, order or stawtory or regulatory requirement, or such claim or "suit" by ar on behalf of a governmental authority. (vi), The most we will pay for "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of ppollutants" is $1(l,gt)t) in any one occurrence regardless of the number nf: f . Insureds; 2. Claims made ar "suits" brought; or 3. Persons or organizations making claims or bringing "suits". 3. Exclusion 2,g. Aircraft, Auto Or Watercraft, (~) is deleted in its entirety and replaced by: (2) A watercraft you do not own that is' (i}. Less than 5f feet long; and (ii}. Not being used to carry persons or property for a charge; 4. Fire. Lightning, Explosion and Sprinkler Leakage a. tf Damages to Premises Rented to You is not excluded underthe policy the fdlowing applies: b. The last subparagraph of paragraph ~. I:xClusions of SECTION I -~ COVE!'tACaES, COVERAGE A BODILY INJURY ANO PaOPEkTY DAMAGE is deleted in Its entirety and replaced by: Exclusions c, through n, do not appiy to damage by fire, lightning, explosion or °sprinicler leakage" to premises while rented to you or temporarily orxupied by you with the permission of the owner. A separate Nmit of insurance applies to this coverage as described in SECTION Ili -LIMITS OF INSURANCE. c. Paragraph 8, of SECTION ql -LIMITS OF INSURANCE is deleted in its entirety and replaced by: Subject to Paragraph 5. above, the Damages to Premises Rented to You Limit is the most we will pay under Coverage A far damages because of 'property damage" to any one premises , while rented to you ar temporarily occupied by you with permission of the owner, arising out of damage by fire, lighnning, explosion or "sprinkler leakage". d. Subject to all the terms of SECTION Ni -LIMITS OF INSURANCE, the Damages to Rremises Rented to You limit is the greater of: (il). The amount shown in the Declarations For pamages to Premises Rented to Yau t_imit. i/ CG ROTS OS fl9 Includes copyrighted material of Insurance Services Dfftce, inc., with its Page 2 of 7 permission e. Paragraph 4.b.(i ~.(ii~. of SECTION IV --COMMERCIAL. GENERAL LIABILITY CON©ITlONS is deleted in its ent+rety and replaced by: (iy. That is Fire. Lightning, Explosion. "Sprinkler Lesl<age° or any sirnnilar insurance coverage for premises rented to you or temporarily occupietl by you with permission of the owner; 2. COVERAGE C MEI]ICAL PAYMENTS Inswring Agresntent a. Subject to the forms of SECTION 111 -LIMITS OF iNStIRANCE, unless otherwise excluded, the Medical Expense Llrrtik is the higher of: 1. S10,D00 any one person: or x. The amount shown in the Declarations far Medical f=xpense Limit. ta. Paragraph 1.a.(3~.(b), is deleted in its entirety and replaced by: (its The expenses are incurred and reported to us within two years of the date of Ehe accident; and 3. $tlPPLEMENTARY PAYMENTS-COVERAGES A AND B Paragraph 1.b. is del®ted in its entirety and replaced by: [b) lJp to $2,5Qq for cost of bail taonds required because of accidents or traffic law violations arts#rsg out of the use of any vefiicie to which the Bodily Injury Liat»t#ty Coverage applies. We do not have to famish these bands. @. AGGRE~iATE PER LOCATION This Coverage Exbsnsion does not apply if CG 25 03 DESIGNATED CONSTRUCTION PROJECT(5~ t3ENERAL AGGREGATE LIMIT or CD 25 Q4 DESIGNATED LOCATIONS(Sj GENERAL AGGREGATE LIMIT ar® attached to this policy. The limits shrnnm in the Declarations far Each Occurrence, Damage to Premises Rented to Yau, Medical Expense and General Aggregate apply per "iocatian" or construction project. i. For all soma which the insured becomes legally obligated to pay as damages caueeol by "ocxurrences' under SECTION i- COVERAGES, COVERAGE A 80OILY INJURY AND PROPERTY DAMAGE, and for all medical expenses caused by aCddants under SECTION I- COVERAGES, COVERAGE C Mi'iplCAf~. PAYMENTS .which Carr be attributed only to ongoing operations at a ~location° or single construction project: a. The most we will pay will be capped ~ $5,t100,t)b0, regardless of the number of 1. "Occurrences"; ~. Insureds; 3. Claims made or "suits" brought; aI. Persons ar organizations rrtal6ng claims or bringing "suits"; 5. Locations; or B. Construct'~an projects. b. Subject to B.j1}.a. aboue_ 1. The General Aggregate Lirnit shown #n the Declarations applies sep8ratety to each 'location" or construction project 2. Any payments made under SECTION l- COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAll1AGE for damages ar under SECTION M COVERAGES, COVERAGE C MEDICAL PAYMENTS for medical expenses shall reduce the General Aggregate Limit for that loCatiorl" of construction project. Such payments shall not reduce the General Aggregate Lirnit far any other "location" or construction project. , , Clv3 Rt}~9 05 08 Includes copyrighted material of Insurance Services t?ffice, inc., with its Page 3 of 7 permission ~ F. r 3. The limits Shawn in the Dedaratfons for Each Occurrence. Damage to Premises Rented to You and Medical Expense continue to apply to each "Iocatlart" ar construction project, subject to the General Aggregate t_'rmtt. 2. Fdr all sums which the insured becomes legally obligated to pay as damages, caused by "accurrencea" under SECTION 1- CQVERAGES, CaVERApL A BODILY IN.EtJRY AND PROPERTY DAMAt3E LIABILITY, and for ail medical expenses caused by accidents under SECTION I- l~QVERAt;€ES; COVERAQE C MEDICAL PAYMENTS, which cannot be attrrbuted only to a ~'iocation" or ongoing operations at a single construction project, any payments made under COI/tE;RAt3E A for damages ar under CQVERA~3E C for medico! expenses shaki reduce the amount available under the General Aggregate t_lmit or the Products- Campleted t7perations Aggregate Limit, whicl't$ver is applicable; this reduction is oat applicable to any identi rfab'"ie~locatiain" nr idant~able construction project. 3. When cDr~e~ga'"for-k[a~bilkty-arlsmg' vut' af"tt-ia""Prcttoctlf<~mpbted'.apa~ra~tir~n~-.hazard•~ts~..provsded;' any payments ~ gama$es~ ~aattse of ~tratiiry injury` ~or "property darttage" ~nctutYetl~ in the "pTOdt,tGtS•completed operations hazard' will reduce the Products-Compketed t:lperations Aggregate Limit, and not reduce the Generale Aggregate Limit. 4~. If a Construction project has bean abandoned, delayed, or abandoned and then restarted, or if the authorized contracting patties deviate drum plans, blueprints, designs, specifications or t~netables, the project will still be deemed to be the same construction project. C. SECTION It- WHO IS AN INSURED i. Newly Acquired Or Farrreed Organlzattan Paragraph 3. a. is deleted in its entirety and replaced by: a. Coverage under this provl&ivn is afforded only until the 480`" day after you acquire or farm the organization ar the end of the policy period, whichever is earlier; 2. Additional Insureds ti a. Owners, Managers, Contractors And Lessors Of Equipment Who Is An insured is amended to include as an additional insured any person ar organization, other than a controlling interest or vendors, you are required by written agreement or written contract or permit to include as an additional insured, but only with respect to liability far "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions in the performance of your ongoing operations for the additional insured; or 2, The acts or omissions of those acting on your beha~ in tine perfcxmance at your ongoing operations for the additional insured; or 3. fwiaintanance nr use of equipment leased or rented from such addifional insured(s); or 4. Maintenance or use of that part of any premises leased or rented to you; or 5. Maintenance or use of that part of any premises awned by you; or B. Maintenance or use of any premises owned by you but leased or rented to others. la. Controlling lrrterest who is An Insured is amended to indude as an additional insured any person(s) or organization(s) with a controlling interest in the Named insured, but only with respect to their liability arising out af: 1. Their fsnancial control of the Named insured; or Z. Premises they own, maintain or Control while the Named insured leases or occupies these premises. This insurance does not apply to structtiral alterations, new construction or demolition operations performed by or for sucte additional insured. CG 8019 l15 09 indud~ss copyrighted material of insurance Services Office, Inc., with its Page ¢ of 7 permission :~. -~~ c. Venafars Who is An Insured i5 amended to include as an additional insured any person or organization (referred to .below as vendors with whom you agreed under a written contract or written agreement to provide insurance, but only with respect to 'bodily injury" or "prop~srly damage' arising out of "your groduciE;' which are distributed or saki in the regular course of the vendor's business, subiect to the following additional exclusions: The insurance aFfardad the vender does not apply ta: 1. "Hadily injury" or "property damage" For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor wowd have in the absence of the contract or agreement; Z. Any express warranty unauthorized by you: 3. Any physical or chemical change in the product made intentions}ly by the vendor; d. Repadcag}ng, except when unpacked solely for the lsurpose of inspection, demonstration, testing or the substitution of pares under instruction from the mgnufacturer, and then repackaged in the rxig}nal container; 5, Any failure to make such inspection, adjustments, tests ar servicing as the vendor has agreed to make ar normally undertakes to make in the usual course of business in connection with the distribution of the products; 8, ~emonsirasion, installation, servicing or repair aperetions, except such operations performed at tk~e vendor's premises In connection with the sale of the product; or 7. Rroducts which, after distribution or sale by you, have been #abeled or relabeled or used as a container, part or ingredient of any other thing or substance by or far the vendor, B, `BodNy injury" ar "property damage" arising out of the sale negligence of the vendor Far its awn acts or omissions or those of its empbyees or anyone else acting on its behalf. Howerrer, this exclusion does not apply to: sr. The exceptions contained in sub-paragraphs G.Z.c.(4~.ar C.Z.a.{t3). of this Coverage Extension; or b. Such inspections, adjustments, Pests or servicing as the vendor. has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 9. Any person or organization from whom you have acquired any products, including any }ngredient, part or container entering into. accompanying or containing „your products". 3. Exclaaions applicable to all Addit}onat Insureds: a. This insurance does not apply to'~odlly injury", "property damage* or "peBanal end advertising injury' arising out of the rendering of or the failure to render any professional services by yea or on your behalf but nn#y with respect tD any of the following operations: 1. The preparing, providing, approving, or falling to prepare, provide or approve, maps, shop drawings, opinions, reports, Surveys, field orders, change orders or drawirps and sper.ifications; or Z, Providing, or hiring independent professionals to provide, engineering, arci•ritectural or surveying services in connection with construction work you perform. 3. Supervisory, inspection, architectural ar engineering activities. Professional serv}ces da not include services within construction means. methods, techniques, sequences and procedures employed by you }n connection with your operations in your capacity as a construction contractor. b. This insurance does not apply to "bodily Injury". "property damage" or "personal and advertising injury" not caused. in whole ar In part, by you or by those acting on your behalf. CG R0~3 p5 a9 Includes copyrighted material of Insurance Services office, Inc., with its Page 5 0 7 permission ~~ ~~ c. This endorsement dnes not apply to any railroad named as an additional insured vsrFiether by agreement, contract ar permit. d. This snsurance does not 3ppiy to bodily injury or "property damage° occurring after leased ar rented equipment is returned to the lessor. e. This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equipment famished in conneclfon with such waric, on the project tether than service, maintenance or repairs) tv be performed by or an behalf of the additina! insureds) has been completed; or Z. That portion of "your work" nut of which the injury or damage arises has been put to its intended use by any person or organization other than another cantractnr or subcontractor engaged in performing operations for a principal as a pert of the same project. #. This insurance does not apply to any 'occurrence" which takes place after you cease to be a tenant in any premises for which anyone bass been included as an additional insured. 9-This insurance does not apply to structural alterations, new construction yr demolition operations performed by or vn behalf of the additional insured at any premises in which you are a tenant; unless you are performing such nperatinns and are required by written contract ar agreement to include the prerrrises owner or manager as an additional insured, h. This insurance does not apply to "bodily injury" or "property damage" arising out of the "products - campleted operations hazard". 1. "~acliry injury" or "properly dal~age' occurring before the signing of the contract ar agreerrtssnt. or the issuance of the permit, requiring the person ar arganizatfon to be added as an additional insured. ©. 3ECTt~N IV- CdMMERCIAL GENERAL LIABIi.ITY CONDITIONS 1. Duties In Thor Event Of Occurrence, Dfianrae, Claim Or Suit a. Paragraph ~.a. Duties In The Evert Of t?caurrence. Offense, Claim Or Sint is deleted. in its entirety and replaced by: 4. Ynu must see to it that we are nat~ed as soon as praictic,~bte of an -occurrence" ar an offense which may result in a claim. I{nowiedpe of an "occurrence" or an offense bl- your "employees" shall not, in itseff, rr~nstituta knowledge ter you un#es9 you, Your partners. "executive officers', directors, insurance manager or risk manager shall have actually received notice. To the ®xtent passible, notice should include: a. Haw, when and where the "occurrence" or offense took place; b. The names and addresses of any injured persons and witnesses; and c. The nature and location of any injury or damage arising out of the "occurrence` nr offense. b. The following is added to paragraph Z. Duties In The Errant Of Occurrence, Ollanset Claim Or Suit 1. If you fail b give us native of art "occurrence", offense, claim or "suit', solely due to your reasonable and documented belief that the `bodily injury' ar "property dar„age >g not covered under th#s policy, w+a will not deny coverage under this policy solely because of such failure. Z. Representations The following is added tv paragraph 6. Representatons a. If you should unintentionally fail to disclose ail existing hazards at the incepkian date of this policy, we will not deny coverage under ibis policy solely because of such failure. b. This proviaipn does not affect our right to collect eddi#ional premium or to exercise our right of cancellatlan ornon-renewal. Ca R029 05 09 InGudes copyrighted material of Insurance Services Uifice, inc., with its Page 5 of ~ permission Pxngr~essive StrtfC~, Inc. t3~5b393Afif11 3. Transfer Of Rights Ot Reearrery Against Others Ta Us ~V1laiver of Subrogation) The following is added to this clause: If a written agreement, written contract or permit requires that you waive any right of recovery against any person a- organization we also waive any right of recovery we may have against that person ar arg8nizatlan because of payments we make for injury ar damage arising out of ayour work" for that person or organization. 4. The falfawfng are added to SECTION IV COMIMERCIAL. GENERAL. LIABILITY CONDITIONS: a. Rrimary Insurance - Non. Contributing l.l~ihen required in writing by an agreement, contract or permit with any additional insured, the insurance afforded to such additional insured is primary. Other insurance listing such additional insured as a Warned insured in the deGarations will apply as excess and net contribute as primary to the insurance afforded by this endorsement. i~. Any agreement, contract, (ease or permit requiring: 1. You to include any person or organization as an additions! insured; or 2. You to waive your rights of recovery against any person or organization; ar 3. That this insurance be primary. 4. must be signed prior t0 an "occurrence' ar offense. E. SECTION V - ©EFINfif©NS 1. Paragraph 9. a. "insured contract° is deleted in it'$ entirety and replaced by: a. A Contract far a lease at premises. However, that portion of the contract far a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion ar "sprinkler leakage" to premises while rented to you Or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. The following definitions are added: a. "Location" means premises involving the lamer or connecting lots, or premises whose connection ig interrupted only by a street, roadway, waterway ar right-ot-way of a railroad. 6. 'Sprinkler Leakage" means the accidental lealasge or discharge of any fire extinguishing ar fire suppression substance from an automatic sprinkler system or other automatic fire extinguishing system or automatic fire suppression system; it does not include the discharge of any automatic sprinkler or autor+'ratMC fife extinguishing system or fire suppression system that discharges in response #o a fire. ~.....r. G~ RC29 q6 q9 includes copyrighted material of Insurance Servfces Office, Inc., with its Page 7 of 7 permission $ ` i- ~t7LlGY NUMBER: BAP5fi393Q74! COMMERCIAL AUTO CA R041 d6 O7 THIS ENdORSEMENT CHANGES THE P~tICY. PLEASE REAd 1T CAREFULLY. ADDITIQIVAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTQ COVERAGE FARM GARAGE COVERAGE FORM MOTOR CARRIER CC]VEI^'tAGE FORM TRUCKERS GOVERAGF FARM With respect to coverage provided by this endorsement, the pravis[ons of the Coverage Farm apply unless madi~ Pied by the endorsement. Phis endorsement changes the policy effective vn the inception date of t#~e policy unless another date is indicated be#aw. Endorsement Effective: ~/~~ Countersigned ey: Named Insured: entative~ SCHiEDULE "Any certificate holder or other party who is required by written aantract, agreement ar permit to be added as an Additional Insured to the named ineured's Automobile Liability coverage. Certificates of insurance with names and locations are oa file with your agent.^ {If no entry appears above, infarmarian required to complete this endorsement will be shown in the Declarations as appt#cable to this endorsement,} A Who Is An Insured (Section ll} is amended to include as an insured" the person{s} or organiza- tion{s} shown in the Schedule. but only with re- spect to their legal liability far acts or omissions of a person far whom I_iabil'rty Coverage is afforded under this policy. B. The additional insured named in the Schedule or Declarations is not required to pay for any premi- ums stated in fhe polic}r or earned from the policy. Arty return premium and any dividend, if applica- ble, declared by t]s shalt be paid to you. C. You are authorized to act for the additional insured named in t#ie Schedule or Dedarations in a#I mat- ters pertaining to this insunance. d. We will mail the additional insured named fin the Schedule ar Decorations no4ce of any cancella- tion of this policy. If wee cancel, we w#!i give 4Q days natirae to the additional insured. E. The additional insured named in the Schedule ar Declarations will retain any right of recovery as a daiman# under this policy. CA RQ41 d6 @7 Includes copyrighted material of Insurance Services dffice, Inc., Page 1 of 1 with its perrrtission 7 J PQLICY NUMSER::~N~~ 56 3 a su 6 +~ t COMMERCIAL GENERAL LIABILITY CG 02 0512 04 THIS ENDORSEMENT CHANGES THE PQLICY, PLEASE READ IT CAREFULLY. TEXAS CHANGES =AMENDMENT OF CANCELLATIC)N PROVISIONS C]R COVERAGE CHANGE - This endorsement modifies insurance provided under the fallowing; COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LlA81L1TY COVERAGi= PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WIThIDRAWAL C©VERAGE PART PRODUCTSlCOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIV^ LIABILITY COVERAGE PART In the event of eaneellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation ar material change to: SCHEDULE 1. Name• CT'tX OE' CO~P:}S C-?TSTi bngineerixtg Services 2. Address: 1201 Leopard - co~~~s c-~~ts'r~, Tx ;aa~1 3. Number of days advance notice: 30 Information required to complete this Schedule, if not shown above, wilk be shown in the Declarations. CG 0~ 05 f2 D4 ~JISO Properties, knc., 2443 Wage 1 of 1 PE)L.ICV NUMBER: BAP 5639307 {~1 CQiNANAERC~AI. AUTO cAa2~oeoa THIS END©RSEMENT CHANGES THE POLICY. PLEASE REAQ IT CAREFULLY. TEXAS CANCELLATION PR~V~SIt~N CR CQVERAGE CHANCE ENDQRSEMENT This endorsement modii'ies insurance provided under the Toldwing: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRfER COVERAGE FORM TRUCiCFR3 GOVF.RAGE i=Oi~+! With Hasped bb coverage provided by this endorsement, the provisions of the Coverage Fam apply unless madi- iled fay the endorsement. This endorsement changes the Ralicy aTtedlve on the inception date of the poiicy unless another dat® is indicated below. Endorsement Efieative: Countersigned By: ag/a.~/ao09 Flamed Insured: P~tC3GRES8YVE STRUCTURES INC SCHEDIJi<.E Numbor of Days' Notlcs 30 Name Of Parson ter Organization CITY OF CORPUS CHRESTI pE11ELOPMEI3T SERVICES Addrp~~ 2A06 Y,FpPARD SUITE 100 Corpus Christi, TX 78408 * EXCEPT 3.0 DAYS IN TliE EVENT QF NDN-PAYMENT OF PRE[rlII2M _.._ if this policy is c8nceled or materially changed to reduce ar restrw~ coverage, we von man n~u~x ~~ ~~~~~,~a.~.~., y, chgnge to the person or orgar-ization named in the Schedule. We wilt glue the number of day's notice indlc2rted in the 5d~edt~le. CA a~aa oe a4 t~lSO Properties, Inc., zoos i age 1 of 7 Ci n t WORKfi:RB' C[~MPEI~SATtOM AND EMPLOYERS L1ABlLtTY INSURANCE lsOi.ICY WC 42 06 0'~ Tif=%A5 NOTICE OF MA'1i'ER1At~ CHANGE ENDORSEMENT This e>>dorsement applies only io the insurance provided ay the poffCy because Texas fs shown in Item 3.A. of the Infaf~mation page. fn the event tsf cancella#lan or other rrkatarial change of the policy, we will mad advance nat'ICe to the person ar organization named in ttte Schedule. The number of days advance notice is showft in the Schedule. Thts endorsement shad not operate directly or ifldiredly to benefd artyane not named in the Schedule. Schedule i. Numfaer of days advance notice' 30 2. Notice will 6e mailed to CITY ~F COFiPUB f:HR i SY l g~7 ~1P~Y~ $~T1C(.S PO BO% 9Z77 CORPUS CHRISTI. TX 78469-9277 This endorsemerd d~enges tl'ra policy ka whips R Is aftnefKd effldive On Cn Ineeptlan da#e of ihA Policy unkas a dirferent peke la and~alad below. (Tlte fallowing 'attaehlnq cleuae' treed ba canplated only whan this endarasrna~ is ieetied subee4sreri to preperatlon of the pat{s} This endoreersserd, efteclive an Na V amtie r 1 4 , 2009 a112.Ot A i41. starsdxd time, twins r par! of policy fJo. SeP-OOf)119447~ 2009051 1 of the Texas Mutual Insuranaa Cotnpatyy issued to PROGRESS 1 VS STiiUCTt]RES I Nt: Endorsement Na. t `~ /,/~ Premium $ 0.00 /C d`x'~.- v' .._- Authariz+bd Repi~esentativa wc4zasat ten. ~~•t WASEfVORS 11-1 t -2009 e y,. Wt~RKfzRS' COMPENSATION AND Pt_OYtwRS LIRRILITY INSURANCE PQLICY WC 42 03 04 A TEXAS UVAIVER OF OUR RIGHT TQ RECOVER FRdM dTHERS ENDORSEMENT This enclarstament applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Itlfarmation Page. We have the right to recover our payrttents from anyone liable For an injury covered by this policy. we will riot enforce our rfght tagainst the person or organization named in the Schedule, but this waiver applies only with respect io bodily injury arising aui of the operations descrit~ed in the Sehedufe where ycu are required by a written contrad to of}tain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specl~c Waiver [Name of person or organization (K) Blanket Waiver Any person or organization for whom the Narrted #nsurerl has agreed by written contract to furnish this waiver. 2. 4peratfons: ALL TEXAS aPERAT INNS 3. Premium The premium charge for this endorsement shall tae? ~.,Qf3 percent of tats prernius~rr developed on payroll in connection with work performed fur the alcove persons} or organization(s) grisirlg out of the operations described. 4. Advance prt:rrtiam l NCLIlDED , SEt: tl+IFORMAT IC1N RAGE . This ertdorsernent Chanpas ttie policy tC which it is attact+ed etfectiwe on the inception date of the po1~y unless a dirfarent date is indicated below. (The ropa~witeg "attachu-g clause" need he completed only when this endorse~+ent is issued su6sequerrt t0 preparation or the poffcyl This endc+rsement, errective oR at 12.Dt A.M. standard time, corms a part of Policy Na. SBP--0001 19447a 2Qtf9Q911 ofthaTexas Mvtua# Insurance Company issued tts PRt7GRES5 I VE STRtJCTURt:S 1 NC Endorsement No. Premlui'rt $ ~ ~ r r~~ Au#horlxed Representative WCb2034dA lt:#7. 1~D1..2DOtll AGENT'S COPY RXDELACFt 9-t5-20a9