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HomeMy WebLinkAboutC2011-103 - 1/18/2011 - Approved2011 -103 M2011 -019 01/18/11 Delta Prime Spec'iIty Svcs. 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 CONVENTION CENTER AND SELENA AUDITORIUM CONCRETE SPALLING REPAIRS - 2010 UMW engineers 1 architects 1 contractors TBPE FIRM NO. F -366 801 Navigation, Suite 300 Corpus Christi, Texas Phone: 361 -883 -1984 Fax: 361- 883 -1986 FOR City. of Corpus = Christi I..,r"..• DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3500 Fax: 361/826-3501 PROJECT NO: E10074 IDRAWING NO: PEG 762 11.01 -1a . r.qh RAMIRO MUaOZ III of 1 00346 kowlick (Revised 7/5/00) CONVENTION CENTER AND SELENA AUDITORIUM CONCRETE SPALLING REPAIRS - 2010 PROJECT NO. E10074 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Covera5e For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award 1-5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) 1-12 .Maintenance of Services A 13 Ar a Acccsa and Traffic Control (NOT USED) A -14 Construction Equipment Spillage and Tracking (NOT USED) A -16 Disposal /Salvage of Materials A 17 Field Office (NOT USED) 1-18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and Certification A 21 Project Cigna (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds A 25 Salco Tax Exemption NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A 35 City Water Facilitico Cpccial Rcquircmcnto (NOT USED) ry A -36 Other Submittals (Revised 9/18/00) A 37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Certificate of Occupancy and Final Acceptance (NOT USED) • _ _ -- _ _ _ _ -- (NOT USED) t -� A 11 Ozone Advizory (NOT USED) A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) 1-44 Change Orders (4/26/99) Table of Contents Page 1 of 2 A -45 As-Built Dimensions and Drawings (7/5/00) • - - - (NOT USED A 47 Prc Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress A-5I Errors and Omissions A -52 Noise Control A -53 Dust Control A -54 Electronic Submittal of Bids ATTACI NTS 1 - Electronic Bid PART B — GENERAL PROVISIONS PART C — FEDERAL WAGE RATES AND REQUIREMENTS PART S — STANDARD SPECIFICATIONS (NOT USED) PART T -- TECHNICAL SPECIFICATIONS Section 00500 Mobilization Section 03100 Concrete Formwork Section 03200 Reinforcing Steel Section 03300 Cast -in -Place Concrete Section 03926 Structural Concrete Repair PART W -- DRAWINGS LIST OF DRAWINGS (7/5/00) (NOT USED) Sheet 1,. Cover Sheet Sheet 2 Notes. Sheet Sheet 3 Existing Conditions Photographs Sheet 4. Overall Plan Layout Sheet 5 Enlarged Plan at Convention Center Sheet 6 Enlarged Partial Plan Sheet 7 Enlarged Plan at Selena Auditorium Sheet 8 Concrete Column Repair Quantities & Details Sheet 9 Main Stairway Plan and Section Sheet 10 Stairway No. 2 and No. 3 Plans and Section Sheet 11 Repair Details NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND. PAYMENT BOND Table of Contents Page 2 of 2 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for CONVENTION CENTER AND SELENA AUDITORIUM CONCRETE SPALLINO REPAIRS - 2010; Project No. E10074 base bid recommended improvements consist of concrete spall repairs and other associated repairs or improvements to approximately (20) 2 -ft by 2 -ft exposed aggregate concrete columns on the east side of the Selena Auditorium, (3) exterior staircases on the west side of the building leading to the Convention Center and Selena Auditorium, and (2) exposed aggregate concrete staircases leading to the balcony areas of the Selena Auditorium and Convention Center, including incidental improvements, removals, and adjustments as necessary to accomplish the work in accordance with the plans, specifications, and contract documents. In addition, recommended improvements for several alternate additive bid items have also been included. Approximately 35 LF of epoxy crack injection at the 8 -inch wide exterior exposed aggregate concrete walls have been included in alternate additive bid item 2. Approximately 300 LF (75 CF) of concrete topping at the floor beams between the brick pavers and approximately 30 LF of floor expansion joint have been included in alternate additive bid item 3, and approximately 1800 SF of levelling repairs to improve drainage at the two brick paver locations at the balcony staircases are included in alternate additive bid item 4. All alternate additive bid items include aI1 incidental improvements, removals, and adjustemnts as necessary to accomplish the work in accordance with the plans, specification, and contract documents. Bids will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, December 15, 2010 and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 10 :00 A.M., Wednesday, December 8, 2010 and will be conducted by the City. The location of the meeting will be the Engineering Services Main Conference Room, 3' Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas. A site visit will follow. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse.Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements X REQUIRED • NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements • REQUIRED X NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section. B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826 -3500. Page 2 of 2 NOTICE TO CONTRACTORS NOTICE TO CONTRACTORS -- B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC- 84),showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction- -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form.TWCC -81, form TWCC -82, forth TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act)- -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food /beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of 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 subjectthe contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language . required by paragraph (7) ofthis subsection; (2) as part of the contract, using the language required by paragraph (7) ofthis subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each .other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the . governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the .project; and (B) no Iaer than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;. (6) notify the governmental entity in 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 on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the . following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: '(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for alI of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) - of this section; Page 4 of 1 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage., if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, priorto beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this .contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period,-if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (13) provide a certificate of coverage to it prior to that other person beginning work on the . project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person begin. ning work on the project; and (ii) prior to the end of the coverage period, a new .certificate of coverage .showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised forbid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c),..and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill. 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after. January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, . 19 TexReg 5715, amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) 'REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project miss' be covered by workers'. compensation insurance_ This includes persons providing hauling, or delivering.equipment or materials; or providing labor or transportation or other service related to the project; regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5J2 -440 -3789 to receive information on the legal requirement for coverage, to ver* whether your employer has provided the required coverage, or to report tan employer's failure to provide Coverage." Page 8 of 11 T28S1 I 0.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of ("certificate') - A copy of a certificate of insurance, a certificate of authority to self insure issued by the commission, or a coverage agreement (TWCC -81, TWCC 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor• has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless ofwhether that person has employees This includes, without limitation; independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. 'Services" include, without limitation, providing, .hauling, or delivering equipment or materials; or providing labor, transportation, or; other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons . providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a may very coverage and report lack of coverage. L 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 amounts and fling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44), for all of its employees providing services on the project, for the dui ation of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing sery ices 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 if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain.from each other person with whom it contracts; andprovide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate, of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of on for the duration of the project and for one year .thereafter (6) not the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have .known, of any change that materially affects. the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the cert f cotes of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental. entity that all employees of the contractor who will provide services an the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will he based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions_ K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A - SPECIAL PROVISIONS CONVENTION CENTER AND SELENA AUDITORIUM CONCRETE SPALLING REPAIRS - 2010 PROJECT NO. E10074 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposais /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project_ Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, December 15, 2010. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - CONVENTION CENTER AND SELENA AUDITORIUM CONCRETE SPALLING REPAIRS -- 2010; PROJECT NO. E10074 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non - responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /r presentative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting is scheduled for 10:00 A.M., Wednesday, December 8, 2010 and will be conducted by the City. The location of the meeting will be the Engineering Services Main Conference Room, 3rd Floor, City Ball, 1201 Leopard Street, Corpus Christi, Texas. A site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project CONVENTION CENTER AND SELENA AUDITORIUM CONCRETE SPALLING REPAIRS - 2010; Project No. E10074 base bid recommended improvements consist of concrete spall repairs and other associated repairs or improvements to approximately (20) 2 -ft by 2 -ft exposed aggregate concrete columns on the east side of the Selena Auditorium, (3) exterior staircases on the west side of the building leading to the Convention Center and Selena Auditorium, and (2) exposed aggregate concrete staircases leading to the balcony areas of the Selena Auditorium and Convention Center, including incidental improvements, removals, and adjustments as necessary to accomplish the work in accordance with the plans, specifications, and contract documents. In addition, recommended improvements for several alternate additive bid items have also been included. Approximately 35 LF of epoxy crack injection at the 8 -inch wide exterior exposed aggregate concrete walls have been included in alternate additive bid item 2. Approximately 300 LF (75 CF) of concrete topping at the floor beams between the brick pavers and approximately 30 LF of floor expansion joint have been included in alternate additive bid item 3, and approximately 1800 SF of levelling repairs to improve drainage at the two brick paver locations at the balcony staircases are included in alternate additive bid item 4. All alternate additive bid items include' all incidental improvements, removals, and adjustments as necessary to accomplish the work in accordance with the plans, specification, and contract documents. Section A - SP (Revised 12/15/04) Page 1 of 23 A -4 Method of Award The bids will be evaluated based on the following, subject to the availability of funding: 1. Total Base Bid 2. Total Base Bid 4- Any Combination or All Additive Alternates The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference CONVENTION CENTER AND SELENA AUDITORIUM CONCRETE SPALLING REPAIRS - 2010; PROJECT NO. E10074; as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 90 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee (''City Engineer') to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500 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. Days Allocation for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. A rain day is defined as any day in which the amount of rain measured is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. MONTH DAYS MONTH DAYS January 3 Days July 3 Days February 3 Days August 4 Days March 2 Days September 7 Days April 3 Days October 4 Days May 4 Days November 3 Days June 4 Days December 3 Days Section A - SP (Revised 12/1S/04) Page 2 of 23 A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor, shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non - receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Building Construction. In asc of conflict, Contra ter chall uoc higher wage rate. Vani um Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics Employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These its will also be submitted to the City Engineer bi- weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) Section A - SP (Revised 12/15/04) Page 3 of 23 One and one -half (11) times the specified hourly wage must be paid for all hours worked in excess of 40 lours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperaticei'with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using DIG TESS 1- 800 -344- 8377, the Lone Star Notification Company at 1- 800 - 669 -8344, and, the Verizon Dig Alert at 1- 800 -483 -6279_ For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer LZ V Engineering Eric A. Trejo, P.E., SECB Ramiro Munoz, III, P.E. Traffic Engineering Police Department Water .Deceit Wastewater Department Gas Department Stone Water Department Parks & Recreation Department Streets & Solid Waste Services AEP S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCam (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A-12 Maintenance of Services 826 -3500 883 -1984 826 -3540 886 -2600 826 -1881 826 -1800 885 -6900 826 -1875 826 -3461 826 -1940 881 -2511 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -4355 (826 -1888 after hours) (826 -1888 after hours) (885 -6900 after hours) (826 -1888 after hours) (826 -1970 after hours) (1 -877- 373 -4858 after hours) (1- 800 - 824- 4424,after hours) (826 -1960 after hours) (857 -5060 after hours) (Pager 800 -724 -3624) (Pager 888 -204 -1679) (Pager 850 -2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground: The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground Section A - SP (Revised 12/15/04) Page 4 of 23 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 (NOT USED) impact on the acccaaibility of the plant operations and public. This may include, but io not limited to, working driveways in half widths, construction of temporary ramps, etc. Thc Contractor shall comply with thc City of Corpus Cliriati'c Uniform Earri ceding through thc City's Traffic Engineering Department. Thc Contractor Shall secure tho necessary permit from thc City's Traffic Engineering Department. 7111 coots for traffic control shall be paid for by thc appropriate bid item in the Proposal. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job- related materials. Such work must be completed without any increase in the. Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals (NOT USED) Thc excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt i3 defined as dirt that is capable of providing a good caliche-, asphalt, cencrctc and any other material that detracts from its appearance or hampc a the growth of grass. All existing concrete and asphalt within the limits of the Proj•cet must be removed unless. otherwise noted. 7111 necessary removals including but not payment will be made to Contractor. limited to pipe, driveways, sidewalks, ctc., are A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. Section A - SP (Revised 12/15/04) Page 5 of 23 A -17 Field Office (NOT USED) at the conetruction site. The fi-cl officc must contain at least 120 squarc fcct of day answering service} and FAX maehne paid fer ley the Contractor. Thcre is no scparatc A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALENDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals_ 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering, Services (City Engineer) may withhold and deduct from monies otherwise due to the Contractor the amount of liquidated damages due to the City from the monthly pay estimate. Days Allocation for Rain The contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days Completion shall be based on satisfactory work, completed, tested, in accordance with the plan, specifications, and contract documents and connected, to the existing system, and accepted by the City for the entire project. Certificate of Completion Section A - SP (Revised 12/15/04) Page 6 of 23 The requirements to issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List): (1) Final inspection (Contractor shall have red lined set ready to submit to City with all corrections /notes - Engineering Services to coordinate As -Built plan preparation with A/E Consultant). (2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector /Engineer verifies that all .submittals, payrolls, Inspection Reports, As- Builts, O&M manuals (in electronic format as required), SCADA documentation, and other Field Information are complete. (4) Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. (5) Final estimate reviewed by City Construction Engineer. (6) City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. (7) Final payment checklist: (a) Affidavit that all bills have been paid, "Waiver of Lien" (b) Submittal of all remaining payrolls (c) Submittal of MBE letter on what Contractor has actually subcontracted through end of project (d) If CDBC project, all federal forma completed and submitted (8) Final Acceptance Memorandum prepared by Administrative Assistant (9) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork (10) Administrative Asst. submits to director of Engineering Services /Operating Department Head for approval and forwarding to Asst. City Manager (11) Final Acceptance memo returned from Asst. City Manager (12) Authorization for payment (AFP) prepared and submitted to Accounting Department (13) Contractor receives final payment after City Council (if required or Asst. City Manager accepts project. (14) Administrative Asst. sends letter to Contractor informing him or her when one -year warranty date begins (Acceptance Memorandum). City acceptance of the project will be described in an Acceptance Memorandum to the Contractor. The warranty will begin on the date that the Acceptance Memorandum is issued to the Contractor. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major con-t.re -s and twe (-2) -ec marks rcqu red for project layout, will be provided by thc 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 paint or bench mark, thc control points can be established by thc City er Consultant Project Eig4necr as necessary, at no post to thc Contractor. Control penis or bench marks damaged as a result of thc Contractor's ncgligcncc will be restored by thc City or Conoultant Project Engineer at the expense of the Contractor. Section A - SP (Revised 12/15/04) Page 7 of 23 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, thc purpose of adjusting va veo and marhelea at the eewplction 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. R.P.L.S. shall be approved by the City prior to any work. Any disenepancics shall be noted by the and certify compliance to any regulatory permits.. Wastewater: • All rim /invert cicvation3 at manholes; • All intersecting lines in manholes; • Casing elevations (t p of pipe and flow line) (TXDOT and. RR permits), Water: • All top of valves hex, • valves vaults rim; Ctormwatcr. • All rim /invert elevations at manholes; A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs (NOT USED) Thc Contractor must furnish and install 1 Project oignc as indicated on thc following drawings. (Attachment 1) Thc signs must be installed before construction begins and will will be determined in thc field by thc City Engineer. Section A - SP (Revised 12/15/04) Page 8 of 23 A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican- Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. •Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least Section A - SP (Revised 12/15/04) Page 9 of 23 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0%'interest, shall be deemed equivalent to having minority participation. in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. ,d 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. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. Section A - SP (Revised 12/15/04) Page 10 of 23 A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate- an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption (NOT USED). substituted in lieu thereof. operatc under a separated contract as defined by Ccction 3.231. of Chapter .3,- ---Tax other rules or rcgulationc as may be promulgated by thc Compt eller of Public Accounts of Texas. If the Contractor elects to operatc under a separated contract, he shall: 1. Obtain thc necessary sales tax permits from thc Ctatc Comptre -1e. 2. Identify i211- the appropriate space ea the "Statement of Materials and Other Charges" 3. Provide resale ccrtifi atcs to suppliers. 1. Provide the City with copies of material invoices to substantiate thc proposal value of materials. If thc Contractor does not elect to operatc under a separated contract, he must pay for all Sales, Excise, and U3c Taxes appligablc to this Project. ZZ with the above requirements. The Contractor must issue a resale certificate to the subcontractor and thc subcontractor, in turn, issues a resale ccrtifi atc to his supplier. A -26 Supplemental Insurance Requirements Section A - SP (Revised 12/15/04) Page 11 of 23 For the the each insurance coverage provided in accordance with Section B -6 -11 of Contractor shall obtain an endorsement to the applicable insurance pol insurer, stating: In the event of cancellation or material change that reduces or insurance afforded by this coverage part, each insurer covenants written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 the Contract, icy, signed by restricts the to mail prior 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents_ Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy_ The City need not he named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 —. (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims (NOT USED) 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 "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the Section A - SP (Revised 12/15/04) Page 12 of 23 preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's Obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term.of the Contract; such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration. of Contract add the following text: Within five (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; Section A - SP (Revised 12 /15/04) Page 13 of 23 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such. MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project_ This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 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; `J 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as rcquircd by Spccial Provision T 35 --*Z, 1€ applieable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. Section A - SP (Revised 12/15/04) Page 14 of 23 A-32 Amended "Execution of Contract" Requirements under "General Provisions and Requirements for Municipal Construction Contracts" B -3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. (NOT USED) Prior to performing work at any City water facility, thc Contractor, his subcontractors, a .d each of their cmploycco mutt have on their person a valid card certifying their prior attendance at a Visitor /Contractor Safety Orientation Program conducted by thc City Water Dcpartmcnt Personnel. Z Visitor /Contractcr Cafcty Orientation Program will bc offered by authorised. City Water Department personnel for those persons who do not have ouch a card, and who dcairc to perform air work within any City water facility, For addItienal information refer to Attachment II. Thc Centracter dha11 not start, operate, or atop any pump, motor, valve, facility at any time. All ouch items must bc operated by an operator or other authorized maintenance employee-of the City Water Department, C. Protection of Water Quality Thc City must deliver water of drinking quality to its cuotomcrs at all times. coordinate its work with thc City Water Department to protect thc quality of thc water. Section A - SP (Revised 12/15/04) Page 15 of 23 D. Conformity with ANSI /NEP Standard 61 2111 materials and equipment used in thc repair, r assembly, transportation, .Institute /National sanitation Fenndation (24 FSI /NSF) Standard 61 the standard Specifications. as described in Such materiala include all eolvente, clean, gaokcto, thread compounds, eoatingo -, or hydwai].ic equipment. Thcae items muot not be uocd ANCI /NSF Standard 61 approval for all materials which could come into contact subcontractors, must be eontaincd at all times at thc water .facility site. at all times and remove all trash daily. CONTRACTOR'S ON SITE PREPARATION telephones are not available for Contractor uao- own sanitary facilities. J. All Contractor vehicles must be parked at designated site, as designated by "- City Water Dcpartmcnt staff. All Contractor vehicles must be c1 arly labeled with company name. No private ampleyee vehicles are a1lewed at O. N. Stevens Water Treatment L'lant. All personnel must be is eempany vehicles. During arca nor wander through any buildings other than for required work or as directed by City Water Dcpartmcnt personnel during emergency evacuation. Y. Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION) only by qualified technical and supervisory personnel, as determined by mcct g the qualifi ations 1 thru 9 below. This work : n.s, but is not limited to, _--, connecting, programming, e- temising, debugging, alibrating, or placing in operation all hardware and /or software specified or required by these specifications. ablc to demonstrate thc following; Section A - SP (Revised 12/15/04) Page 16 of 23 1. IIe io regularly engaged i m the computer ba3cd monitoring and control 3. wantcwater induotry. He hco performed work projccto. on oyotcros of comparable wise, type, and at least 5 y aro. 4. He cmployo a Registered Profcsoioxal Enginccr, a Control Cyotema Engineer, or an Electrical Engineer to supervisc or perform thc work required by thin opccifi ations. s. manufacturer's training couroc in configuring and implementing the opccific computcr3, RTUC'3, and ooftwarc propoocd for the Contract. 6. IIe maintains a permanent, fully staffed and equipped service facility within 1049 miles of -thc- Project 3itc to maintain, repair, calibrate, aerogram thc oy3tcmo opccificd herein. thc maximum practical extent. Where thin is not practical, all equipment of a given type will bc thc product of one manufacturer. uocd in evaluating which Contractor or oubcontractor programo the new work for this Project. 3. The Contractor shall produce all filled out programming blocks required to -ohow the programming as needed and required, to add these two oyotcmo- to the existing City CC?DA oy thc required programming blocks which thc City rcquirco to bc filled in and given to thc City Fx3ginecr with all changco made during the L. Trenching Requirements All trenching for this project at thc O. N. Ctcvcno Water Tr tmcnt Plant shall be performed using a backhoc or hand digging duc to the number of cxioting project. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. 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 Section A - SP (Revised 12/15/04) Page 17 of 23 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 for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. J• Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Fished by the City" NOT USED "Thc Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "-PL:m.9. This i e1 des implementing water conoeation Plan to Contractor at the pro construction meeting. The Contractor will keep a copy of tho Plan on the Project site throughout construction." A- 38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors `B'" are incorporated by reference in this ``- Special Provision. Section A - SP (Revised 12/15/04) Page 18 of 23 A -39 Certificate of Occupancy and Final Acceptance (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates (NOT USED) paymcnto will bc calculated will not include the net invoice value of acceptable, non City Engineer with documento, oatiofactory to the City Engineer, that Dhow that the A -41 Ozone Advisory NOT USED advioory hap been ipaucd, except for rcpairo. The City Engineer will notify Contractor about ozone. alert. If a delay ouch ap thio io experienced, the day will not bc counted ao propooal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -G -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or material man. Section A - SP (Revised 12/15/04) Page 19 of 23 A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.).. This breakdown information shall be submitted by contractor as a basis for the price of the change order_ A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of highly Chlorinated water (7/5/00) NOT USED particularly high lcvcic of chlorine, will bc used for dioinfcction, and may exceed the arc regulated by numerous agcncieo ouch ao TNRCC, EPA, ctc. St will be thc Contractor's responsibility to comply with the requircmcnto of all regulatory- agencies in the dispooal for approval_ There shall bc no separate pay for disposal of highly chlorinated water. water. A-47 Pre - Construction Exploratory Excavations (7/5/00) NOT USED the project and Contractor shall survey thc exact vertical and horizontal location of ch crooning and potentially conflicting pipclinc. of thc project, Contractor shall excavate and expose said exiting pipclinc at a maximum of 300 feet O.C. and Contractor shall survey thc accurate horizontal and vertical • Contractor shall them prepare a rcpe-rt and submit it to the City fer - thc Owner of pipelines cx avatcd and ourvcycd, as well as the approximate station thereof, distance to thc pavement centerline and elevations of thc top of existing pipelines. asoociatcd with exploratory excavations shall bc paid for according to thc cotabliohcd Section A - SP (Revised 12/15/04) Page 20 of 23 it price of pavement patching. Contractor shall provide all hie own ourvcy work effort A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires_ There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP and inform AEP of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract." A -51 Errors and Omissions The Contractor shall carefully check these specifications and the contract drawings and report to the Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. If errors or omissions are so discovered and reported before the work to which they pertain is constructed and if correction of such errors or omissions causes an increase in the Contractor's cost, the Contractor shall be compensated for such increase in cost as provided elsewhere. The Contractor shall bear the expense of correction any errors and omissions on the drawings or specifications, which are not discovered or reported by the Contractor prior to construction and which, in the opinion of the Engineer, could have been discovered by reasonable diligence on the part of the Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with generally accepted practice. Further, it is the intent . of the Contract Documents that the Contractor shall perform all work to complete the project ready for its intended use. Section A - SP (Revised 12/15/04) Page 21 of 23 A -52 Noise Control Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. During construction activities on or adjacent to occupied buildings, and when appropriate, the Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of occupants. A -53 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust_ Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. A -54 Electronic Submittal of Bids The following paragraph modifies B -2 -7 Preparation of Proposal, of the General Provisions: "The bidder has the option of submitting a computer - generated print -out, in lieu of, the Proposal (SHEET 3), INCLUSIVE. The print -out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheet 3. If the Contractor chooses to submit a print -out, the print -out shall be accompanied by properly completed proposal pages 1, 2, 4, 5, and 6. A sample print -out is shown in Attachment 1. In addition, the print -out will contain the following statement and signature, after the last bid item: (Contractor) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no other Information from print -out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print -out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) Section A - SP (Revised 12/15/04) Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT: CONVENTION CENTER AND SELENA AUDITORIUM CONCRETE SPALLING REPAIRS - 2010; PROJECT NO. E10074 OWNER CITY OF CORPUS CHRISTI ENGINEER: LNV, Inc., RAMIRO MUNOZ, III, P.E. CONTRACTOR: SUBMITTAL DATE: APPLICABLE SPECIFICATION OR DRAWING Specification 03300 Specification 03300 Specification 03300 Drawings: Sheet 2 of 11 Drawings: Sheet 2 of 11 Drawings: Sheet 2 of 11 Drawings: Sheet 2 of 11 Drawings: Sheet 2 of 11 Drawings: Sheet 2 of 11 SUBMITTAL NUMBER: SUBMITTAL Concrete Mix Design Certificate of Compliance for Aggregates, Admixtures, Cement, & Fly Ash Materials for Curing and Sealing Concrete Mock -up sample: Concrete Column Repair (Verticoat w/ dye & Tammscoat) Mock -up sample: 3500 psi buff colored concrete for Stairways Mock -up sample: Exposed metal tie repair ( Verticoat w/ dye, match exist.) Mock -up sample: Verticoat w/ dye to match existing (C17, Stairway No 3 Mock -up sample: Concrete -Top Supreme (Color to match existing topping) Mock -up sample: 3' -O" x 3' -0" Brick Paver Replacement Section A - SP (Revised 12/15/04) Page 23 of 23 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 18TH day of JANUARY, 2011, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Delta Prime Specialty Services, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $332,850.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CONVENTION CENTER AND SELENA AUDITORIUM CONCRETE SPALLING REPAIRS - 2010 PROJECT NO. E10074 (TOTAL BASE BID + ADD.ALT.BIDS #1, #2, #3, #4: $332,850.00) 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, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A-26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 90 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 CONVENTION CENTER AND SELENA AUDITORIUM CONCRETE SPALLING REPAIRS - 201.0 PROJECT NO. E10074 Base Bid I II III TV V ITEM QTY Description Unit Price Total 1 1 LS. Mobilization & Demobilization, complete in place per Limp sum fir -.0'1 MO $. 5 ect> 2 1 Ls. Concrete Spall 'Repairs at approximately. OM columns on he east :side of the Selena Auditorium (.Approx- 27 CF of repair material required), approximately (5) bolUmna at the Convention Center (ApP.rox ?,' CI' Of repair material required), : and (1) Wall Adj acerit to the. Selena Aliditoriut Box Office (ApprOXJ.: 1.4 qf Of repair Material required). (Repairs as indibated an Drawings.) 1 Of TW . 47 t co 3: . 3115:0 ' CF All Concrete Repairs to Main Stairway, Stairway No 3 and Landings of Stairway NO. 2 at Convention Center (includes' 38:4:0 CE of. 3500 psi concrete and 1.0 CF of Type 2 repairs. Repairs aS indicated on Drawings.) i $ In I F25 4 1 LS Type 2 and Type 3 conrete Repairs: to Balcony Staircases NO. 1 and lio. 2. (Repairs as indicated on Drawings.) 476, ow f $ go oco • 1 TOTAL AS BID: $ 55; (Bid Items 1 through 4) Proposal Fore Page 3 of 8 Additive Alternate Bid Item 1 I II III Iv v ITEM QTY Description Unit Price Total Al 10.0 CF Concrete Spall Repairs at Selena_ Auditorium Columns - Work generally consists of any additional concrete repairs to the Selena Auditorium columns listed in the base bid that may arise or become apparent dUring construction. Price shall include. tqtal materials, labnr, and equipment needed for inStallation of concrete repairs as. described in drawings. 41i2 5 ..s viz5 Z5 . TOTAL ADDITIVE ALTERNATE BID ITEM 1: (Additive Alternate Bid Item Al) Additive Alternate Bid Item 2 I II ItI IV V :ITEM 02Y Description UW:t Price .T.07t41 A2 35.• LF 'Crack Injection at Concrete Walls : at -Convention Center - Work consist* of epoxy crack injettion to the exposed Aggregate concrete wall/guardrail around the perimeter of the-ConventiOn Center in the project areas shown in the plans. Price shall include total materials, labor, and equipment. needed for installation of epoxy crack injection as described in drawings. 4 35 $ 2 19r 1 . TOTAL ADDITIVE ALTERNATE BID ITEM 2: (Additive Alternate Bid Item A2) Proposal Form Page 4 of 8 $ -I575 Additjve . Alternate Bid Item 3 TOTAL .ADDITIVE ALTERNATE BID ITEM 3 (Additive Alternate Bid •Item. A3.) Additive Alternate Bid Item 4 I II III IV .V ITEM QTY Description Unit Price Total A3 75.0. CF Repairs to Concrete Topping /Floor Expansion Joint at Convention Center - Work generally consists of repairs to the concrete topping at the concrete floor beams. between the brick pavers, and one expansion joint, as shown on plans. Price shall include. total materials, labor, and equipment needed for repairs to concrete topping and floor expansion joint at the Convention Center as described in drawings. 410 J c $ 11 loo TOTAL .ADDITIVE ALTERNATE BID ITEM 3 (Additive Alternate Bid •Item. A3.) Additive Alternate Bid Item 4 I II III IV v ITEM QTY •Description Unit Price Total. A4 18.00 SF Repairs to -Brick Paver Un- levelness at Balcony Staircases No. 1 and No.. 2 - Work generally consists of removal of existing - brick pavers, removal and re- application of thin set grout to provide positive drainage. toward existing scuppers, and replacement of brick pavers.. Price shall include total materials, labor, and equipment needed for repairs to brick paver un- levelness at Balcony Staircases N0. 1 �� ��� � and No. 2 as described in drawings. $ ► TOTAL ADDITIVE ALTERNATE BID ITEM 4: (.Additive Alternate Bid Item A4) am SUMMARY Total Base Bid (Items 1-4) Additive Alternate Bid 1 (Item Al) Additive Alternate Bid 2 (Item A2) Additive Alternate Sid 3 (Item A3) Additive Alternate Bid 4 (Item A4) Proposal Form 'Page 5 of 8 $ 54 00 $ Z55 I Z5 $ `x.2-5° Z,995 $ lj 1100 $ , lioo ATTEST: City Secretary APPROVED AS TO LEGAL FORM: By: Asst. City Attorney ATTE7 T. (S -al :4 low) If Corporation) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRISTI By: (JZ2 77 Juan Perales, Jr., Assistant City Manager Engineering /Development Services By: L.Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Delta P`riime- Specialty Services, Inc. B GAS%- ► 1n3a�.� -� 4 k{i c, Title: 4c . P.O. BOX 10423 (Address) CORPUS CHRISTI, TX 78460 (City) (State) (ZIP) 361/289 -5574 * 866/801 -4139 (Phone) (Fax) NOD i 1 O. AUTH0RZL dY Page 3 of 3 Rev, Jun -2010 SECRETARVMI. PROPOSAL F O R M. F O R CONTENTION. CENTER AND SELENA AUDITORIUM CONCRETE S PALL INO REPAIRS -- 2 01.0 PROJECT NO. E10074 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI., TEXAS Proposal Form Page 1 of 8 7 PROPOSAL Place.: CAVA (..t10 Uuroti. Date: MI° Proposal of ThkVn(vL euo}hJ S-ervt4lift, a Corporation organized and existing under the laws of the .State of --1--to OR a Partnership or Individual doing business as. TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and Inaterials, tools, and necessary eq0ipment, and to perform the work required for CONVENTION CENTER AND SELENA. AUDITORIUM CONCRETE SPALLING REPAIRS - 2010 PROJECT NO. E10074 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- _ wit: Proposal Form Page 2 of 8 CONVENTION CENTER AND SELENA AUDITORIUM CONCRETE SPALLING REPAIRS - 2010 PROJECT NO. E10074 Base Bid ± /I ' III IV ___ __....... v ITEM QTY Description Unit Price Total 1 1 LS Mobilization k Demobilization, complete- in place per ltmp sum I 2 1 LS Concrete Spell Repairs at approximately (19) columns• on the east :side of the Selena ftaitQwuM (i3Plaix. 27 CF of repair material requirea), approximately (5) olimns at the Convention Center (ApPpox.: 1:,1. CF of repair Material requied),. and (1). Wall Adjacent to the Selena AUdi•oriut Box Office (Approx. 1,4 CF Of repair Material required). (Repairs as indidated 06 .Drawings.) qq, ?co 3, 3.85.0 - CF All Concrete Repairs to Main Stairway, 'Stairway No. 3 and Landings of Stairway NO. 2 at ConventiOn center (includes' 38.4.0 CF of. 3500 p6i. concrete and 1.0 CF of Type 2 repairs. Repairs as indicated on Drawin4s.) #3115 $ / 32. ?Z 5 i 4 1 LS Type 2 and Tie 3 Concrete Repairs: to Balcony Stair6ases lo. 1 andNo. 2. mopairs as indicated on Drawinqs.) if/ 100° go MD TOTAL BASE BID: • $ Z55 /z... 5 (pid Items 1 through 4) Proposal Form Page 3 of 8 r-^ Additive Alternate Bid Item 1 1 II III Iv v ITMA QTY Description Unit Price Total Al 10.0 CF Concrete Spell Repairs at Selena Auditorium Columns - Work generally consists of any additional concrete repairs to the Selena Auditorium columns listed in the base bid that may arise or become apparent during constrUction. Price shall inCluda total materials., labor, and equipment needed for installation of concrete repairs as. described in dramings. 41q05 . - , z5e) / TOTAL ADDITIVE ALTERMATE BID ITEM 1: (Additive Alternate Bid Item A1) Additive Alternate Bid Item 2 I il III IV v ITEM QTY Description Unit. Price ... ___ A2 35,a LP :rack InjectiOn at Concrete W4110 at Convention Center - Irlotaetiet4iiy .con.ist$. Of eptgy .crack injection to the :exposed Aggregate concrete wall/guardrail around the perimeter of the Convention Center in the project area shown in the plans. Price shall include total materials, labor, and equipMent needed for installation of epoxy crack injection as described in drawings. 4 35 $ z 19r , TOTAL ADDITIVE ALTERNATE BID ITEM 2: (Additive Alternate Bid Item A2) Proposal Form Page 4 of 8 Additive Alternate Bid Item 3 I II III IV V ITEM QTY Description Unit Price Total A3 75.0. CF Repairs to Concrete Topping /Floor Expansion Joint at Convention Center - Work generally consists of repairs to the concrete topping at the concrete floor beams. between the brick pavers, and one expansion joint, as shown on plans. Price shall include. total materials, Iaborr and equipment needed for repairs to concrete topping. and floor expansion joint at the ..Convention Center as described in drawings. f iir $ jt Jex) r TOTAL ADDITIVE ALTERNATE BID ITEM 3: (Additive Alternate Bid Item A3) Additive Alternate Bid Item 4 T II III IV V ITEM! QTY Description Unit Price Total A4 18.00 SF :Repairs to Brick Paver On- levelness at Balcony Staircases No. i and No.. 2 -- Work. generally consists of removal of existing hxick pavers, removal and re- application of thin set grout to provide positive drainage. toward existing scuppers, and replacement of brick pavers. Price shall include total materials, labor, and equipment needed for repairs to brick paver un- levelness at Balcony. Staircases No. 1 and No. 2 as described in drawings. f 55 $ �1? TOTAL ADDITIVE ALTERNATE BID ITEM 4: $ 51140•9 (Additive Alternate Bid Item A4) HID SUMMARY Total Base Bid (Items 1 -4) Additive Alternate Bid 1 (Item Al) Additive Alternate Bid 2 (Item A2) Additive Alternate Bid 3 (Item A3) Additive Alternate Bid 4 (Item A4) Proposal Form Page 5 of 8 $ i55 112,5 $ Z50 $ ?)195 $ 11 I to° $ 59 i y/O The undersigned hereby declares that he has visited the site and • has carefully examined the plans, specifications and contract documents relating to the. work covered by his bid or bids., that. he agrees to do the work, and that no representations made by the City are in any sense a warranty but are Mere estimates for the guidance of the Contractor. Upon notification of .award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this .contract and a Payment Bond (as required) to insure payment for all labor and mate.riai;s . The bid bond attached to this proposal, in the amount of 5% of the highest •amo:unt 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 c.aused thereby. Minority /Minority Husines•s :.Enterpris.e Participation The apparent low bidder shall, within five .days of receipt of bids, submit to the City Engineer, in writing; the names and..addre.sses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation `purpose. Nunilier of Signed Sets of Documents; The contract. and all bonds will be prepared: in not less than four counterpart (.c rig:iha.l signed) sets.. !dine of Co0p1,.et°ion t The under:s fined agrees to complete the work within c,aiendax days from. the date .de ignated by a Work Order. The Under°sign.ed further declares that he will provide all necessary tools and apparatus, do all. the work and filrniSh all materials: and do everything required to carry out the above mentioned work covered by this :propos-al., in strict accordance with the contract documents and the requirements p.e.rtaining the:re.to, for the sum or sums above .set forth. Re.ce`pt1 of the following addenda is acknowledged (addenda r�.umbex:) 1 (.1,1 Respectfully submitted: Name: �► �� o 'ty���'� By: (SEAL -- I.F BIDDER. IS (SIG T - ) a Corporation) Address: P v Os io41 (F.0. Bo (Street) , M51 T 0 (City) (Stale.) i (Zip) Telephone: l" t NOT8: bo not detach bid from other papers. Fill in with ink and submit complete with attached paper's.. Proposal Form Page 6 of 8 (Revised August 2000) • &ond :.::No. `OKC60889 DF;` TEXAS: <: 11+i :- :ALL.. BY 'L'HESE PRESENTS : • COUNTY::?: >:OF ::::NUECES::::`: .......................:..:.: • • THFiT: Irelta Prime::;.;:5 eci:al.i Servsces I c. NLEO: o'ii :t : :..:.> :`;;;.:> Texas, hereinafter ca;llcd:: ••;••:•••••.' n. pal , .. ari . Au�e. can afety ng anY a:cor:;;::c:r °aio:n :;: o axi.;zcs::unde.t �: airs:.:: of: :...:he:::_Sta:t,e:.::'.o: .;:and d.u.l� autn;o.._iad to.. do bus.iness th': t. as hereinafteez; :c:cllecx 5u�et are held . and..:f:�:.rnrY: bofr�d : u�itc` -;the '` ;; y y • City, of Corpus Christi, a muinicip`al corporation of Nueces County,' • ..:3::exa:::::::h. ee na.£ te. r. .:call.e:d.:::-- ::G>t .::....: ...::. ano:....tzn �o ....a1.1:.....ex-s�....: ,:..:.::.... 5..:.:a!�c€ ..:....:....::..:......... in r Is::: =:za::. ros.ecut; .on...::: o:: !; t e; uox'por.��,ions. sup;plY -�?q l;abc�r... anc� .mate, is p work �eierr.ed t :o �r;�::. the; attached:: conract, iri the �. sum of • ...T.: HVN RED THIRTY TWO TTHC US: D , i:IGBT HUt+ nRED FI T AND • .N7....:/.'.!..:,-:: O ( 3 , 85O OO) uOLLr�.y£ S, lawful money of tic On . eed :States, to b paid: in ;;Nueccs: County,:, Teas., for : t.•he gayxnent of•: which ` sur well .:.::.....: .... �..,�e.s........ our. .. he: �_ s ::.....e,�e.c,.t:�rs.::;::: >`:: a rul:; .> 4:1 -1; &, .....made..:.... -, -'' b:Inct:::::..: csxl --.t1 ........� ................:..::...::.::..:,...........:....:. .:.......................: .............::....... n...�.:..:... n: d::::.:: : ecesso. r: s:.. ....o.znt_........,.,.ar,d.:... _ s. evera� I.:� .:...:.:..........rrn�.;: ; ::b....::::::.:::;: adm n.�s�rat „rte. a � 7:.:.. Y Y these presents,: : • SHE CONDITION OF THIS OBLIGATIQN IS SUCH THAT:° Whereas,' the Y i. ::...of.:.:C.o:r as.:.:. • ;..:::.:: -a�].: ::red �:a.o`=:: ='a ; �:.::: er .:.taa- n...con��.ac.C�....w -th, the:.:..,. C,, t. y..:._, .....:...:::..::.:.:: i?...:.. :...:..::.......:.: :.:.,.,..,.. • prncip to. c . day .71A2$UARY :” , 20 I1 a, :copy of rah .rh is• �h��st� dared the 18TH � hereto • attached; ane made a past he eo ,< for.; t];ie construct on' ONVEI�iTION..: CEN.T:ER.;..:.$,ND.:. SELEI A AUDIT4' RTUP�% .....:..:...... .:.:...:. .;.._ ...::. <....;...;;.,.....:::: CO CP.Eti'E SPALLING <REPAI: ,- .2010. '` PROU!E?CT NO. E10074 (TOTS; s'3ASE BID + FDD,. ALT . B DS #,l , #� ► #3 j,# - 332 , 850 .Oo : : NOW, �REFORE, if' ,:the p inc pal `: shall, faithfully perform[ •its • duta.es and .make prompt :pay rent, to a] l persons, :firms.,. subaoritractors, corporations and claimants supplying . l•atbor acid : znaae:ris.1.......: ?...the..:....:.. roe. ti.on.. o e... <.. ork ;.: gr.... r de:d.. f:or.,' n.... said ..::�:. >.' ...:::......:. P . contract ard, am and all dul r autrorized rnodifa.catron et, said ::..:........ ...:.t. at..::ma:.:..n.ere.:: af'... er:.:: be:::, na: �i e..::. r�t?t�c: e.... o. �:::. w. h�.: e: h_:::rtQd:a..;f.....�.a:t..:.. are.....:..':...:..:......:. co�t�ract h , : Y :. : � . , to the:' .yt r�';,'y. is ° h.ereby : expressly :waived. then t.h.rs :` obl gati:on s ail ;be :void, o.th.e•rwise `.to remain; in fu] i :forc and: of ="ect:•' : :::.....:.. PROVIDED' Fi RTBER, : that z any legal a:ctio be 'filed , upon this bond, venue; sha.l;l li'e in .Nuecess Cointy� Teg.as; • Rri t o said surety for: ualue roc ive ,`,h r by sti.pulates::that rio:: change, ,extension oaf :timer alterat:zon :or add t-i'cn to •'the•, °termer,': of the;:::. cont:r"act," or :t' t o weak performed theeunder, •:or 'the plans, •::':`: >``.......:.:..`. ..:sare.'.....shal.l ice:;..:. � f ca .; :QnS.: d:rn et: .. . . , .....:.:. .. . .... . anywise affect.. its obligation an this bond, and 'it does hereby ra`�:ve hoti >e cf; any such r..hannge, extl:ensian . of. time, alterat.i:on :or' •addit.].ph to the .e�rins • °of. tai contract, or . to 'the; wor7 to , :be : it ed ;t he're:un'de'r' ;:::" '. r '.::.::..:;: ?..::.:.:: ; .:::' ....pEr f'e ...... c.-... FaVrent. Boni : p ?. 3 of , RIDER To be attached to and form a part of Payment & Performance, Bond No. OKC608893 , dated the 28th day of January , 20 11 , Issued by American Safety Casualty Insurance Company, as Surety, on behalf of Delta Prime Specialty Services, Inc. , as Principal and in favor of City of Corpus Christi, Texas , as Obligee. Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated as below. It is understood and agreed, effective February 18th, 2011 , that the: ❑ EFFECTIVE DATE ❑ PRINCIPAL NAME ❑ EXPIRATION DATE ❑ PRINCIPAL ADDRESS ❑ BOND AMOUNT ® OTHER Resident Agent of the Surety for the above captioned bond be changed: FROM: GSM Insurors, Travis McDavid — 108 Allstar, Port Aransas, TX 78373 (361- 729 -5414) TO: Kevin Keetch, Keetch & Associates — P.Q. Box 3280, Corpus Christi, TX 78463- 3280 (361- 883 -3803) Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 18th day of February , 20 11 . American Safety Casualty; Insurance Company A.M. DiGeronimo, Attorney-in-Fact ID1008(REV.1/00) si POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. that American Safety Casualty Insurance Company has made, constituted and appointed, and by these NUMBER OKC 608893 presents does make constitute and appoints • A.M_Digeronimn, Michael R. Digenittimo:Of Atlanta, GA its true and lawful attomey-in-fact, for it and its name. place, and stead to execute on behalf of the said Company. as surety. bonds. undertaking and Contra= of suretyship to be given to AV.:0611GEES • provided that no bond or undertelting or contract of suretyship eiacteastiinderthis authority ahaezraledirt amount the sum of *** THREE MILL:MN*** ($3,000,000 .Oa) DOLLARS*** This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company of the 6" day of August:200S. . . RESOLVED, that the President in caner with the Secretary ot any :AsilStant Secretary May appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case. for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bands, undertakings, recognizances. and suretyship obligations of all kinds; and said officers may remove any such attorney-in- tact or agent and revoke any imarer of attorney preview* granted toluctrpersons. RESOLVED FURTHER, that arri bond, undertaking* recog ritrance,.OriUretYstrip °Ng** shelf be valid and binding upon the company when: Cl when signed by the President or any Vice-President and attested and sealed (d a seat is required) by any Secretary or Assistant Secretary or cm) viten signed by the President or any Vice-President or Secretary or Assistant Secretary, and counter-signed and sealed (if a seal is required) by a duly authorized Ittorney.in-fact or agent or (ii) when duly executed and seafed,{1 a seal telequired) by onem more attorney-in-fact or agents pursuant to and within the knits of the authonly evidenced by the power.of atiothey-iSsUed by the Canheny In inch person or persons; RESOLVED FURTHER. that the signature of any authorized Officer inditte seal of the company may be Aced by facsimile to any power of attorney or collimation thereof authorizing the execution and delivery of any bond. undertaking, recognizance. or other suretyship obligations of the Company; and such signature and seat when so used shall have the wave litre ewt.epects thoughwarivally axed. IN WITNESS WHERE0f, American Safety Casualty Insuranctr.coMpany has caused:Os-emit .seal to be hereunto affixed, and these presents to be Signed by its President and attested by its Secretary this eith day of Auguat. 2008 Ambui Jain STATE OF GEORGIA COUNTY OF COBB ) ) . . • Joseph D. S = P zt. 1,;•;%'••• • .s • On this fr day ofAugust.201I9.. before me personally came Josepht 0. St*, Jr.. to me known. being by me duly sworn, did depose and say that he iS the President of Afnedan Sal* Casualty InUtfaricaCoritparlY, the COrporatiorklesiMbed krandertilth executed the above instrument; that he knows the seal of the said corpora*); that the sea) afforettiothe said inaPament is such corporate la was so gram, by biter ot the Board of Directors of said corporation and that he signed his name thereto by like order. JANIBAILRY *Amy relic. Rad Ca, GA Ih Conuneslon Blares Aug, II, 2012 I, the undersigned, Secretary of American Safety Casualty Insurance Cokopany, an Mebane Orporaticat, 00 HEREBY CERTIFY, that the foregoing and attached Power of Attorney remains in foil face and twa not been revoked: and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Adorney, is now in force. Signed and sealed in the City of Mama, in the State at Georgiatz„,,,,,,r4r:f..,-4..y.t.,,, Dorsiiiithts .day ta February, 2011 1,i. PA:kit Nkl - " .;r'ir • Alf -tistaamm: rail a ,` rc s«- .s- :tab ;.0 3UN•• -.. F' "NEIL "':....` :::: • e'('+ . TN.AT Delta � Prime_... ,.. ecial :ty ;.Se�rvices,��,,,,'••�:-,,:Inc.: :�iof :.:N/�U,.ECES C:oun y Y e . ,-, h ere it 3 f t e r �..a tyi.: Y i t �.p .1: 1e , ::a . nd .�{-5kib"..ricar.-:: Safety Casually Ii u ante t., t�. :... io ::.:.:_ .: e :..': :E fhe::. :.la.s a::.o ::::the te••:•:of:• okmh :...:..: : .....: . . Go; � ::..9�a's..1,OP.:.,..�.�;.. a'�.IYy.ZE_C�:..ti,ki�. �.:......... � nk. lahnma ................... .....�....:.................... a . d....- : : : : :.. u:7. :y :E::...aat..rc�r.:, •7,_.d.: t.a.:.. do.:: b�.s:._:_ess:..:.:.. a n:.: ?e.:.:.:::St:at. ;.:..:o : T :: • n d.. he. re:. a, rate• r:':: cal�:e:d:...:':.�u:r:e- �:::::,' :::::..a;:e .. #._e:3..c�:.. a.nd::firnp�...: pp.u,_d:.::::�?n110. ... the :::.............::.::...: ..:..i:...:.: : :: : :: .:; .rp ...::..::. :r .. ...:.....::.:..:-i a .: ......:....r: �.: ron: of : - N:ae:ces :: >Coun t.. ':. � >::::: :: :' • C: i; �:...:.::.,: o: f:.:.;:_ Carpr� ,s.,......C;.h:�ist.i: >:....a .. mur,:, c, i. pa3..... corpp.._ a. t :..:.... ...::.:.........:...: ::.:.::...:.:..:: �? :..:..Yr..:..:.:........: ...: Y Teas, r hereY a '.tex called "C� 4y'.'; irn: it:he: r.eraa y sum o.f THREE _ EUN iPED :THIRTY . 'GWQ TF�OUSAND: r ..... E IG €T HUNDRED 'I .AND 10/3.0O {$332 $50.00) DOLLARS, lawful: mori:ey of th:e On ted States, :'ta e ::::.:.:....:..d M�:':'I e:c.as.:::Fo.u01.' ...T..� ;as ...... 'a.r.;:.Fhe a. m'en:t :.: ::0:t. :: t : 01'.::s:4 .::: re.J;7::.::::a:re3;. ::: - r��:.7. ` : t0 .- . be <; mao.e W.Ee ;::: b -a.rxd , ;..our elv:6 . o�,�.. ..heirs, exe.c�to�s, r .t.o� s... anct.:. :.. success :o;rs:...:.:..:: o:r:nt1: an!d': s:eve:ra_ly.,..........f. rml ..:.:...b:- ::':: : "' : AMERICAN SAFETY INSURANCE POWER OF ATTORNEY On tie. fr day of Aulurt, 2709, . tetra nee personify cane ibiteri ! $Ctl4> Jr„ t4 me krinenvertio, Ming bf duly sworn, dxi depose and say that he is NUMBER OKC608893 KNOW ALL MEN BY THESE PRESENTS, that American Safety Casualty Insurance Company has made, constituted and appointed, and by these Presents does make, constitute and appoints A.M. Digeronimo, Michael R. Digeronimo of Atlanta, GA its true and lawful attorney -in -fact for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertaking and contracts of suretyship to be given }o provided that no bond or undertaking or contract of suretystilf a eB ed under this authority shall exceed in amount the sum of * ** THREE MILLION * ** ($3,000,000.00) DOLLARS* ** This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company of the 6th day of August, 2009. RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attomeys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bands, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in- fact or agent and revoke any power of attorney previously granted to such persons. RESOLVED FURTHER that any bond, undertaking. recognizance, or suretyship obligation shad be valid and binding upon the company when: (i) when signed by the President or any Vice - President and attested and sealed (if a seal is required) by any Secretary or Assistant Secretary or (ii) when signed by the President or any Vice- President or Secretary or Assistant Secretary, and counter - signed and sealed (if a seal is required) by a duly authorized attomey -in -fact or agent or (iii) when duly executed and sealed (if a seal is required} by one or more attorney-in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance. or other suretyship obligations of the Cornpany; and such signature and seal when so used shall have the same force and effects as though manually affixed. WTTNESS tit ,.0 Amalfi= Safety Comity Risk/arse t Career has arused ofiloied seat to be hereunto , end ttrese presents Eo be signed try its Preeident and attested by its Secretary this S" day of AUQust, STATE O COUNTY OF C ) the Prasdsrd of Aceeeri= Safety Casualty ktederipetcrairanir, rbe *palter d in and -white tied the above instrument, shat ize '47""Wa roe neat of the said eo pcorron: that tt* seal And tri.ere solid h11►unert is s catpccaea .SS* Tnat is *,van 511 after by crow' of to Board of £Mara of said crapcfalicn and that he signed #'is by lite to artieesionid, Secretary d MAertean SafNy and wed Pfter sot Moray tameless in RA fate in etEl :mss =sz Poorer of Malay, is OW in form s d: stet seetea in to City of Manta, In ter Skate t# OA A 2012 an ca and DO Y ibiosttitri co January, 2011 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P,O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No #E10074 Convention Center and Selena Auditorium Concrete Spalling Repairs 2010 Surety Company: American Safety Casualty Insurance Company Bond No. 0KC608893 Ladies/Gentlemen: 1, Larry Howard Jr, Vice President - Surety hereby certify that the facsimile power of attorney submitted by A.M. DiGeronimo for Delta Prime Specialty Services, Inc. , a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is •currently in good standing with the surety. in the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P,O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this 2nd day of February , 2011. American Safety Casualty Insurance Company,, Nam Title: Larry Howard Jr., Vice President - -Sufet ; Sworn and subscribed to before me on this 2nd day of February (Revised.21101. Nota Public State •f Georgia My Commission Expires:_. ust Samole Form PAYMENT BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Delta Prime Specialty Services, Inc. of NUECES County, Texas, hereinafter called "Principal ", and a corporation organized under the laws of the State of and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of THREE HUNDRED THIRTY -TWO THOUSAND, EIGHT HUNDRED FIFTY AND NO /100 ($332,850.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 18TH day JANUARY 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: CONVENTION CENTER AND SELENA AUDITORIUM CONCRETE SPALLING REPAIRS - 2010 PROJECT NO. E10074 (TOTAL BASE BID + ADD.ALT.BIDS #1, #2, #3, #4: $332,850.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 --1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney -in -fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 PERFORMANCE BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § ^- THAT Delta Prime Specialty Services, Inc. of NUECES County, Texas, hereinafter called "Principal ", and ,a corporation organized under the laws of the State of and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of THREE HUNDRED THIRTY -TWO THOUSAND, EIGHT HUNDRED FIFTY AND N0 /100 ($332,850.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the _ principal entered into a certain contract with the City of Corpus Christi, dated the 16TH of JANUARY , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: CONVENTION CENTER AND SELENA AUDITORIUM CONCRETE SPALLING REPAIRS - 2010 PROJECT NO. E10074 (TOTAL BASE BID + ADD.ALT.BIDS #1, #2, #3, #4: $332,850.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney-in-fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 Cert ACORD,„ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 1/27/2011 OF INFORMATION THE CERTIFICATE EXTEND OR POLICIES BELOW. PRODUCE: Integrity Insurance Solutions 2050 North Loop west, Suite *110 Houston TX 77018 (713) 682 -8600 (713) 682 -8610 THIS CERTIFICATE IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE INSURERS AFFORDING COVERAGE NAIC # INSURED Delta Prime Specialty Services, Inc. P. O. Box 10423 Corpus Christi TX 78460 I INSURER A: Seneca Specialty Insurance Co A INSURER 8: United States Fire Ins Co. GENERAL INSURER C: Crum & Forster Insurance Co. SGL 3100652 INSURER D: Texas Mutual Insurance Co 3/1/2011 / INSURERE: Fireman's Fund Insurance Co. $ 1, 000,000 S 50,000 $ Excluded COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDt INSRD TYPE OF ISSU E POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDIYYI POLICY EXPIRATION DATE IMM DDIYYI LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY SGL 3100652 3/1/2010 3/1/2011 / EACH OCCURRENCE $ 1, 000,000 S 50,000 $ Excluded X DAMAGE TO RENTED PREMISES (Ea occurence) CLAIMS MADE X OCCUR MED EXP (Any one person) X Contractual Liab. PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: POLICY n dECT n LOC PRODUCTS - COMPIOP AGO $ 2,000,000 B X AUTOMOBILE LIABELO Y ANY AUTO @@@III ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Contractual Liab. 1337291793 3/1/2010 3/1/2011 I ,COMBINED SINGLE LIMIT (Ea accident) $ /1,000,000 X BODILY INJURY (Per parson) $ X BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ GARAGELWBILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ C X EXCESS/UMBRELLA LIABILITY 1 553 093186 5 3/1/2010 3/1/2011 1 EACH OCCURRENCE $ 5,000,000 X OCCUR CLAIMSMADE AGGREGATE 5,000,000 DEDUCTIBLE RETENTION $ tr a $ X $ D WORKERS COMPENSATION AND EMPLOYERS LUUI urr ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? Ir yes. describe under SPECIAL PROVISIONS below TSF- 0001114582 3/1/2010 3/1/2011 X TORY LIMITS OER E.L. EACH ACCIDENT $ 000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000, 000 E.L. DISEASE. POLICY LIMIT . $ 1,000,000 E OTHER Contractors Equip. MXI 93015291 3/1/2010 3/1/2011 Owned Scbd Equip:On File W /Co Rented /Leased Equipment: $500,000 Any One Item DESCRIPTION OF OPERATIONS 1 LOCATIONS! VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 $PECIAL PROVISIONS Blanket Additional Insured applies with respects to the Auto Liability and General Liability Policies. Primary and Non- Contributory wording applies with respects to the General Liability Policy. The Umbrella Policy is Follow Form. Waiver of Subrogation applies with respects to the Auto Liability, General Liability and Worrkers• Compensation Policies. **All as Required by Written Contract. ** A.1. Project # E10074 Convention Center and Selena Auditorium Concrete Spalling Repairs 2010. A.2. The City of Corpus Christi is named as additional insured on all General Liability and all Auto Liability policies. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Engineering Services Attn: Contract Administration P 0 Box 9277 Corpus Christi TX 78469 1 J SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ti DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO AO SO SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) Page 1 of 2 © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 1/27/2011 ACORD 25 (2007/08) Page 2 of 2 POLICY NUMBER; SGL 3100652 COMMERCIAL GENERAL LIABILITY CG 20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: iCOMMERCIAL GENERAL LIABILITY COVERAGE PART �0 SCHEDULE Name Of Additional Insured Person(s) Or Orranizatio<n(s): Location(s) Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT AS REQUIRED / BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage* or "personal and advertising injury" caused, in whole or in }part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: SGL 3100662 / COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: jCOMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations AS REQUIRED BY WRITTEN CONTRACT AS REQUIRED BY WRITTEN CONTRACT 7 Information required to complete this Schedule, if not shown above, will be shown in the Dedarations. Section II -- Who is An Insured is amended to indude as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, In whole or In part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 ® ISO Properties, Inc., 2004 Page 1 of 1 ❑ Crum. &Forster Policy Number 1337297793 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Broadened Insured Status The following are added as Named Insureds to this policy: 1. Any subsidiary which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form. However, the insurance afforded by this provision A.1. does not apply to any subsidiary that is an insured under any other automobile liability policy, or would be an insured under such policy but for the termination of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization you newly acquire or form, and over which you maintain majority interest. The insurance afforded by this provision A2.: (a) Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. (b) Does not apply to "bodily injury" or "property damage" resulting from an "accident' that occurred before you acquired or formed the organization. (c) Does not include any newly acquired or formed organization that is: i. A joint venture or partnership; or ii. An insured under any other automobile liability policy, or would be an insured under such policy but for the termination of such policy or the exhaustion of such policy's limits of insurance. B. Coverage Extensions - Supplementary Payments Supplementary Payments a.(2) and a.(4) in Coverage Extensions (Section II) are revised as follows: L In a.(2), the limit for the cost of bail bonds is increased to $3,000; and 2. In a.(4), the limit for the actual loss of earnings is increased to $1,000 per day. FM 114.0.1263 (2/02) Page 1 of 5 C. Duties in the Event Of An Accident, Claim, Suit, Or Loss 1. Your obligation in Loss Condition 2.a (Section IV) relative to notification requirements applies only when the "accident' or "loss" is known to: a. You, if the named "insured" is an individual; b. A partner, if the named "insured' is a partnership; c. A member, if the named "insured" is a joint venture or limited liability company, or d. An executive officer or insurance manager, if the named "insured" is an organization other than a partnership, joint venture or limited liability company. 2. Your obligation in Loss Condition 2.b (Section 1V) relative to providing us with documents concerning a claim or "suit" will not be considered breached unless the breach occurs atter such claim or "suit" is known to: a. You, if the named "insured" is an individual; b. A partner, if the named "insured" is a partnership; G. A member, if the named "insured' is a joint venture or limited liability company, or d. An executive officer or insurance manager, if the named 'insured" is an organization other than a partnership, joint venture or limited liability company. D. Unintentional Failure To Disclose Hazards If you unintentionally fail to disclose any hazards existing on the effective date of this policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium due to us as a result of these undisclosed hazards in accordance with our filed rating plans. E. Coverage Territory - Short Term Hired Commercial "Autos" The following is added to the General Condition 7. Policy Period, Coverage Territory (Section IV): f_ Anywhere in the world if (1) A covered "auto" of the commercial van, pick -up, or truck type is leased, hired, rented or borrowed for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. We will also cover "loss" to, or "accidentd' involving, a covered "auto" while being transported between any of these places. FM 114,0.1263 (2/02) Page 2 of 5 F. Mental Anguish Resulting From 'Bodily Injury" The definition of "bodily injury' in Section V. - Definitions is replaced by the following: "Bodily injury' means physical injury, physical sickness or physical disease sustained by any person, including "mental anguish" or death resulting from any of these. It does not include mental anguish to any person which occurs in the absence of physical injury, physical sickness or physical disease to that person. For the purpose of this provision, the term "mental anguish' shaIl mean any type of mental or emotional illness or distress. G. Non -Owned Auto Waiver Of Subrogation We hereby waive any right of subrogation against any of your officers, directors, or "employees" which might arise by reason of any payment under the insurance afforded by this policy for the operation, maintenance, use, loading, or unloading of non-owned "autos'. This waiver extends only to payments in excess of other valid and collectible insurance available to the officer, director, or °employee". H. Blanket Waiver of Subrogation When Required U nder Written Contract The following is added to Section IV - Business Auto Conditions, AS. Transfer Of Rights Of Recovery Against Others To Us However, we waive any right of recovery we may have against a person, organization or government entity when you have waived such right of recovery under a written "insured contract' provided such written "insured contract" is: 1. currently in effect or becoming effective during the term of this policy, and 2. executed prior to the "accident" or "Ion; or 3. executed after the "accident" or "loss" if a. the terms and conditions of the written "insured contract' had been agreed upon prior to the 'accident' or "Ioss"; and b. you can definitively establish that the terms and conditions of the written "insured contract" ultimately executed are the same as those which had been agreed upon prior to the "accident' or "loss''. Blanket Additional Insured When Required Under Written Contract Who Is An Insured (Section II - Liability Coverage, Paragraph A.1) is amended to add: d. Any person, organization or governmental entity with respect to the operation, maintenance, or use of a covered "auto" if you are required to add such person, organization or governmental entity to this policy as an additional °insured' in order to comply with the terms of a written "insured contract' or written agreement. This Additional Insured status is not conferred when such "insured contract' or written agreement: 1. involves the owner or anyone else from whom you hire or borrow a covered "auto" unless it is a "trailer' connected to a covered "auto" you own; or FM 114.0.1263 (2102) Page 3 of 5 2. is executed after the date of "accident' or "loss"; Paragraph d.2. above does not apply if a. the terms and conditions of the written "insured contract' or written agreement had been agreed upon prior to the "accident" or "loss"; and b. you can definitively establish that the terms and conditions of the written "insured contract" or written agreement ultimately executed are the same as those which had been agreed upon prior to the "accident" or "loss". J. Physical Damage — Glass Breakage If you carry Comprehensive Coverage for the damaged covered "auto% then this coverage extension !. applies to that covered °auto": The following paragraph is added to A3., Glass Breakage (Section III): Any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. lithe glass must be replaced and there is no other damage associated with the "loss", the deductible will be $.100 unless a lower deductible is shown on the declarations page for this coverage. K. Physical Damage — Increased Temporary Transportation Expense, Including Coverage for Commercial Vehicles If you carry Comprehensive coverage for the damaged covered "auto", then this coverage extension K.1. and K.2. applies if the "loss' results from a Comprehensive "loss', even if the covered "auto' is not of the private passenger type. If you carry Collison coverage for the damaged covered "auto`, then coverage extension K2. applies if the "loss' results from a Collision "loss', even if the covered "auto" is not of the private passenger type. I. Paragraph A 4.a, Coverage Extensions (Section III) is revised, with respect to temporary transportation expenses incurred by the named "insured ", to provide a per day limit of $50 per day subject to a maximum limit of $1,500. In addition, the waiting period is hereby reduced so that coverage will begin 24 hours after the theft. No deductibles shall apply to this coverage. 2. We will pay for necessary and actual additional transportation expenses, including rental reimbursement, incurred by the named "insured" due to "loss", other than theft, to a covered "auto" which is: a. identified or described in the Declarations or Schedule; and b. carries physical damage coverage for the "1 oss' under this policy. This coverage shall be provided without deductible and is limited to $50 per day subject to a maximum limit of $1,500. This coverage does not apply while there are spare or reserve "autos' available to the named "insured." We will only pay for those additional transportation expenses incurred during the policy period beginning 24 hours after the °loss" and ending, regardless of the policy's expiration, when the covered "auto' is repaired or replaced, or we pay for its "lord', whichever is earlier. FM 1 14.0.1263 (2/02) Page 4 of 5 1 Policy Number 1337291793 L. Multiple Deductible Protection If you carry Comprehensive and Collision coverages for the damaged covered "autos', then. this coverage extension L. applies to those covered "autos": The following is added to Paragraph D. Deductible under Section III - Physical Damage Coverage: Whenever a covered "auto" and trailer are each damaged in the same "loss" while operating as a combined truck and trailer unit, only one deductible shall apply to the "accident". The larger of the two deductibles shall apply. If another policy or coverage form issued by us, that is not an automobile policy or coverage form, applies to the same "loss or "accident", the following applies: I. Ifthe deductible under this Business Auto Coverage Form is not the largest deductible, it will be waived. 2. If the deductible under this Business Auto Coverage Form is the largest deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Extra Expense -Stolen Vehicles The following is added under Paragraph AA.a. Coverage Extensions of Section III - Physical Damage Coverage: We will pay for all reasonable and necessary expenses to return a stolen covered "auto" to the named insured if such covered 'auto" carries Comprehensive coverage. N. Extended Towing Coverage Ifthe named insured carries Comprehensive and Collision Coverage for the damaged covered commercial "auto", then this coverage extension N. applies to that covered "auto ". lithe damaged covered "auto" is of the private passenger type, then in addition to Comprehensive and Collision Coverage, the damaged covered "auto" must also carry Towing Coverage in order for this coverage extension N. to apply. We will pay for towing and associated labor costs each time a covered "auto" is disabled. All labor must be performed at the place of disablement. If the "auto" is of the private passenger type, there will be no deductible. If the "auto" is not a private passenger type, a $250 deductible will apply to this coverage but it will not reduce the available Iitnit of insurance. For all types of "autos', the most we will pay under this coverage is $1,000 per disablement. "Autos" which are disabled do not include stolen vehicles. O. Airbag Coverage If the named "insured" carries Comprehensive and Collision Coverage for the damaged covered "auto ", then this coverage extension O. applies to that covered "auto". The following is added to subparagraph 3.a. under Paragraph B. Exclusions (Section III - Physical Damage Coverage): The accidental discharge of an airbag shall not be considered mechanical breakdown and therefore shall not be excluded. This provision does not applyto " autod' you hire with a driver and it is excess over anywarramy specifically designed to provide this coverage. FM 1 14.0.1263 (2102) Page 5 of 5 /0 -1) Policy Number 133729/793 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Broadened Insured Status The Named Insured shown in the Declarations is amended to include: 1. Any subsidiary which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date ()flits Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured' under any other automobile policy, or would be an "insured' under such a policy but for its termination or the exhaustion of it's Limit of Insurance. 2. Any organization you newly acquire or form, and over which you maintain majority interest. The insurance afforded by this provision A.2 (a) (b) (0) Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. Does not apply to' bodily injury' or "property damage" resulting from an "accident' that occurred before you acquired or formed the organization. Does not include any newly acquired or formed organization that is: i. A joint venture or partnership; or ii. An "insured' under any other automobile policy, or would be an 'insured" under such a policy but for its termination or the exhaustion of it's Limit of Insurance. B. Blanket Additional Insured When Required Under Written Contract Paragraph A.I., Who Is An Insured, of Section II - LIABILITY COVERAGE is amended to add subparagraph d: d. Any person, organization or governmental entity with respect to the operation, maintenance, or use of a covered "auto" if you are required to add such person, organization or governmental entityto Page 1 of 5 FM 114.0.1324 (11105) this policy as an additional "insure& in order to comply with the terms of a written "insured contract' or written agreement. This Additional Insured status is not conferred when such "insured contract' or written agreement: 1. involves the owner or anyone else from whom you hire or borrow a covered "auto" unless it is a "trailer" connected to a covered "auto" you own; or 2_ is executed after the date of "accidern" or "loss; Paragraph 2. above does not apply if a. the terms and conditions of the written "insured contract" or written agreement had been agreed upon prior to the "accident" or "loss"; and b. you can definitively establish that the terms and conditions of the written "insured contract" or written agreement ultimately executed are the same as those which had been agreed upon prior to the "accident" or "lost'. C. Coverage Extensions - Supplementary Payments Paragraph A.2.a., Supplementary Payments, of SECTION II — LIABILITY COVERAG E is amended as follows: I. In subparagraph a.(2), the limit for the cost of bail bonds is increased to 53,000; and 1 In subparagraph a.(4), the limit of$250 per day is increased to $1,000 per day. D. Extended Towing Coverage The following subparagraph c. is added to Paragraph A.4. Coverage Extensions, under SECTION III PHYSICAL DAMAGE COVERAGE: e. Extended Towing (overage Subject to the limitations set forth in the following paragraph, we will pay for towing and associated labor costs each time a covered "auto" is disabled. All labor must be performed at the place of disablement. If the "auto" is of the private passenger type, there will be no deductible. If the 'auto" is not a private passenger type, a $250 deductible will apply to this coverage but it will not reduce the available limit of insurance. For all types of "autos", the most we will pay under this coverage is $1,000 per disablement. "Autos" which are disabled do not include stolen vehicles. If you carry Comprehensive and Collision Coverage for the damaged covered commercial "auto", then Extended Towing Coverage applies to that covered "auto ". If the damaged covered "auto" is of the private passenger type, then in addition to Comprehensive and Collision Coverage, the damaged covered "autd' must also carry Towing Coverage in order for Extended Towing Coverage to apply. E. Physical Damage — Increased Temporary Transportation And Stolen Vehicle Expenses, Including Coverage for Commercial Vehicles Transportation Expenses. Paragraph A.4.a. of Coverage Extensions, under Section III PHYSICAL Page 2 of FM 114.0.1324 (11/05) DAMAGE COVERAGE is replaced by the following: a. Transportation Expenses L THEFT We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto". We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss'. No deductibles shall apply to this coverage. 2. EXTRA EXPENSE — THEFT We will pay for all reasonable and necessary expenses to return a stolen covered "auto" to you if such covered "auto" carries Comprehensive coverage. No deductibles shall apply to this coverage. 1 OTHER THAN THEFT We will pay for necessary and actual additional transportation expenses, including rental reimbursement, which you incur due to "loss', other than theft, to a covered "auto" which is (a) identified or described in the Declarations or Schedule; and (b) carries physical damage coverage for the "loss' under this policy. This coverage shall be provided without deductible and is limited to $50 per day subject to a maximum limit of $1,500. This coverage does not apply while there are spare or reserve "autos" available to the named "insured:' We will only pay for those additional transportation expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, when the covered "auto" is repaired or replaced, or we pay for its "loss", whichever is earlier. F. Airbag Coverage The following is added to subparagraph 3.a. under Paragraph B. Exclusions of Section III — PHYSICAL DAMAGE COVERAGE: Mechanical or electrical breakdown does not include the accidental discharge of an airbag unless the discharge occurs in an "auto" you hire with a driver_ If coverage is afforded under this provision, it is excess over any warranty or other coverage that applies to the loss. G. Multiple Deductible Protection The following is added to Paragraph D. Deductible under Section III - PHYSICAL DAMAGE COVERAGE: Whenever a covered "auto" and trailer are both insured for Comprehensive and Collision coverage under this policy and are each damaged in the same "loss' while operating as a combined truck and trailer unit, only one deductible shall apply to the "accident". The larger of the two deductibles shall apply If another policy issued by us, that is not an automobile policy, applies to the same "lost' or "accident", the following applies: Page 3 of 5 FM 114.0.1324 (11/05) 1. Tithe deductible under this Business Auto Coverage Form is not the largest deductible, it will be waived. 2. If the deductible under this Business Auto Coverage Form is the largest deductible, it will be reduced by the amount of the smaller (or smallest) deductible. H. Duties in the Event Of An Accident, Claim, Suit, Or Loss Paragraph A. Loss Conditions under SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: 1. The requirement in Loss Conditions paragraph 2.a. that you must give us or our authorized representative prompt notice of an "accident' or "lost' applies onlywhen the "accident" or "lost' is known to: a. You, if the named "insured" is an individual; b. A partner, if the named "insured" is a partnership; c. A member, ifthe named "insured" is a joint venture or limited liability company, or d. An executive officer or insurance manager, if the named "insured" is an organization other than a partnership, joint venture or limited Liability company. 2. Your obligation in Loss Conditions paragraph 2.b relative to providing us with documents concerning a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: a. You, if the named'Ynsured' is an individual; b. A partner, if the named "insured' is a partnership; c. A member, if the named 'insured" is a joint venture or limited liability company; or d. An executive officer or insurance manager, if the named "insured' is an organization other than a partnership, joint venture or limited liability company. This modification only applies to Named Insureds shown, in the Declarations. Blanket Waiver of Subrogation When Required Under Written Contract The following is added to Section IV - Business Auto Conditions, A.5. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right °ofrecnverywe may have against a person, organization or government entity when you have waived such right of recovery under a written "insured contract" provided such written "insured contract" is: 1. currently in effect or becoming effective during the term of this policy, and 2. executed prior to the "accident" or "lose; or Page4 of 5 FM 114.0.1324 (11/05) 1 Policy Number 1337291793 3, executed after the "accident' or "loss' it a. the terms and conditions of the written "insured contract' had been agreed upon prior to the "accident" or "loss'; and b. you can definitively establish that the term and conditions of the written "insured contract" ultimately executed are the same as those which had been agreed upon prior to the "accident' or "loss". J. Non -Owned Auto Waiver Of Subrogation The following is added to the end of Section IV - Business Auto Conditions, A.S. Transfer Of Rights Of Recovery Against Others To Us: We hereby waive any right of subrogation against any of your officers, directors, members or "employees" which might arise by reason of any payment under the insurance afforded by this policy for the operation, maintenance, use, loading, or unloading of non -owned "autos'. This waiver extends only to payments in excess of other valid and collectible insurance available to the officer, director, or "employee". K. Coverage Territory - Short Term Hired Commercial "Auto? Paragraph e. (1) of General Condition 7. Policy Period, Coverage Territory of SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and L. Unintentional Failure To Disclose Hazards The following is added to B. General Conditions of SECTION IV — BUSINESS AUTO CONDITIONS: If you unintentionally fail to disclose any hazards existing on the effective date of this policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium due to us as a result of these undisclosed hazards in accordance with our filed rating plans. M. Mental Anguish Resulting From "Bodily Injury" The definition of "bodily injury" in Section V. - Definitions is replaced by the following: "Bodily injury' means "physical" injury, "physical" sickness or "physical" disease sustained by any person, including "mental anguish" or death resulting from any of these. It does not include mental anguish to any person which occurs in the absence of "physical" injury, "physical" sickness or "physical" disease to that person. "Mental anguish" means any type of mental, spiritual or emotional illness or distress. "Physical" means of or pertaining to the body as distinguished from the mind or spirit, Page 5 of 5 FM 114.0.1324 (l1 /05) T TexasM ,panyal WORKERS' COMPENSATION AND EMPLOYERS LABILITY INSURANCE POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT C 1041 30 DAr0C- WC 42 06 01 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. in the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to 1 CITY OF CORPUS CHRISTI DEPT OF ENGINEERING SERVICES PO BOX 9277 CONTRACT ADMINISTRATOR CORPUS CHRISTI, TX 78459 -9277 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following' attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 1F eb r u a r y 23 , 2011 at 12 :01 A.M. standard time, forms a part of Pobcy No. TSF- 000111458`2/ 20100301 of the Texas Mutual Insurance Company Issued to ATLAS CONCRETE ENTERPRISES INC Premium $ 0 , 00 WC420801(ED.1.94) INSURED'S COPY Endorsement No. _ 40" 7 Authorized Representative WASENDRS 2-23 -2011 **