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HomeMy WebLinkAboutC2015-107 - 6/29/2015 - NA • 2015-107 6/29/15 SPECIAL PROVISION SBarcom Commercial Inc. SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR OSO BAY PARK PLAYGROUND EQUIPMENT J . O . c . FOR PARKS AND RECREATION CITY OF CORPUS CHRISTI, TEXAS PHONE: 3618263461 FAX: 3618263864 r..d AND DEPARTMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/826-3550 FAX: 361/880-3501 PROJECT NO: E15130 I 1 DRAWING NO: CP 197 SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR ifs OSO BAY PARK PLAYGROUND EQUIPMENT J . O . C . FOR PARKS AND RECREATION CITY OF CORPUS CHRISTI, TEXAS PHONE: 3618263461 FAX: 3618263864 go �.t AND DEPARTMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/826-3550 0 FAX: 361/880-3501 kir :j PROJECT NO: E15130 Mi DRAWING NO: CP 197 44 OSO BAY PARK PLAYGROUND EQUIPMENT PN: E15130 94, (Revised 6/27/99) Table of Contents AO NOTICE TO CONTRACTORS - A (REVISED MARCH 2009) Insurance Requirements NOTICE TO CONTRACTORS - B Worker's Compensation Coverage for Building or Construction Projects for Government Entities. MO PART A - SPECIAL PROVItiSIONS 4"' A 1 Timc and Place of Receiving Proposals/Pre Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award/Explanation of Bid Items A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A 8 Faxed Proposals MO A 9 Acknowledgment of Addenda A-10 Wage Rates 99. A-11 Cooperation with Public Agencies X11 A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking OM A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A 17 Field Office NOT USED A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification 99 A 21 Project Signs MO A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required A-24 Surety Bonds A-26 Supplemental Insurance Requirements 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-36 Other Submittals A 37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) ii A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities r A-39 Certificate of Occupancy and Final Acceptance is A-40 Amendment to Section B-8-6: Partial Estimates A 41 Ozone Advisory A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) MO A-44 Change Orders (4/26/99) •„ A-45 As-Built Dimensions and Drawings MB !I, ,T _ .. -_ - _ -- - - - - - .. • e ---- A 47 PreConotruction Exploratory Excavations (7/5/00) (NOT USED) A-48 Overhead Electrical Wires A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress MO A 51 Elcctronic Submittal of Bids (NOT USED) A-52 Value Engineering :1 A-53 Dust Control A-54 Dcuatcring and Disposal (NOT USED) PART B — GENERAL PROVISIONS PART C — FEDERAL WAGE RATES AND REQUIREMENTS PART D — FEDERALLY REQUIRED LANCUACE PART S — STANDARD SPECIFICATIONS :1 033000 Cast-In-Place Concrete - Structural Sheet 1 of 13 033100 Portland Cement Concrete - Structural Sheet 1 of 9 116800 Playfield Equipment and Structures Sheet 1 of 5 PART T - TECHNICAL SPECIFICATIONS 022100T Select Material Sheet 1 of 171 025200T Subgrade Preparation Sheet 1 of 2 EXHIBITS Sheet 1 of 5 - No Fault Safety Surface Sheet 1 of 4 - No Fault Safety Tile MR LIST OF DRAWINGS FROM PARENT PROJECT 3380 Sheet 1 of 185 Title Sheet Sheet 8 of 185 Project Alternates MR Sheet 52 of 185 Enlarged Layout and Grading Plan - C Sheet 53 of 185 Enlarged Layout and Grading Plan - D Sheet 61 of 185 Details Site Landscape Walls Sheet 62 of 185 Details Pond MR Sheet 64 of 185 Details Playscape Mi NOTICE 11 AGREEMENT PROPOSAL PERFORMANCE BOND PAYMENT BOND DISCLOSURE 7111 C NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS REVISED MARCH, 2009 A Certificate of Insurance indicating proof of coverage in the following Lamounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE LCommercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 10 4. Underground Hazards 5. Products/ Completed Operations $ 2, 000, 000 COMBINED SINGLE LIMIT Hazards 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY -- OWNED NON-OWNED OR C: RENTED $1,000, 000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION WHICH COMLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500, 000 EXCESS LIABILITY $1, 000,000 COMBINED SINGLE LIMIT $2, 000, 000 COMBINED SINGLE LIMIT la PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE. Not limited to sudden & accidental ❑ REQUIRED discharge; to include long-term [I, enviornmental impact for the disposal ❑ NOT REQUIRED of contaminants. See Section b-6-11 and Supplemental Insurance requirements BUILDER'S RISK El REQUIRED 0 NOT REQUIRED See Section b-6-11 and Supplemental Insurance requirements L INSTALLATION RISK ❑ REQUIRED ❑ NOT REQUIRED L 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. 11 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. 11 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. 11 11 11 11 31 11 PAGE2OF2 NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE REQUIREMENTS C Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS ' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110 . 110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings,unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) --A copy of a certificate of insurance, a certificate authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84) , showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction--Has the meaning defined in the Texas Labor Code, §406.096 (e) (1) . (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011 (44) . (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC- L 83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act) -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 3 o f 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. L Page 1 of 8 L (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. 11 (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 subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; 11 (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 of11 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 11 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 the11 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 (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 11 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; Page 2 of 8 cill (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 L (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ril (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, Lwithin 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; l: (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 L 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 L (8) contractually require each person with whom it contracts to provide services on a project to: I: (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; L (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 Lsubsection (e) (3) of this section; (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 C: 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 [11 (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 Lcurrent 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; L (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and Page 3 of 8 L (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) - (H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of 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 11 extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; 11 (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 4 of 8 (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: LA (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the le 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 [is change that materially affects the provision of coverage of any person providing services on the project; and 110 (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 ['s rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994 . This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. (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 [0 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 [: L [A I Page 5 of 8 I 11 T28S110. 110 (d) (7) "REQUIRED WORKERS' COMPENSATION COVERAGE" II "The law requires that each person working on this site or providing services related to this construction project must be covered by workers ' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " II"Call the Texas Workers ' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " 11 11 11 Y I I I 3 I I Page 6 of 8 T28S110. 110 (c) (7) Article . Workers ' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84) , showing statutory workers ' compensation insurance coverage for the person 's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the L project until the contractor's/person 's work on the project has been completed and accepted by the governmental entity. 1: 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 t: the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401. 011 (44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and [: (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. ['i F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. Page 7 of 8 L 11 H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers ' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401. 011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: 11 (a) a certificate of coverage, prior to the other person beginning work on the project; and 11(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; 11 (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, 'to perform as required by paragraphs (1) - (7) , with the certificates of coverage to be provided to the person for whom they are providing services. 11 J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers ' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a11 self-insured, with the commission 's Division of SelfPage 11 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 11 11 Page 8 of 8 C C C C PART A SPECIAL PROVISIONS C: OSO BAY PARK PLAYGROUND EQUIPMENT PN: E15130 SECTION A - SPECIAL PROVISIONS I.: 1 Timc and Placc of Rccoivina Provosala/Prc Bid Meeting S• caled proposals will be reee-ivied in conformity with the e-fficial advertisement inviting ko bids for the project. Pr-egeca-iz will be received in the office of the City Secretary, :: Wednesday, N/A. Proposals mailer should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 1TTN: BID PROPOSAL N/A I: A pre bid meeting will be head on INSERT DAY HERE, INSERT DATE HERE, beginningatINSERT Third Floor, City Hall, 12-0.1 Lcopa-rd Street, Corpus Christi, TX. and will include a A• -2 Definitions and Abbreviations Section B-1 of the General Provisions will govern I: A• -3 Description of Project This project will furnish and install the playground equipment and "Surfing Leaf" bench to the childrens play area. It will include some grading, a retaining wall and some I: concrete work as a base for safety surface coatings to be done by others. [: L I: ,A-4 Method of Award The contract is awarded as a Job Order Contract (J.O.C. ) and prices established through the use of RSMeans cost pricing. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: [: 1--r. . - * - -- - __ (A Caohicr's Check, certified chock, money order or bank draft from any State or 2. Disclosure of Interests Statement 3. Submittal of Materials L LSection A-SP (revised 12/15/04) Page 1 of 22 A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 160 calendar days, The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Capital Programs or designee ("City Engineer") to proceed. 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. 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 on11 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 11 contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. Section A-SP (revised 12/15/04) Page2of22 1: A• -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for BUILDING CONSTRUCTION In case of conflict, Contractor shall use higher wage rate. ill Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly Lwage 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, 1: for each laborer, workman, or mechanic employed, if such person is paid less than the s• pecified 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. Eig coThe Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals. ) l: One and one-half (1I) times the specified hourly wage must be paid for all hours worked i: in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours. ) A• -11 Cooperation with Public Agencies (Revised 7/5/00) bli 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 l: (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One-Call System 1-800-245-4545, the Lone Star Notification Company at 1-800-669-8344, and the Southwestern Bell Locate Group at 1- l: listed. LCity Engineer 361-826-3500 Project Manager 361-826-3550, 826-3550 Traffic Engineering 880-3540 L Police Department 882-1911 Water Department 857-1881 (880-3140 after hours) Wastewater Department 857-1800 (880-3140 after hours) L Gas Department 885-6900 (885-6900 after hours) Storm Water Department 826-1875 (880-3140 after hours) Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1970 A E P 1-877-373-4058 (693-9444 after hours) S B C 881-2511 (1-800-824-4424,after hours) City Street Div. for Traffic Signal/Fiber Optic Lobate 826-1946 857-1960 L's Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624) KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) Le ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512-935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 LSection A-SP (revised 12/15/04) ri Page 3 of 22 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown 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. I Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc. ) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is 11 not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available 11 through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor A-14 Construction Equipment Spillage and Tracking 11 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. 11 Section A-SP (revised 12/15/04) Page 4 of 22 11 A-15 Excavation and Removals NOT USED The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good I: growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. ' All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc. , are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. 10 A-16 Disposal/Salvage of Materials NOT USED lir 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 LContractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. LA-17 Field Office NOT USED The Contractor must furnish the City Engineer or his representative with a field office at the construction site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The 1: Contractor shall move the field office on the site as required by the City Engineer or 101 his representative. The field office must be furnished with a telephone (with 24-hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. i*0 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 [11 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. ha 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. i: 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. E, 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. C L I ISection A-SP (revised 12/15/04) Page 5 of 22 A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. 11 If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is ncceasary to deviate from propeced lint and grade to properly cxccutc thc work, thc Contractor shall obtain approval of thc City or Consultant Projcct Engineer, the required deviation weild necessitate a revision to thc drawings, thc Contractor shall providc supporting measurements as required for thc City or Consultant Projcct Enginccr to revise thc drawings. 11 proposed, for thc purpose of adjusting valves and manheies at the completion of the 11 Contractor furnish a maximum of tae- (2) persenncl for the purpose of assisting the measuring of the completed work. verification of complianee with the -Contract Bocuments, plate and speeifieations. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Lard Survey (R.P.L.S. ) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.-. shall be moved the City prior compliance to any regulatory permits. 11 Following is the minimum schedule of documentation required: Streets: Wastewater: - All intcrsccting linos in manholes; - Casing cicvations (top of pipe and flow line) (TXDOT and RR permits) . Water: 11 - All top of valves box; Valves vaults rim; - - De -- •• -- Stormwatcr: - All rim/invert elevations at manholes; - All intcrsccting linos in manholes; • Section A-SP 11 (revised 12/15/04) Page 6 of 22 II EA-20 Testing and Certification_ All tests required under this item must be done by a recognized testing laboratory 1010 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. LThe Contractor must provide all applicable certifications to the City Engineer. -21 Project Signs 10 The Contractor must furnish and install 1 Project signs as indicated on the following drawings. (Attachment IV) The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the L signs will be determined in the field by the City Engineer. 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 C: Enterprise. 2. Definitions La. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b.i: 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. ril c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include L 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 [11 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 Lminority person(s) . (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the [I corporate shares must be owned by one or more minority person(s) . Section A-SP (revised 12/15/04) t's Page 7 of 22 , 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51. 0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. 11 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 islimited in scope and11 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. 11 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 11 work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise11 (Percent) Participation(Percent) 45% 15% b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 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. 11 Section A-SP (revised 12/15/04) Page 8 of 22 I; 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. E: 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 6111 payrolls in a timely fashion or to submit overall participation information as required. is A-23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building risL Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of I; the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follow "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 [*6 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. " C I Section A-SP (revised 12/15/04) Page 9 of 22 A-25 Sales Tax Exemption (NOT USED) Section B-6-22, Tax Exemption Provision, is deleted in its entirety and the following substituted in lieu thereof. Contracts for improvements to real property awarded by the City of Corpus Christi do not 11 qualify for exemptions of Sales, Excise, and Use Taxes unless the Contractor elects to operate under a separated contract as defined by Section 3.291 of Chapter 3, Tax Administration of Title 34, Public Finance of the Texas Administrative Code, or such other rules or regulations as may be promulgated by the Comptroller of Public Accountsil of Texas. II If the Contractor elects to operate under a separated contract, he shall: Obtain the necessary sales tax permits from the State Comptroller. 3 Charges" in the proposal form the cost of materials physically incorporated into the Project. - Provide resale certificates to suppliers. 4- Provide the City with copies of material invoices to substantiate the proposal value of materials. 1 If the Contractor does not elect to operate under a separated contract, he must pay for all Sales, Excise, and Use Taxes applicable to this Project. Subcontractors are eligible for sales tax exemptions if the subcontractor also compliesil with the above requirements. The Contractor must issue a resale certificate to the subcontractor and the subcontractor, in turn, issues a resale certificate to his supplier. A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by IIthe insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: il 1. Name: City of Corpus Christi Department of Capital Programs Attn: Contract Administrator 11 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 11 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. ]I 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 il compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. Section A-SP 11 (revised 12/15/04) Page 10 of 22 I: F• or 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. C: The City need not be named as additional insured on Worker's Compensation coverage. (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Lit 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, L 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 [4'11 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 i; indemnified hereunder. fr A-27 Responsibility for Damage Claims NOT USED ill Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide Builder's Risk-or-Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts [*0 the Project or work. Builder's Risk-or-Installation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk-or-Installation Floater insurance coverage, including any deductible. The i; City must be named additional insured on any policies providing such insurance coverage. A-28 Considerations for Contract Award and Execution 1: T• o 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: 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 I: 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 [46 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 I: amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A biddcr may also be required to supply constreetion references and a financial 1: s• tatement, prcparcd no_later_t- an_aincty_ (9-9) _da-ys_p-rior_te -the-City-Exgincer's_request, all currcnt assets and liabilities. L LSection A-SP (revised 12/15/04) [''' Page 11 of 22 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: 11 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 11 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. 11 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. 11 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: 11 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: 11 • A list of the major components of the work; • - A list of the products to be incorporated into the Project; -- 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. -- _ -=_ - = e_ _- - - - -- _ - with a description of thc work and dollar amount for each firm; and signed affidavits from thc MBE firms, that ouch MBE firms mcct thc guidelines11 contained herein. Similar oubotantiatien will be required if the Ce raetor is an MBE. If thc responses do not clearly Dhow that MBE participation will mcct thc thc City Engineer, that a good faith effort has, in fact, been made to meet said Section A-SP 11 (revised 12/15/04) Page 12 of 22 El. -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 I: 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 111 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. LIn 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 ri 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; 1: 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; E: 4,, 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. 4, Documentation as required by Special Provision A-35-K, if applicable. I: 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. I: A-31 Amended Policy on Extra Work and Change Orders 1: Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Capital Programs or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25, 000.00. The Contractor L. acknowledges that any change orders in an amount in excess of $25, 000.00 must also be approved by the City Council. C: 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: I: 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. L I: Section A-SP (revised 12/15/04) t: Page 13 of 22 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. -- 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. A-35 City Water Facilities: Special Requirements (NOT USED) Visitor/Contractor Orientation Prior to performing work at any City water facility, the Contractor, his subcontractors, and each of their employees must have on their person a 11 valid card certifying their prior attendance at a Visitor/Contractor Safety Orientation Program conducted by the City Water Department Personnel. A Visitor/Contractor Safety Orientation Program will be offered by authorized City Water Department personnel for those persons who do not have such a card, and who desire to perform any work within any City water facility. For additional information refer to Attachment 1. $- Operation of City-Owned Equipment The Contractor shall not start, operate, or stop any pump, motor, valve, equipment, switch, breaker, control, or any other item related to City water facility at any time. All such items must be operated by an operator or other authorized maintenance employee of the City Water Department. G- Protection of Water Oualitv The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Department to protect the quality of the water. Conformity with ANSI/NSF Standard 61 11 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any other items, which could come into contact with potable water, must conform to 11 American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. Such materials include all solvents, cleaners, lubricants, gaskets, 11 thread compounds, coatings, or hydraulic equipment. These items must not be used unless they conform with ANSI/NSF Standard 61 and unless such items are inspected on the site by authorized City personnel immediately prior to use. Section A-SP (revised 12/15/04) Page 14 of 22 The Contractor shall provide the Engineer with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into contact with potable water. £� Handling and Disposal of Trash All trash generated by the Contractor or his employees, agents, or subcontractors, must be contained at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. CONTRACTOR'S ON-SITE PREPARATION Contractor's personnel must wear colored uniform overalls other than orange, blue, or white. Each employee uniform must provide company name and individual employee identification. [40 G Contractor shall provide telephones for Contractor personnel. Plant telephones are not available for Contractor use. Working hours will be 7: 00 A.M. to 5:00 P.M. , Monday thru Friday. I; Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilities. J— All Contractor vehicles must be parked at designated site, as designated C: by City Water Department staff. All Contractor vehicles must be clearly labeled with company name. No private employee vehicles are allowed at 0. N. Stevens Water Treatment Plant. All personnel must be in company vehicles. During working hours, contractor employees must not leave the designated construction area nor wander through any buildings other than for required work or as directed by City Water Department personnel during emergency evacuation. [4:0 14 Contractor Qualifications - SCADA (SUPERVISORY CONTROL AND DATA ACQUISITI Any work to the computer-based monitoring and control system must be performed only by qualified technical and supervisory personnel, as determined by meeting the qualifications 1 thru 9 below. This work includes, but is not limited to, modifications, additions, changes, selections, furnishing, installing, connecting, programming, customizing, debugging, calibrating, or placing in operation all hardware and/or software specified or required by these specifications. The Contractor or his subcontractor proposing to perform the SCADA work must be able to demonstrate the following: He is regularly engaged in the computer-based monitoring and control system business, preferably as applied to the municipal water and wastewater industry. He has performed work on systems of comparable size, type, and complexity as required in this Contract on at least three prior projects. He has been actively engaged in the type of work specified herein for at least 5 years. q-. He employs a Registered Professional Engineer, a Control Systems Engineer, or an Electrical Engineer to supervise or perform the work required by this specifications. - - o o o- o--- o- - • o ' -- -o - completed a manufacturer's training coursc in configuring and implementing thc specific computcrs, RTUS's, and software proposed for thc Contract. Section A-SP (revised 12/15/04) [1: Page 15 of 22 He maintains a permanent, fully staffed and equipped service facility within 400 miles of the Project site to maintain, repair, calibrate, and program the systems specified herein. I He shall furnish equipment which is the product of one manufacturer to the maximum practical extent. Where this is not practical, all equipment of a given type will be the product of one manufacturer. Prior performance at the 0. N. Stevens Water Treatment Plant will be used in evaluating which Contractor or subcontractor programs the new work for this Project. g . The Contractor shall produce all filled-out programming blocks required to show the programming as needed and required, to add these two systems to the existing City SCADA system. Attached is an example of the required programming blocks which the City requires to be filled in and given to the City Engineer with all changes made during the programming phase. The attached sheet is an example and is not intended to show all of the required sheets. The Contractor will provide all programming blocks used. l— Trenching Requirements All trenching for this project at the 0. N. Stevens Water Treatment Plant shall be performed using a backhoe or hand-digging due to the number of existing underground obstructions. No trenching machines shall be allowed on the 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. - also submit one (1) rcproduciblc trancparcncy for all chop drawings. 11 c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially 11 number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number (s) , and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. Section A-SP (revised 12/15/04) Page 16 of 22 t: 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. I: 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. l: h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 1. Resubmittals: Contractor must revise and resubmit submittals as required I: by City Engineer and clearly identify all changes made since previous submittal. [: j . Distribution: Contractor must distribute copies of reviewed submittals 141 to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 1: 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. I: 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. L A-37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED Under "General Provisions and Requirements for Municipal Construction Contracts", B-6- 1: 15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation l: and Drought Contingency Plan as amended (the "Plan") . This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction. " 11 5 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 re S• pecial Provision. A-39 Certificate of Occupancy and Final 1: T• he issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-8-9. A-40 Amendment to Section B-8-6: Partial Estimates I: General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial 1: payments will be calculated will not include the net invoice value of acceptable, non- p• erishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the I: material supplier has been paid for the materials delivered to the Project worksite. Section A-SP (revised 12/15/04) Page 17 of 22 A-41 Ozone Advisory NOT USED Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or 11 omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. 11 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 11 negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order (s) be required by the engineer, Contractor shall furnish the 11 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: 11 (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. Section A-SP (revised 12/15/04) Page 18 of 22 1: A-47 Pre-Construction Exploratory Excavations (7/5/00) NOT USED 1: Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20-feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. I: For existing pipelines which parallel and are within ten feet (10' ) of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300-feet O.C. and Contractor shall survey the accurate horizontal and C: vertical locations of said parallel pipelines at 300-feet maximum O.C. C• ontractor shall then prepare a report and submit it to the City for approval indicating 9 the Owner of pipelines excavated and surveyed, as well as the approximate station 141 thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. I: Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair associated with exploratory excavations shall be paid for according to the established 1: until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. EA-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 c• rossing the construction route and along the construction route. Contractor shall use I: all due diligence, precautions, etc. , to ensure that adequate safety is provided for all i: 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. I: S• ome 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. l: A• -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 M• aintenance 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 I: 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. " C I: iwt Section A-SP (revised 12/15/04) I: Page 19 of 22 A-50 Amended Prosecution and Progress 11 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 Electronic Submittal of Bids The following paragraph modifies Paragraph B-2-7 - Preparation of Proposal, of the General Provisions: The bidder has the option of submitting a computer-generated print-out, in lieu of, the Proposal (SHEETS: 1 THRU 13 OF 13) , INCLUSIVE. The print-out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheets (3 THRU 10 OF 13) . If the Contractor chooses to submit a print-out, the print-out shall be accompanied by properly completed proposal pages 1, 2, 11, 12, and 13. A "sample" print out is shown in Attachment 1. In addition, the print out will contain the following statement and signature, after the last bid item: (Contractor) herewith certifies that the unit prices shown on this print-out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no other Information from this print-out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print-out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) " A-52 Value Engineering The Contractor' s attention is directed to paragraph B-4-5 Value Engineering Incentive Procedures, of the General Provisions, which states: "After award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP'S) identify potential reductions in the contract cost by effective changes to the contract plans and specifications." Therefore, the Contractor shall fully examine the plans, specifications and contract documents, as well as, the project location, construction phase schedule in Appendix C, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major items involved in the scope of the project to judge for itself the circumstances and difficulties11 affecting the work to be performed and obtain all information required to make an intelligent proposal. The Contractor' s attention is further directed to paragraph B-2-3 Examination of Plans, Specifications and Site of the Work, of the General Provisions. In other words, the Contractor shall complete it' s proposal to the best of it' s ability, as currently provided. Section A-SP 11 (revised 12/15/04) Page 20 of 22 II 1: A-53 Dust Control 1: Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or applications of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. A-54 Dewatering and Disposal This item shall be considered subsidiary to the appropriate bid items where dewatering I: is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An I: alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by manmade berms prior to entering 1: the storm water system. Sheet flow and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. 1: Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or I: better than the receiving stream (Oso Creek) . Testing of groundwater quality is to be performed by City, at the City' s cost, prior to commencing discharge and shall be retested by the City, at the City' s expense, a minimum of once a week. The Contractor 1 shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by the contractor would include pumping to 110 the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer system or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be ri approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Tilo Schmidt, Wastewater Pre-treatment Coordinator at 826-1817 to obtain a ri "no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a . short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. 1: 1: 1: 1: I: Section A-SP (revised 12/15/04) Page 21 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: OSO BAY PARK PLAYGROUND EOUIPMENT OWNER: CITY OF CORPUS CHRISTI, TEXAS ENGINEER: RVI CONTRACTOR: BARCOM COMMERCIAL, INC SUBMITTAL DATE: - SUBMITTAL NUMBER: - APPLICABLE SPECIFICATION OF DRAWING SUBMITTAL I I I I I I Section A-SP (revised 12/15/04) Page 22 of 22 PART B � GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL � CONSTRUCTION CONTRACTS 1: SECTION B GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS Table of Contents 1: ' PAGE B-1 Definitions and Abbreviations B-1-1 Definition of Terms 1 1: B-1-2 Abbreviations 3 B-2 Proposal Requirements and Conditions B-2-1 Proposal Forms 4 rik B-2-2 Quantities in Proposal Forms 4 B-2-3 Examination of Plans, Specifications, and Site of the Work4 B-2-4 Forms, Plans and Specifications 4 B-2-5 Addenda 4 1: B-2-6 Pre-Bid Conference 5 B-2-7 Preparation of Proposal 5 B-2-8 Proposal Guaranty 5 1; B-2-9 Filing of Proposal 5 B-2-10 Withdrawing Proposals 5 B-2-11 Cancellation of Bid Opening 6 B-2-12 Opening Proposals 6 I; B-2-13 Irregular Proposals 6 B-2-14 Rejection of Proposals 6 B-2-15 Disqualification of Bidders 6 B-2-16 Disclosure of Interests 6 B-3 Award and Execution of Contract B-3-1 Consideration of Contract 7 B-3-2 Award of Contract 7 B-3-3 Equal Opportunity Employer Provisions 7 B-3-4 Surety Bonds 8 B-3-5 Execution of Contract 8 B-3-6 Failure to Execute Contract 8 1: B-4 Scope of Work B-4-1 Intent of Plans and Specifications 9 1; B-4-2 Subsidiary Work 9 B-4-3 Increased or Decreased Quantities of Work 9 B-4-4 Alteration of Plans and Specifications 10 B-4-5 Value Engineering Incentive Procedures 10 1: B-4-6 Extra Work 11 B-5 Control of the Work and Materials B-5-1 Authority of the City Engineer 11 I: B-5-2 Authority of Duty of Engineers or Inspectors 11 B-5-3 Conformity with Plans 11 B-5-4 Existing Structures 11 B-5-5 Coordination of Plans, Specifications, Proposal 1: & Special Provision 12 B-5-6 Cooperation of Contractor 12 B-5-7 Construction Staking 12 B-5-8 Source of Supply of Materials 13 1: B-5-9 Samples and Tests of Materials 13 B-5-10 "Or Equal" Clause 13 B-5-11 Storage of Materials 13 B-5-12 Removal of Defective and Unauthorized Work 13 B-5-13 Finallnspection 14 B-5-14 Warranty Inspection 14 TABLE OF CONTENTS/PAGE 1 OF 2 I: (rev. Nov/94) I B-6 Legal Relations and Public Responsibility B-6-1 Laws to be Observed 14 B-6-2 Permits and Licenses 14 B-6-3 Patented Devices, Materials and Processes 15 B-6-4 Sanitary Provisions 15 B-6-5 Public Conveniences and Safety 15 B-6-6 Privileges of contractor in Streets, Alleys and Right-of-Way16 B-6-7 Railway Crossings 16 B-6-8 Traffic Control Devices 16 B-6-9 Use of Explosives 16 B-6-10 Protection and Restoration of Property 16 B-6-11 Responsibility for Damage Claims 17 B-6-12 Contractor's Claim for Damages 19 B-6-13 Public Utilities and Other Property to be Changed 19 B-6-14 Temporary Sewer and Drain Connections 19 B-6-15 Arrangement and Charge for Water Furnished by the City 19 B-6-16 Use of fire Hydrants 19 B-6-17 Use of a Section or Portion of the Work 19 B-6-18 Separate Contracts 20 B-6-19 Contractor's Responsibility for the Work 20 B-6-20 No Waiver of Legal Right 20 B-6-21 Indemnification and Hold Harmless 20 B-6-22 Tax Exemption Provisions 20 11 B-7 Prosecution and Progress B-7-1 Subletting the Work 21 B-7-2 Assignment of Contract 21 B-7-3 Prosecution of the Work 21 B-7-4 Limitation of Operations 22 B-7-5 Character of Workmen and Equipment 22 B-7-6 Working Hours 22 B-7-7 Time of Commencement and Completion 22 B-7-8 Extension of Time of Completion 22 B-7-9 Computation of Contract Time for Completion 23 B-7-10 Failure to complete on Time 23 B-7-11 Suspension by court Order 23 B-7-12 Temporary Suspension 23 B-7-13 Suspension of Work and Annulment of Contract 24 B-7-14 Termination of Contract 25 B-7-15 No Intent to Benefit Third Parties B-8 Measurement and Payment B-8-1 Measurement of Quantities 25 B-8-2 Unit Price 25 B-8-3 Scope of Payment 25 B-8-4 Payment for Extra Work 26 B-8-5 Policy of Extra Work and Change Orders 26 B-8-6 Partial Estimates 27 B-8-7 Withholding Payment 27 B-8-8 Final Cleanup 27 B-8-9 Final Acceptance 28 B-8-10 Final Payment 28 B-8-11 Maintenance Guaranty 28 I TABLE OF CONTENTS/PAGE 2 OF 2 1 (rev. Nov/94) I t: SECTION B GENERAL PROVISIONS AND REQUIREMENTS 1: FOR MUNICIPAL CONSTRUCTION CONTRACTS CITY OF CORPUS CHRISTI, TEXAS B-1 DEFINITIONS AND ABBREVIATIONS: B-1-1 Definition of Terms: 1: Wherever the words, forms or phrases defined herein or pronouns used in their place occur in these specifications, in the contract, in the bonds, in the advertisement or any other documents or instrument herein contemplated, or to which these specifications apply or may apply, the intent and meaning shall be interpreted as follows: Advertisement: All of the legal publications pertaining to the work contemplated or under contract. 1: Bidder: Any person, persons, partnership, company, firm, association, corporation, or joint venture acting directly or through a duly authorized representative submitting a proposal for work contemplated. City: The City of Corpus Christi, Texas, a municipal corporation, acting by and through (a) its governing body or (b) its City Manager, each of whom is 1; required by Charter to perform specific duties. Responsibility for final enforcement of contracts involving the City of Corpus Christi is, by Charter, vested in the City Manager. 170 City Attorney: The City Attorney of the City of Corpus Christi, Texas, or duly authorized assistants or agents. City Council: The Council of the City of Corpus Christi, Texas. 1: City Engineer: The Head of the Department of Engineering Services of the City of Corpus Christi, Texas. City Manager: The Manager of the City of Corpus Christi, Texas. City Secretary: The City Secretary of the City of Corpus Christi, Texas, or duly authorized assistants or agents. 1: Contract: The written agreement covering the performance of the work. The contract includes the advertisement; proposal; specifications, including special provisions; plans or working drawings; any supplemental changes or agreements pertaining to the work or materials therefor, and bonds. Contract Time: The number of calendar days or working days allowed for completion of the contract, including any authorized time extensions. (a) Calendar Day: A calendar day is defined as any day shown on the calendar beginning and ending at midnight. 1: (b) Working Day: a working day is defined as a calendar day, not including Sundays or legal holidays, in which the weather or other conditions affecting the site, not under the control of the Contractor, will in the judgement of the 1: Engineer permit the performance of some substantial unit of work for a substantially continuous period of time of not less than six (6) hours between 7 a.m. and 6 p.m., or during such other hours of the day as the Contractor does in fact work with the permission of the Engineer as elsewhere provided. (rev. Nov/94) PAGE 1 OF 29 i Each calendar day, not including Sundays or legal holidays, in which the Contractor carries on work on some unit of the contract for a period of more than six (6) hours shall be charged as one (1) working day, regardless of the number I/ of hours worked in excess of the (6) hour minimum. Saturday will not be charged as a working day unless work of any type requiring the presence of the Engineer is in fact carried on for any period of time during the day. I/ On Sundays and legal holidays on which, by previous written permission of the Engineer as elsewhere provided, the Contractor works as much as four hours on some unit of the contract, two working days shall be charged. If, under such permission, work is commenced but proceeds less than four hours, one working day shall be charged. In the determination of the hours above, no deduction shall be made for lunch time taken. 11 Contractor: The person, persons, partnership, company, firm, association, corporation, or joint venture entering into contract for the execution of the work, acting directly or through a duly authorized representative. 11 Engineer: Assistants, agents, engineers, inspectors, or superintendents duly authorized by the City Engineer and acting within the scope of the particular duties entrusted to them. 11 General Provisions: This Section B of the specifications. Holidays: The terms regular holidays and legal holidays, for the purposes of charging working days, control of working days and hours, and wages of employees, 11 shall include the following: January 1 (New Year's Day) July 4 (Independence Day) Thanksgiving Days Memorial Day Labor Day Christmas Day 11 Maintenance Guaranty: The approved form of security furnished by the Contractor and his surety as a guarantee that he will maintain the work constructed by him in good condition for the period of time required. This shall be in accordance with the provisions of the specifications and may be made a part of the Performance Bond. Payment Bond: The approved form of security furnished by the contractor and his surety for the use and benefit of the City as a guarantee for the protection of all claimants supplying labor and/or material in the prosecution of the work provided for in this contract. Performance Bond: The approved form of security furnished by the contractor and his surety for the use and benefit of the City as a guarantee of good faith on the part of the Contractor to execute the work in strict accordance with the plans, specifications, and terms of the contract, and that the Contractor will maintain the work constructed by him in good condition for the period of one year or such other period of time as may be specially provided. Plan or Plans: All the drawings pertaining to the contract and made a part thereof, including such supplemental drawings or addenda as the City Engineer may issue in order to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized, or for showing details not shown thereon. 11 Proposal: The written statement or statements duly filed with the City Secretary of the person, persons, partnership, company, firm, association, corporation, or joint venture proposing to do the work contemplated, including the approved form on which the formal bids for the work are to be prepared. Proposal Guaranty: The bid security designated in the advertisement and proposal to be furnished by each bidder as a guarantee of good faith to enter into a contract with the City and execute the required bonds for the work contemplated after the work is awarded him. I (rev. Nov/94) PAGE 2 OF 29 L Special Provisions: The special clauses setting forth conditions or requirements peculiar to the specific project involved, supplementing the standard specifications, and taking precedence over any conditions or requirements of the standard specifications with which they are in conflict. LliSpecifications: The directions, provisions, and requirements contained herein, together with the special provisions supplemental hereto, pertaining to the method and manner of performing the work or to the qualities or quantities of the material to be furnished under the contract. Sureties: The corporate bodies which are bound by such bonds as are required with and for the Contractor. The Work: All work, including the furnishing of labor, materials, tools, equipment, and incidentals, to be performed by the Contractor under the terms of the contract. cl B-1-2 Abbreviations: Wherever the abbreviations defined herein occur on the plans, in the specifications, contract, bonds, advertisement, proposal, or in any other document or instrument herein contemplated or to which the specifications apply or may apply, the intent and meaning shall be as follows: A.A.S.H.T.O American Association of State H.S. Horseshoe Highway and Transportation In. or " Inches Officials Lb. or # Pound Ac. Acre L.F. Linear Foot A.C. Asbestos Cement Lin. Linear A.C.I. American Concrete Institute L.S. Lump Sum A.N.S.I. American National Standards Max. Maximum Asph. Institute M.H. Manhole A.S.T.M. Asphalt Min. Minimum Ave. American Society for Testing Mono. Monolithic A.W.P.A. Materials M.U.T.C.D. Manual of Uniform A.W.S. Avenue Traffic Control A.W.W.A. American Wood Preservers Devices Blvd. Association N. North C.F. American Welding Society No. Number C.I. American Water Works % Percent C.L. Association P.L. Property Line C.M.P. Boulevard Prop. Proposed or Property C.O. Cubic Foot P.V.C. Poly Vinyl Chloride Conc. Cast Iron R. Radius Cond. Center Line R.C.P. Reinforced Concrete Corr. Corrugated Metal Pipe Reinf. Pipe C.P.& L. Cleanout Rem. Reinforced Cu. Concrete Rep. Remove Culv. Conduit R.R. Replace C.Y. Corrugated R/W or ROW Railroad D.I. Central Power & Light Company S. Right-of-Way Dia. Cubic San. South Dr. or Dwy Culvert S.F. Sanitary E. Cubic Yard Sq. Square Foot LI Ea. Ductile Iron St. Square Elev. Diameter Std. Street or Storm Exist. Drive or Driveway S.Y. Standard F. East T.C. Square yard F.L. Each Tel. Top of Curb Ft. or ' Elevation V.F. Telephone Gal. Existing W. Vertical Foot G.L. Fahrenheit W.D.T. West G.P.M. Flow Line Yd. Western Union H.N.G. Feet Telegraph Gallon Yard Gutter Line Gallons per Minute Houston Natural Gas Co. Metrics: cm Centimeter m Meter gm Gram mgm Milligram kgm Kilogram mm Millimeter km Kilometer (rev. Nov/94) PAGE 3 OF 29 11 Other abbreviations that may appear shall have the meaning customarily intended in such usage, circumstances, and context. B_2 PROPOSAL REQUIREMENTS AND CONDITIONS: B-2-1 Proposal Form: The City will furnish bidders with proposal forms which state the general location and description of the contemplated work, and which will contain an 31 itemized list of items of work to be done or materials to be furnished, and upon which bid prices are asked. The proposal form will provide for the amount of proposal guaranty, the contract time, and the acknowledgement of addenda received. B-2-2 Quantities in Proposal Form: The quantities of the work and materials set forth in the proposal form or on the plans approximately represent the work to be performed and materials to be furnished and are for the purpose of comparing the bids on a uniform basis. Payment will be made by the City to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications, and it is understood that the quantities may be increased or decreased as hereinafter provided without in any way invalidating the bid price. B-2-3 Examination of Plans, Specifications, and Site of the Work: Bidders are advised that the plans and specifications and other documents on file with the City Engineer shall constitute all of the information which the City will furnish. Bidders are required, prior to submitting any proposal, to read the specifications, proposal, contract, and bond forms carefully; to visit the site of the work; to examine carefully local conditions, soil and water conditions to be encountered, improvements to be protected, disposal sites for surplus materials not designated to be salvaged materials, methods of providing ingress or egress to private properties,. and methods of handling traffic; to inform themselves, by their independent research, tests, and investigation, of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work or time required for its completion; and obtain all information required to make an intelligent proposal. No information given by the City or any official thereof, other than that shown on the plans and contained in the specifications, proposal, and other documents, shall be binding upon the City. Bidders shall rely exclusively upon their own estimates, investigations, tests, and other data which are necessary for full and complete information upon which the proposal may be based. It is mutually agreed that submission of a proposal is evidence that the bidder has made the examinations, investigations, and tests required herein. B-2-4 Forms, Plans and Specifications: j1 Unless otherwise specified in the Notice to Bidders and Special Provisions, forms of proposal, contract and bonds and plans and specifications may be obtained at the offices of the City Engineer in the City Hall upon making a Plans Deposit as designated, which sum so deposited will be refunded provided the prospective bidder returns all documents, except proposal form if bidding, to the offices of the City Engineer within two (2) weeks from and after the time and date of receiving proposals. If the prospective bidder does not comply with this requirement, the sum of the Plans Deposit shall become the property of the City of Corpus Christi, Texas. B-2-5 Addenda: 11 Addenda to the plans and specifications, which are formal written notices of additions, deletions, modifications, or explanations of contract documents from the City to prospective bidders in advance of the bid date, may be issued by the (rev. Nov/94) PAGE 4 OF 29 City Engineer. Such addenda will be mailed immediately to the address designated [11 by prospective bidders taking out plans, specifications, and proposal forms. B-2-6 Pre-Bid Conference: Any prospective bidder may request a pre-bid conference to discuss the plans, specifications, and proposal. If such a conference is requested, it will be held approximately one week prior to the bid opening. Each prospective bidder who has furnished the Plans Deposit required by the Notice to Bidders will be notified of the date, time, and location of the pre-bid conference. Any clarification to the contract documents deemed necessary as a result of the pre-bid conference will be made by written addenda. B-2-7 Preparation of Proposal: The bidder shall submit his proposal on the forms furnished by the City. All blank spaces in the forms shall be correctly filled in, and the bidder shall 1: state the prices, written in ink, for which he proposes to do the work contemplated or furnish the material required; the unit prices shall be written both in words and numerals. Such prices shall be written distinctly legible. In case of discrepancy between the unit price written in words and the unit price written in figures, the unit price written in words shall govern. The unit price shall govern over the amount. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association, or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given and the proposal signed by an official or duly authorized agent. Proposals submitted by a joint venture shall list all participants and their addresses. Powers of attorney, authorizing agents or others to sign proposals, must be properly certified and must be in writing and submitted with the proposal. B-2-8 Proposal Guaranty: No proposal will be considered unless accompanied by an individual bid security (bond) for the project in the amount of five percent (5%) of the highest amount bid. Such bid security shall be issued by a firm licensed for issuance in the State of Texas. A cashier's check, certified check, money order, or bank draft from any state or national bank will also be acceptable. The security shall be deemed a good faith offer on the part of the bidder to accept a contract, if awarded. In the event the successful bidder declines to accept such award or cannot provide the required bonds and insurance certificates within ten (10) calendar days of the award of the contract, then the amount of the bid security will become the property of the City, not as penalty but as liquidated damages. The bid securities of the unsuccessful bidders may be released within forty- ['s eight (48) hours of the time bids are received. The bid security of the successful bidder will be released upon execution of the contract documents and submission of the required bonds and certificates. B-2-9 Filing of Proposal: No proposal will be considered unless it is filed with the City Secretary's office in the City Hall, Corpus Christi, Texas, within the time limit for receiving proposals as stated in the advertisement. Each proposal shall be in a sealed envelope, plainly marked with the word "PROPOSAL" and the name and description of the project as designated in the "ADVERTISEMENT". B-2-10 Withdrawing Proposals: Proposals filed with the City Secretary cannot be withdrawn or modified prior to the time set for opening proposals. Request for non-consideration of (rev. Nov/99) PAGE 5 OF 29 I proposals must be made in writing addressed to the City Engineer and filed with the City Secretary prior to the time set opening proposals. After other proposals are opened and publicly read, the proposal for which withdrawal is properly requested may be returned unopened. B-2-11 Cancellation of Bid Opening: The City may, at any time, before any bids are actually opened, cancel the opening of the bids and return all bids unopened. B-2-12 Opening Proposals: 11 The proposals filed with the City Secretary will be opened at the time stated in the advertisement and publicly read aloud and shall thereafter remain on file with the City. No contract will be entered into based upon such proposals until after forty-eight (48) hours shall have elapsed. Proposals not accompanied by the required proposal guaranty will not be read. B-2-13 Irregular Proposals: Proposals will be considered irregular if they show any omissions, failure to properly account for duly issued addenda, alterations of form, additions, conditions not called for, unauthorized alternate bids or irregularities or qualifications of any kind. However, the City reserves the right to waive any irregularities and to make the award in the best interest of the City. 11 B-2-14 Reiection of Proposals: The City reserves the right to reject any or all proposals, and all proposals 11 submitted are subject to this reservation. Proposals containing any irregularities or showing an unbalanced value of any items may be rejected. Proposals will be rejected for any of the following specific reasons: (a) Proposal received after the time limit for receiving proposals as stated in the advertisement. (b) Proposal submitted without the required bid security. (c) Proposal submitted and not sealed and/or identifiable to a particular project. B-2-15 Disqualification of Bidders: Bidders may be disqualified and their proposals not considered for any of the ji following specific reasons: (a) Reason for believing collusion exists among the bidders. (b) Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated. (c) The bidder being interested in any litigation against the City. (d) The bidder being in arrears on any existing contract, having defaulted on previous contracts, or being delinquent in the payment of City taxes. (e) Uncompleted work which, in the judgment of the City, will prevent or hinder the prompt completion of additional work if awarded. 11(f) Previous experience investigation reveals poor, incomplete, unacceptable, or inferior work performance and prosecution and lack of fiscal responsibility in paying for services, labor, or products rendered on such previous work. (rev. Nov/94) PAGE 6 OF 29 B-2-16 Disclosure of Interests: All entities desiring to do business with the City of Corpus Christi are required to provide a Disclosure of Interests. The required form is included as a part of the proposal. Prospective bidders may submit the form with their proposal. The successful bidder shall be required to submit the form within [1, seven (7) calendar days of the receipt of bids. The City also reserves the right to require similar statements from all material suppliers and subcontractors of the successful bidder. B-3 AWARD AND EXECUTION OF CONTRACT: B-3-1 Consideration of Contract: r110After proposals are opened, the proposals will be tabulated for comparison on the basis of the bid prices and quantities shown in the proposal. Until final award of the contract, the City reserves the right to reject any or all proposals or proceed to do the work otherwise in the best interest of the City. 1: B-3-2 Award of Contract: The City reserves the right to withhold the award of the contract for a reasonable period of time from date of opening proposals, and no award will be made until after investigations are made as to the responsibilities of the low bidder. In the City's considering of an award, the bidder may be requested to submit statements regarding previous experience in performing comparable or similar work, his business or technical organization and equipment to help the City evaluate the bidder's abilities. The basis for an award will be determined by the lowest responsible bidder (Article 2368a VATS) deemed most advantageous to 1; the City and not necessarily the lowest bidder. In no case will a contract be awarded until at least forty-eight (48) hours shall have elapsed from the time of opening proposals. 1: B-3-3 Equal Opportunity Employer Provisions: Every Contractor must agree that during the performance of his contract he will: ho (1) Treat all applicants and employees without discrimination as to race, color, religion, sex, or national origin. (2) Identify himself as an equal opportunity employer in all help wanted advertising or requests. The Contractor is hereby advised that any complaints filed with the City alleging that a Contractor is not an equal opportunity employer during the six months preceding the date of receipt of bids will be referred to the Human Relations Commission through its Human Relations Administrator for the purpose of review and recommendations. The report of the Human Relations Commission will be transmitted to the City Engineer who will include a summary of such report with any future bid award recommendations for which the Contractor is a bidder and bring to the attention of the City Council any such report received prior to the C: issuance of a work order to any such Contractor. A copy of this report shall be sent to the Contractor. The Human Relations Administrator will follow up any such report and bring to the attention of the Commission any further action by the Contractor which would include that the findings of the Commission should be modified. Any such modified findings of the Commission will be delivered to the City Engineer with a copy to the Contractor and be included in any future bid award recommendations. 1► (rev. Nov/94) PAGE 7 OF 29 The City Council reserves the right to consider such reports in determining the best bid and to terminate, on the basis of such report, any portion of a contract for which a work order has not been issued. However, the Contractor is specifically advised that no equal opportunity employment complaint will be the I/ basis for cancellation of any contract for which a work order has been issued. B-3-4 Surety Bonds: With the execution and delivery of the contract, the Contractor shall furnish and file with the City, in the amounts herein required, the following surety bonds: (a) Performance Bond: A good and sufficient bond in an amount equal to one hundred percent (100%) of the approximate total amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the City and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work, or the use of inferior materials. This bond shall provide for the repair and maintenance of all defects due to faulty materials, faulty combinations of materials, and/or faulty workmanship that appear within a period of one year from the date of completion and acceptance of the improvement by the City, or such lesser or greater period as may be designated in the Special Provisions. A Performance Bond will not be required if the contract amount does not exceed $25, 000.00. (b) Payment Bond: A good and sufficient bond in an amount equal to one 11 hundred percent (100%) of the approximate total amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and proper protection of all claimants supplying labor and/or material in the prosecution of the work provided for in said contract and for the use of each such claimant. A Payment Bond will not be required if the contract amount does not exceed $25, 000.00. (c) Other Bonds: Other bonds, if required in the Special Provisions. 1/ No surety will be accepted by the City who is now in default or delinquent on any bonds or who is interested in any litigation against the City. All bonds 11 shall be issued by an approved surety company authorized to do business in the State of Texas and acceptable to the City, and the surety shall designate an agent who is a resident of Nueces County, Texas. Each bond shall be executed by the Contractor and the surety. 11 Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given the Contractor to that effect, and the Contractor shall immediately provide a new surety satisfactory to the City. No payment will be made under the contract until the new surety, or sureties as required, has qualified and been accepted by the City. The contract shall not be operative nor will any payments be due or paid until approval of the bonds has been made by the City. The City requires that the Power of Attorney submitted with any surety bond (Performance, Payment, etc. ) be signed with an original signature and properly dated and sealed. In the event a facsimile Power of Attorney is used, the City must have on file a sworn statement from an officer of the surety company to the effect that the agent who signs the bond form for the surety is currently in good standing with the surety. It is also required that the facsimile be a true copy 11 of the original Power of Attorney on file among the records of the surety in its home office, not be amended or abridge, still be in full force and effect, and that the City will be notified in the event of cancellation of the particular agent. B-3-5 Execution of Contract: (rev. Nov/94) PAGE 8 OF 29 L The person or persons, partnership, company, firm, association, corporation, or joint venture to whom a contract is awarded shall, within ten (10) calendar days L. after such award and after the Contractor has been requested to execute the documents, sign the required contract, furnish the required insurance certificates, and execute the required bonds. No contract shall be binding on the City until it has been attested by the City Secretary, approved as to form by the City Attorney, executed for the City by the City Manager, and delivered to the Contractor. (: B-3-6 Failure to Execute Contract: The failure of the bidder to execute the required bonds, furnish the required insurance certificates, and sign the required contract within ten (10) calendar 110 days after the contract is awarded and the Contractor has been requested to execute the documents shall be considered by the City as an abandonment of his proposal, and the City may annul the award. By reason of the uncertainty of the market prices of materials and labor and its being impracticable and difficult to [10 determine accurately the amount of damages accruing the City by reason of the said bidder's failure to execute said bonds and contract within ten (10) calendar days, the proposal guaranty accompanying the proposal shall be the agreed amount of damages which the City will suffer by reason of such failure on part of the bidder and shall thereupon immediately be forfeited to the City. The filing of a proposal will be considered an acceptance of this provision. [0 B-4 SCOPE OF WORK: B-4-1 Intent of Plans and Specifications: The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. B-4-2 Subsidiary Work: In the course of furnishing or constructing a complete work or improvement, certain work may be necessary which is subsidiary to the items which are established as pay items. Some such subsidiary work may be shown and specified in detail in the plans and specifications, other work may be less completely shown, and other such work which is entirely necessary for the satisfactory completion of the work as a whole may not be noted on the plans or in the specifications. It shall be the duty of the Contractor to carry out all such subsidiary work as if fully shown, and the cost of such work shall be made subsidiary to the established pay item. B-4-3 Increased or Decreased Quantities of Work: (a) The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found necessary, and the Contractor shall perform the work as altered. No allowance will be made for any change in anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the contract or bonds. (b) A Major Item as used in this Section shall be construed to be any individual bit item included in the proposal that has a total cost equal to or greater than five percent (5%) of the total contract cost computed on the basis of the proposal quantities and the contract unit prices. [1'0 (rev. Nov/94) PAGE 9 OF 29 I (c) When the quantity of work to be done or of materials to be furnished under any Major Item of the contract is more than one hundred twenty-five (125%) of the quantity of that unit stated in the proposal, then either party to the contract, upon demand, shall be entitled to revised consideration on that portion of the work above one hundred twenty-five percent (125%) of the quantity stated in the proposal. (d) When the quantity of work done or materials to be furnished under any Major Item of the contract is less than seventy-five percent (75%) of the quantity of that item stated in the proposal, then either party to the contract, upon demand, shall be entitled to revised consideration on the work performed. (e) Any revised consideration is to be determined by special agreement or as is hereinafter provided under "Payment for Extra Work". 11 B-4-4 Alteration of Plans and Specifications: The City reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original plans and specifications or change the general nature of the work as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the contract and bonds. B-4-5 Value Engineering Incentive Procedures: After the award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP's) identifying potential reductions in the contract cost by effective changes to the contract plans and specifications. Any VECP submittal shall include the following: 11 (1) The present contract requirement and description of the proposal change including any modifications to the plans and specifications. 1/ (2) The comparative advantages and disadvantages of both the present requirement and the proposed change. (3) An analysis of how the proposed change will alter the function, 11 characteristics and/or performance of a component. (4) A separate detailed cost estimate comparing the cost of the existing 11 requirement and the cost of the proposed change including any costs which might be incurred in testing or evaluation of the proposed change. (5) A comparative projection of the operational and maintenance costs of the existing requirement and the proposed change. (6) A projection of the latest date which the VECP can be incorporated into the contract to achieve maximum cost savings. Any effect upon completion time or delivery schedule should also be noted. The City Engineer shall notify the Contractor of the status of the VECP within thirty (30) days of its receipt. Acceptance or rejection of the VECP by the City 11 Engineer shall be final. If the VECP is not accepted, written notification will be provided detailing the reasons for rejection. Any VECP may be accepted in whole or in part. Execution by both parties of a change order to the contract covering the proposed changes shall constitute approval of the VECP and authorization to proceed with the changes. Until such time as the change order is executed, the Contractor shall perform in accordance with the provisions of the existing contract. I (rev. Nov/94) PAGE 10 OF 29 The Contractor's share of the savings resulting from approval of the VECP shall be fifty percent (50%) of the net cost savings calculated as follows: Contractor's Share = .50 (existing contract requirement cost -proposed change costs - testing and evaluation costs incurred by the City or Contractor) . This savings will be reflected on the change order approving the VECP and [0 authorizing the change. Deletion of contract work or construction items and changes initiated by the City will not be considered as VECP's. In those ["0 instances, the City will realize 100% of the contract reduction or cost savings. B-4-6 Extra Work: When additional work not shown in the plans and specifications or reasonably inferred as subsidiary work or as normal adaptation to existing conditions is required, the Contractor shall do such work when ordered in writing by the Engineer. Payment for such extra work will be made as hereinafter provided. 1: B-5 CONTROL OF THE WORK AND MATERIALS: B-5-1 Authority of the City Engineer: All work shall be performed under the supervision of the City Engineer in a workmanlike manner and to his satisfaction. He shall decide all questions which "" arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, sequence of the construction, interpretation of the plans and specifications, acceptable fulfillment of the contract, compensation, mutual rights between Contractors under these specifications and suspension of the work. He shall determine the amount and quality of the work performed and materials furnished, and his decisions and estimates shall be final. His estimate in such event shall be a condition precedent to the right of the Contractor to receive money due him under the contract. B-5-2 Authority and Duty of Engineers or Inspectors: The City Engineer may appoint Engineers and/or Inspectors as assistants to inspect all work done and material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the ["0 materials to be used. The Engineer or Inspector will not be authorized to revoke, alter, expand, relax, or waive any requirements of the contract documents. The Engineer or Inspector will keep a record of the progress of the work and the manner in which it is being performed and inform the City Engineer [0 of same. He is authorized to call to the attention of the Contractor any deficiency of the work or of materials to conform to the contract documents; however, failure to do so shall not constitute acceptance of said work. The Contractor shall furnish the Engineer with every reasonable facility for [40 ascertaining whether or not the work performed was in accordance with the requirements and intent of the plans and specifications. The Engineer or Inspector shall in no case act as foreman or supervisor or 10 perform other duties for the Contractor nor interfere with the management of the work by the latter. Any advice which the Engineer or Inspector may give the Contractor shall in no way be construed as binding to the City or release the Contractor from fulfilling all the terms of the contract. The Engineer or Inspector shall have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the City Engineer. If the Contractor refuses to suspend operations on verbal order, the Engineer or Inspector shall issue a written order giving the reason for suspending the work. After delivering the order to the person in charge, the Engineer or Inspector shall immediately leave the job site. Work done during the absence of the Engineer or Inspector under these circumstances will not be accepted or paid for. (rev. Nov/94) PAGE 11 OF 29 I B-5-3 Conformity with Plans: All work shall conform to the lines, grades, cross-sections, and dimensions shown on the plans. Any deviation from the plans which may be required by the exigencies of construction will be determined by the City Engineer and authorized by him in writing. 11 B-5-4 Existing Structures: The plans show the location of all known surface and subsurface structures. However, the location of many gas mains, water mains, conduits, sewers, etc. is unknown, and the City assumes no responsibility for failure to shown any or all of these structures on the plans or to show them in their exact location. It is mutually agreed such failure will not be considered sufficient basis for claims for additional compensation for extra work in any manner whatsoever unless the obstruction encountered is such as to necessitate substantial changes in the 11 lines or grades or requires the building of special work for which no provision is made in the plans and which is not essentially subsidiary to some item of work for which provision is made. It is assumed that, as elsewhere provided, the Contractor has thoroughly inspected the site, is informed as to the correct location of surface structures, has included the cost of such incidental work in the prices bid, and has considered and allowed for all foreseeable incidental work due to variable subsurface conditions, whether such conditions and such work are fully and properly described on the plans or not. Minor changes and variations of the work specified and shown on the plans shall be expected by the Contractor and allowed for as incidental to the satisfactory completion of a whole and functioning work or improvement. 11 B-5-5 Coordination of Plans, Specifications, Proposal and Special Provisions: The plans, general provisions, proposal, special provisions, standard 1/ specifications and all supplemental documents are intended to describe a complete work and are essential parts of the contract. A requirement occurring in any of them is binding. In case of discrepancies, figured dimensions shall govern over 11 scale dimensions; plans shall govern over specifications; special provisions shall govern over both general and standard specifications; and plans and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the 11 plans and specifications, and the City Engineer shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the plans and specifications. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this to the attention of the Engineer. B-5-6 Cooperation of Contractor: 11 The Contractor will be supplied with three (3) copies of the plans and specifications. The Contractor shall have available on the work at all times one copy of said plans and specifications. The Contractor shall give to the work the consistent attention necessary to facilitate the progress thereof, and he shall cooperate with the City Engineer, his authorized representatives, and with other contractors in every way possible. The Contractor shall provide a competent superintendent on the work at all times who is fully authorized as his agent on 11 the work. Such superintendent shall be capable of reading and understanding the plans and specifications and shall receive and fulfill instructions from the City Engineer or his authorized representatives. The Contractor shall provide all facilities to enable the Engineer or Inspector to inspect the workmanship and 11 materials entering into the work. On marine work, the Contractor shall furnish motorboat transportation as required by the Engineer for the purpose of inspecting the work. The superintendent shall keep the City Engineer or his representative informed of the work he is planning to do and the work schedule. (rev. Nov/94) PAGE 12 OF 29 L B-5-7 Construction Staking: [16 The Engineer will furnish the Contractor with lines, grades, and measurements necessary for the proper prosecution and control of the work contracted for under these specifications. Such stakes or markings as the Engineer may establish [10 either for his own use or the Contractor's guidance shall be preserved by the Contractor until authorized by the Engineer to remove same. Unnecessary destruction of stakes shall not be allowed by the Contractor. The Contractor shall be bound to examine the stakes set and check the lines and grades thus set against the plans and profiles, and shall be accountable particularly that 60 gutters, structures, and pipes which drain in a certain direction on the plans do so drain when constructed. B-5-8 Source of Supply of Materials: The materials shall be the best procurable as required by the plans, specifications, and special provisions. The Contractor shall not start delivery of materials until the Engineer has approved the source of supply. Only material conforming to these specifications shall be used, only after written approval has been given by the Engineer, and only so long as the quality of said materials rit remains equal to the requirements of the specifications. The Contractor shall furnish approved materials from other sources if for any reason the product from any source at any time before commencement or during the prosecution of the work proves unacceptable. After approval, any material which has become mixed with or coated with dirt or any other foreign substances during its delivery and handling will not be permitted to be used in the work. New material is required unless otherwise specially provided in the plans and specifications. B-5-9 Samples and Tests of Materials: Where, in the opinion of the Engineer or as called for in the specifications, tests of material are necessary, such tests will be made at the expense of the City unless otherwise provided. The failure of the City to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials conforming to the specifications. Tests, unless otherwise specified, will be made in accordance with the latest methods of the American Society for Testing Materials. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not use the materials represented by the samples until tests have been made. The Contractor shall furnish adequate samples without charge. B-5-10 "Or Equal" Clause: All bids shall be based on the specified products. Where two or more products are specified for an item of work, either one thereof is acceptable and the choice is left to the Contractor. Where only one product is specified, and where the term "or approved equal" or similar wording is used in connection with Lisspecified products, the Contractor may, if he so desires, offer for consideration a substitute product which he judges to be equal in every respect to the required product. When a specific process is specified as well as a guarantee of the results, the Contractor shall, if in his judgement the process may not produce the required result, offer for approval an alternative process which he would guarantee. All such offers shall be made in writing to the Engineer after award of contract. L. The Contractor shall furnish to the Engineer with the first submittal sufficient drawings, specifications, samples, performance data, and other information necessary to assist the Engineer in determining whether the proposed substitution is acceptable. The burden of proof shall be upon the Contractor. No consideration will be given to incomplete submittals. Substitutions must be approved in writing before they may be used. ["0 B-5-11 Storage of Materials: (rev. Nov/94) PAGE 13 OF 29 11 Materials shall be stored so as to insure the preservation of their quality and fitness for the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. Particular attention is directed to the storage or structural steel and reinforcing steel, which shall not be stored on the ground. 11 B-5-12 Removal of Defective and Unauthorized Work: All work which has been rejected or condemned shall be repaired, or if it 11 cannot be repaired satisfactorily, it shall be removed and replaced at the Contractor's expense. Defective materials shall be immediately remove from the site of the work. Work done without line and grade having been given, work done beyond the lines or not in conformity with the grades shown on the plans or as given, save as herein provided, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices shall be done at the Contractor's risk and will be considered unauthorized and, at the option of the Engineer, may not be measured and paid for and may be ordered removed at the Contractor's expense. Upon failure of the Contractor to repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice from the Engineer, the Engineer will, after giving written notice to the Contractor, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost thereof from any monies due or to become due the Contractor. B-5-13 Final Inspection: The Engineer will make final inspection of all work included in the contract as soon as practicable after the work is completed and ready for acceptance. If the work is not acceptable to the Engineer at the time of such inspection, he will inform the Contractor as to the particular defects to be remedied before final acceptance will be made. Previous inspection by the Engineer or his 11 representatives during the course of the work shall not be interpreted as approval or acceptance of work or materials which on final inspection are found to be defective or note in accordance with the contract and its duly authorized modifications. 11 B-5-14 Warranty Inspection: Forty-five (45) to sixty (60) days prior to the expiration of the maintenance 11 guaranty period as specified in the contract documents, a warranty inspection will be made. The Contractor may be notified when this examination will be made so that he or his representatives may be present. Within the maintenance guaranty period, the Contractor when ordered by the Engineer, shall repair, replace or rebuild such portions which are found to be faulty because of materials or workmanship. The Contractor shall begin the remedial work within ten (10) calendar days of written order by the Engineer. In case the Contractor does not start remedial work within the above time limit, or in case of an emergency condition caused by faulty work, the City may take remedial action and charge the cost thereof against the Contractor and/or his surety. B-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY: 11 B-6-1 Laws to be Observed: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any manner affect the conduct (rev. Nov/94) PAGE 14 OF 29 L of the work and shall observe and comply with all orders, laws, ordinances and [*0 regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No pleas of misunderstanding or ignorance thereof will be considered. The Contractor and his surety shall indemnify and save harmless the City and all its officials, agents, and employees against any claims or liability arising from or based on the violation of any such law, ordinance, regulation or order, whether by himself or his employees. [0 B-6-2 Permits and Licenses: [: The Contractor shall procure all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees (except City fees) , give all notices necessary and incidental to the due and lawful prosecution of the work, and arrange for all building, plumbing, electrical or other inspections as appropriate. 1: B-6-3 Patented Devices, Materials and Processes: If the Contractor is required or desires to use any design, device, material or process covered by letters, patent or copyright, he shall provide for such use by [0 suitable legal agreement with the patentee or owner. It is mutually agreed and understood that, without exception, contract prices shall include all royalties or costs arising from patents, trademarks and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material or process or any trademark or copyright in connection with the work agreed to be performed under this contract and shall indemnify the City for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. B-6-4 Sanitary Provisions: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to [.0 prevent the inception and spread of infection or contagious diseases and to prevent effectively the creation of a nuisance about the work or any property either public or private, and such regulations as are required by the Engineer shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as will be approved by the Engineer, and their use shall be strictly enforced by the Contractor. All sanitary laws and regulations of the State of Texas and the City of Corpus Christi shall be strictly complied with. B-6-5 Public Convenience and Safety: Materials stored about the work shall be so placed and the work shall at all times be so conducted as to cause no greater obstruction to the traveling public than is considered necessary by the Engineer. The Contractor shall, upon direction of the Engineer, make provisions by bridges or otherwise at sidewalks and private driveways for the free passage of pedestrians and vehicles provided that, where bridging is impracticable or unnecessary in the opinion of the Engineer, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of roadways and bridges. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials or plant used in the construction of the work shall be placed so as not to endanger the work or (rev. Nov/94) PAGE 15 OF 29 I prevent free access to all fire hydrants, water valves, gas valves, manholes for telephone, telegraph, signal or electric conduits, sanitary or storm sewers, and fire alarm or police call boxes in the vicinity. The City reserves the right to remedy any neglect on the part of the Contractor as regards the public convenience and safety which may come to its attention after twenty-four hours' notice in writing to the Contractor except in case11 of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done by the City shall be deducted from monies due or to become due the Contractor. The Contractor shall notify the Fire and Police Division Headquarters when any street is closed or obstructed. 11 Where the Contractor is required to construct temporary bridges or make other arrangements for crossings over ditches or streams, his responsibility for accidents shall include the roadway approaches as well as 11 the structures of such crossings. The Contractor shall mark all detours as directed by the Engineer so that the entire route of the detour is designated, such markings to be by neat and workmanlike signs large enough and so painted and so placed as to be clearly visible. B-6-6 Privileges of Contractor in Streets, Alleys and Right-of-Way: For the performance of the contract, the Contractor will be permitted to occupy such portions of streets or alleys, or other public places or other right-of-way, as provided for in the ordinances of the City, as shown on the plans or as permitted by the Engineer. A reasonable amount of tools, materials and equipment for construction purposes may be stored in such space but not more than is necessary to avoid delay in the construction. Excavation and waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designated to be left free and unobstructed. Other Contractors of the City may, for all purposes be required by their contracts, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contractors of the City all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. 11 B-6-7 Railway Crossings: Where the work encroaches upon any right-of-way of any railway, the City will 1/ secure the necessary easement for the work. Where railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to methods of doing the work or precautions for safety of property and the public. All negotiations with the railway company, except for right-of-way, shall be made by the Contractor. The railway company shall be notified by the Contractor not less than five (5) days previous to time of his intentions to begin the work. The Contractor will not be paid direct I/ compensation for such railway crossing but shall receive only the compensation for such railway crossing as set out in the proposal. B-6-8 Traffic Control Devices: 11 Where the Contractor's operations are carried on in or adjacent to any public right-of-way or public place and which, in the opinion of the City Engineer, interferes with normal vehicular and pedestrian traffic, the Contractor shall take appropriate measures to protect persons, property and the work. Such measures shall include but not be limited to barricades, lights, signs, fences, flagmen, and watchmen. Such measures shall be taken to exclude or route 11 pedestrian and vehicular traffic around the work and area of operations. Barricades, lights, signs and flagmen shall be utilized in accordance with the Uniform Barricading Standards and Practices as adopted by the City. The Contractor shall be responsible for all damages to persons, property and 11 the work occasioned by his operations and said responsibility shall not cease until the project has been accepted by the City. 11 (rev. Nov/94) PAGE 16 OF 29 b B-6-9 Use of Explosives: Should the Contractor elect to use explosives in the prosecution of the work, the utmost care shall be exercised so as not to endanger life or property. The City shall not be held liable for damages done by the Contractor in the use of explosives. The Contractor shall notify the proper representatives of any public service corporation, any company or any individual not less than eight (8) hours in advance of the use of explosives which might damage or endanger their or his property along or adjacent to the work. Wherever explosives are stored or kept, they shall be stored in a safe and secure manner, and all storage places shall be Le plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent e watchmen at all times. B-6-10 Protection and Restoration of Property: Where the work passes over or through private property, the City will provide such right-of-way. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc., to all water, sewer and gas lines; to all conduits, to all overhead pole lines, or appurtenances thereof; and to all other public and private property along or adjacent to the work. The Contractor shall be responsible for all damage or injury to the property of any [0 character resulting from any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition similar to equal to that existing before such damage or injury was done by repairing, rebuilding or otherwise restoring as may be directed, or he shall made good such damage from injury in a manner acceptable to the owner or the Engineer. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Engineer may, C: after forty-eight (48) hours written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild or otherwise restore such property as may be determined necessary, and the cost thereof will be deducted from any monies due or to become due the 1: Contractor under his contract. B-6-11 Responsibility 7:17: or Damage Claims: The Contractor shall not commence work under this contract until he has obtained all insurance required herein and such insurance has been approved by the City. The Contractor shall not allow any subcontractor(s) to commence work [01 until all similar insurance required of the subcontractor(s) has been so obtained. Within ten (10) calendar days after the date the City requests that the Contractor sign the contract documents, the Contractor shall furnish the City with certificates of insurance evidencing that the Contractor has obtained insurance coverage of the types more particularly described below in parts (a) through (e) of this section. (For self-insured workers' compensation coverage, INother documents, specified hereafter, may be substituted for the certificate of insurance just described) . The workers' compensation insurance policy need not list the City as an additional insured. Additionally, all certificates of insurance shall state the name of the project in the "Description of Operations" section of such certificate. These certificates and any subsequent insurance certificates in connection with this particular contract shall be delivered to the offices of the City Engineer. The Certificates of Insurance shall state that L. ten (10) days written notice will be given the City before any policy covered thereby is changed or canceled and shall show the following minimum coverage in an insurance company acceptable to the City. The City reserves the right to modify minimum limits based upon the nature and scope of the work. The Contractor agrees to comply with the Supplemental Insurance Requirements stated C: in the "Special Provisions" section of this contract. (rev. Nov/94) PAGE 17 OF 29 (a) General Liability, including Commercial General Form; Premises - Operations; Explosion & Collapse Hazard; Underground Hazard; Products/Completed Operations Hazard; Contractual Insurance, with an endorsement on the face of the certificate that it includes the "Hold Harmless" in the last paragraph of this provision; Broad Form Property Damage; Independent Contractors; and Personal Injury: MINIMUM INSURANCE COVERAGE Bodily Injury and Consequent Death $300,000 Per Person 11 Bodily Injury and Consequent Death $500,000 Each Occurrence Property Damage $100,000 Each Occurrence (b) Automobile Liability - Owned, Nonowner or Rented: 11 MINIMUM INSURANCE COVERAGE Bodily Injury and Consequent Death $100,000 Per Person Bodily Injury and Consequent Death $300,000 Each Occurrence Property Damage $100, 000 Each Occurrence (c) Workers' Compensation and Occupational Diseases: 11 The Contractor shall obtain worker's compensation insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10) calendar days after the date the City requests that the Contractor sign the contract documents, the Contractor shall provide the City with a copy of its certificate of authority to self-insure its workers' compensation coverage as well as a letter, signed by the Contractor, stating that the certificate of authority to self-insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the 11 City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Contractor shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P.O. Box 9277, Corpus Christi, Texas 78469 - Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed 11 insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all worker' compensation obligations incurred by the Contractor will be promptly met. (d) Employer's Liability: Minimum Insurance Coverage - $100, 000 Per Person 11 (e) Builder's Risk Insurance Coverage: Contractor will be responsible for providing builder's risk insurance coverage for the term of the contract up to and including the date the City 11 finally accepts the project or work. Builder's risk coverage shall be an "All Risk" form. The policy shall be a completed value form. The Contractor shall provide such builder's risk coverage as indicated in the Special Provisions, 11 which is estimated to be the value at completion of the real or personal property to be constructed, repaired or otherwise improved under the contract. (rev. Nov/94) PAGE 18 OF 29 Contractor shall be responsible for paying all costs necessary to procure [: such builder's risk insurance coverage, including any deductible. The City shall be named an additional insured on any policies providing such insurance coverage. In the event of accidents of any kind, the Contractor shall furnish the City with copies of all reports such accidents at the same time that the reports are forwarded to any other interested parties. It shall be the Contractor's primary responsibility for immediately notifying the carriers of any or all insurance under this contract in the event of a known loss or claim presented to the [11 Contractor by the City or a third party. Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any other person indemnified hereunder. B-6-12 Contractor's Claim for Damages: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the City, he shall, within three (3) days after sustaining such alleged damage, make a written statement to the City Engineer, setting out in detail the nature of the alleged damage; and on or before the twenty-fifth (25th) day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the City Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the City Engineer access to all books of accounts, receipts, vouchers, bills of lading and other books or papers containing any evidence as to the amount or such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived and he shall not be entitled to payment on account of such damage. iB-6-13 Public Utilities and Other Property to be Changed: In case it is necessary to change or move, the property shall not be moved or interfered with until ordered to do so by the Engineer, unless the plans or specifications show that such work is to be done by the Contractor. The right is reserved to the owner of public utilities to enter upon the limits of the 10 contract for the purpose of making such changes or repairs of their property that may be necessary by performance of the contract. The City reserves the right of entering upon the limits of the contract for the purpose of repairing or relaying sewer, gas and water lines and appurtenances, repairing structures, etc., and making other repairs, changes or extensions to any City property. B-6-14 Temporary Sewer and Drain Connections: [11 When existing sewers have to be taken up or removed, the Contractor shall, at his cost and expense, provide and maintain temporary outlets and connections for all private or public drains or sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers; and for this purpose, he shall provide and maintain, at his own expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own expense, shall construct such troughs, pipes or other structures necessary to and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such time as the permanent connections are built and in service. The existing sewers and connections shall be kept in service and maintained under the contract except where specified or ordered to be abandoned by the Engineer. All water or sewage shall be disposed of in a (rev. Nov/94) PAGE 19 OF 29 I satisfactory manner so that no nuisance is created and so that the work under construction will adequately be protected. B-6-15 Arrangement and Charge for Water Furnished by the City: Where the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the City of Corpus Christi, Department of Public Utilities for so doing. However, this in no way obligates the City to provide water. B-6-16 Use of Fire Hydrants: No person shall open, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve or stop cock, or tap and water main belonging to the City unless duly authorized to do so by the City of 11 Corpus Christi, Water Division Superintendent. B-6-17 Use of a Section or Portion of the Work: 11 Wherever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these specifications or the contract pending final completion and acceptance of the work; all necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship or to operations of the Contractor, shall be performed by the Contractor at his own cost and expense. B-6-18 Separate Contracts: The City reserves the right to make essential installation of items not 11 included in the contract prior to acceptance of the project from the Contractor. Within this right, the City may let other contracts or may do such work with its own materials and labor forces. The City, in reserving this right, warrants that it will cooperate with the Contractor's forces and goals. The Contractor shall11 not commit or permit any act which will interfere with the performance of work by any other contractor or company or by City employees. The Contractor shall cooperate to the end that the City may realize a complete functioning of the project on the date of Final Acceptance. B-6-19 Contractor's Responsibility for the Work: Until written acceptance by the Engineer, as provided for in these11 specifications, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any other cause whatsoever, whether arising from the execution or non-execution of the work. The Contractor shall rebuild, repair, restore and make good, at his own cost and expense, all injuries or damages to any portion of the work occasioned by any of the hereinabove causes. 11 B-6-20 No Waiver of Legal Right: Inspection by the Engineer, any order, measurement, quantity or certificate by the Engineer; any order by the City for payment of money; any payment for or acceptance of any work; or any extension of time; or any possession taken by the City shall not operate as a waiver of any provisions of the contract or any power therein reserved to the City of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be waiver of any other or subsequent breach. The City reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The City reserves the right I/ (rev. Nov/94) PAGE 20 OF 29 cii to claim and recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the Contractor or his agents and the Engineer or his assistants, discovered in the work after the final payment has been made. [I: B-6-21 Indemnification and Hold Harmless: The Contractor shall hold the City, its officials, employees, attorneys, and [4.11 agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from an act or omission of the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work E. done under the contract or in connection therewith by the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or the operations or activities of the Contractor or any subcontractor, supplier, materialman, or their officials, employees, agents, or 1: consultants. B-6-22 Tax Exemption Provision: Contracts awarded by the City of Corpus Christi qualify for exemption pursuant to the provision of Article 20.04 (H) of the Texas Limited Sales, Excise C: and Use Tax Act. The Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, I: said exemption certificate complying with State Comptroller's Ruling #95-0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's Ruling #95-0.09 as 1: amended to be effective October 2, 1968. B-7 PROSECUTION AND PROGRESS: C: B-7-1 Subletting the Work: The Contractor shall perform with his own organization and with the i'm assistance of workmen under his immediate superintendence, work of a value not less than fifty percent (50%) of the value of all work embraced in the contract exclusive of items not commonly found in contracts for similar work or which require highly-specialized knowledge, craftsmanship and/or equipment not C: ordinarily available in the organizations of Contractors performing work of the character embraced in the contract. No portion of the work covered by these specifications and contract, except contracts for purchase and delivery of materials, shall be sublet without written permission of the City. If the 1: Contractor sublets any part of the work to be done under his contract, he will not, under any circumstances, be relieved of his responsibility and obligations. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees and/or workmen and shall be iii subject to the same requirements as to character, competency, wages and hours. The City will not recognize any subcontractor on the work. The Contractor shall, at all times when the work is in operation, be represented either in person or by LII a qualified superintendent or other designated representative. B-7-2 Assignment of Contract: is The Contractor shall not assign, transfer, convey or otherwise dispose of the contract or his right, title or interest in or to the same, or any part thereof, without the previous consent of the City Council and concurred in by the sureties. If the Contractor does without such previous consent assign, transfer, . convey or otherwise dispose of the contract or of his rights, title or interest therein, or any part thereof to any persons, partnership, company, firm or (rev. Nov/94) [: PAGE 21 OF 29 corporation, or by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract or make default in or abandon said contract, then the contract may, at the option of the City, be revoked or annulled, unless the sureties shall successfully complete said contract; and any monies due or to become due under said contract shall be retained by the City as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. B-7-3 Prosecution of the Work: Prior to beginning construction operations, the Contractor shall submit to 1/ the Engineer a chart or brief of his work schedule outlining the manner and sequence of prosecution of the work that he intends to follow in order to complete the contract within the allotted time. Whenever, during the course of 11 the work, this planned sequence and/or method must be revised, such revision shall be submitted in writing to the Engineer. The Contractor shall begin the work to be performed under this contract within the time limit stated in the Agreement and shall conduct the work in such a manner and with sufficient equipment, materials and labor as is necessary to insure its completion within the time limit. The sequence of all construction operations shall be at all times as directed be or approver by the Engineer. 11 Such direction or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the contract. Should the prosecution of the work be discontinued by the Contractor, he shall notify the Engineer at least twenty-four (24) hours in advance of resuming operations. B-7-4 Limitation of Operations: The work shall be so conducted as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closes or is carrying on operations on a greater portion of the street or public way than is necessary for the proper execution of the work, the 11 Engineer may require the Contractor to finish the sections on which work is in progress before operations are started on any additional section. B-7-5 Character of Workmen and Equipment: Local labor shall be used by the Contractor if available. The Contractor may bring in from outside the City his key employees and superintendent. All other employees, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent and the Engineer may demand the dismissal of any person or persons employed by the Contractor in, about or on the work who shall misconduct himself or be incompetent or negligent in the proper performance of his or their duties or neglect or refuse to comply with the directions of the Engineer, and such person or persons shall not be employed thereon again without the written consent of the Engineer. All workmen shall have sufficient skill and experience to perform properly the work assigned them. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory working condition. Equipment on any portion of the work shall be such that no injury to the work or adjacent property will result from its use. B-7-6 Working Hours: Work shall be done only during the regular and commonly accepted and prescribed working hours. No work on any unit of this contract shall be performed before 7 a.m., or after 6 p.m. , or on Sunday, or on a regular holiday as listed in the definitions, unless special permission is given in writing by11 (rev. Nov/94) PAGE 22 OF 29 the Engineer. Excepted from the preceding shall be the setting of flashers, [111 maintenance of barricades, wetting of concrete curing mats, and such measures as the Contractor must take to protect life and property, as are of an emergency nature and not merely extensions of the regular working day. Attention is directed to the definition for contract time. B-7-7 Time of Commencement and Completion: The Contractor shall commence the work within the time specified, and the rate of progress shall be such that the whole work will be performed and the premises cleaned up in accordance with the contract, plans and specifications within the time limit specified in the contract unless an extension of time be made in the manner hereinafter specified. B-7-8 Extension of Time of Completion: The Contractor shall be entitled to an extension of time as provided herein only when claim for such extension is submitted to the City in writing by the Contractor within seven (7) days from and after the time when any alleged cause of delay shall occur, and then only when such claim is approved by the City. In adjusting the contract time for the completion of the project, unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including but not restricted to inability to obtain supplies and materials, acts of God, or the public enemy, acts of the owner, fires, floods, epidemics, (10 quarantine restrictions, strikes, freight embargoes, unusually severe weather conditions (weather which is beyond the normal weather recorded and expected for the season or seasons of the year in the records of the National Oceanic and Atmospheric Administration's Climatic Data Center) , or delays of subcontractors due to such causes; all provided that actual stoppage of work ensues and no fault of the Contractor is involved. If the satisfactory execution and completion of the contract should require work and materials in a greater amount, or quantities, than those set forth in the contract, then the contract time shall automatically be increased the same proportion as the cost of the additional work bears to the cost of the original work contracted for. No allowance will be made for delays or suspension of the prosecution of the work due to the fault of the Contractor. B-7-9 Computation of Contract Time for Completion: For the purpose of computation, the contract time shall begin with the tenth (10th) calendar day after the date of the written authorization by the City Engineer to begin work, or such earlier date as work, other than the delivery of materials, is actually commenced. The Engineer shall furnish the Contractor a monthly statement showing the days (calendar or working) charged during the month. If no protest as to the correctness of the statement is filed within seven (7) days by the Contractor, the statement will stand. Contract time shall be charged as described under the definition thereof. B-7-10 Failure to Complete on Time: The time of completion is the essence of the contract. For each day (calendar or working) that any work shall remain uncompleted after the time specified in the time specified in the proposal and contract, or the increased time granted by the City, or as automatically increased by additional work or 1: materials ordered after the contract is signed, a sum per day will be deducted from the monies due the Contractor, not as a penalty but as liquidated damages. This sum of liquidated damages per day will be as shown in the special provisions, proposal or elsewhere in the contract documents. L (rev. Nov/94) PAGE 23 OF 29 I The sum of money thus deducted for such delay, or noncompletion is not to be considered as a penalty but shall be deemed, taken and treated as reasonable liquidated damages since it would be impracticable and extremely difficult to fix the actual damages, with such sums of money to be deducted from Contractor's monies at the time or times such damages begin to occur, thence to the completion of construction. B-7-11 Suspension by Court Order: The Contractor shall suspend such part or parts of the work ordered by the Court, and will not be entitled to additional compensation by virtue of such Court Order. Neither will he be liable to the City in the event and for the time the work is suspended by Court Order. B-7-12 Temporary Suspension: 11 The Engineer shall have the authority to suspend the work wholly or in part for such period or periods as he may deem necessary due to unsuitable weather conditions as are considered unfavorable for the suitable prosecution of the work. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily or become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work and erect temporary structures where necessary. The Contractor shall not suspend work without written authority from the Engineer and shall proceed with work promptly when notified by the Engineer to resume operations. B-7-13 Suspension of Work and Annulment of Contract: The work or any portion of the work under contract shall be suspended immediately on written order of the City Engineer or the City Manager, a copy of such notice to be served on the Contractor's sureties, or the contract may be annulled by the City for any good cause or causes, among others of which special reference is made to the following: (a) Failure of the Contractor to start the work within the specified 11 number of calendar days from the date of written notice by the City to begin the work. (b) Substantial evidence that the progress of the work being made by the11 Contractor is insufficient to complete the work within the specified time. (c) Failure of the Contractor to provide sufficient and proper equipment for properly executing the work. (d) Substantial evidence that the Contractor has abandoned the work. (e) Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work. (f) Deliberate failure on the part of the Contractor to observe any requirements of these specifications or to comply with any orders given by the Engineer as provided for in these specifications. (g) Failure of the Contractor to promptly make good any defects in materials or workmanship, or any defects of any nature, the correction of which has been directed in writing by the Engineer. (h) Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of the work under contract. I/ (rev. Nov/94) PAGE 24 OF 29 [: When the work is suspended for any of the causes itemized above or for any other cause or causes, the Contractor shall discontinue the work or such part thereof as the City shall designate, whereupon the sureties may, at their option, assume the contract or that portion thereof which the City has ordered the Contractor to discontinue, and may perform the same, or may, with the written fig consent of the City, sublet the work or that portion of the work so taken over, provided however that the sureties shall exercise their option, if at all, within two (2) weeks after the written notice to discontinue the work has been served upon the Contractor and upon the sureties or their authorized agents. The sureties in such event shall assume the Contractor's place in all respects, and shall be paid by the City for all work performed by them in accordance with the terms of the contract. All monies remaining due the Contractor at the time of his default shall thereupon become due and payable to the sureties as the work [0 progresses, subject to all the terms of the contract. In case the sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract or that portion thereof which the City has ordered the Contractor to discontinue, then the City shall have the power to complete by contract or otherwise as it may deem necessary; and the Contractor hereto agrees that the City shall have the right to take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purpose of his work and to procure other tools, equipment and materials for the completion of the same, and to charge to the account of the Contractor the expenses of said contract or labor, materials, tools, equipment and expenses incidental thereto. The expense so charged shall be deducted by the City out of such monies as may be due or may at any time thereafter become due the Contractor under and by virtue of the contract or any part thereof. The City shall not be required to obtain the lowest bid for the work of completing the contract, but the expenses to be deducted shall be the actual cost of such work. In case such expense is less than the sum which would have been payable under the contract if the same had been completed by the Contractor, then in such case, the City may pay to the Contractor the difference in cost provided that the Contractor shall not be entitled to any claim for IN damages or for loss of anticipated profits; in case such expense shall exceed the amount which would have been payable under the contract if the same had been completed by the Contractor, then the Contractor and his sureties shall pay the amount of such excess to the City on notice from the City of the excess due. When any particular part of the work is being carried on by the City by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the contract, and in such manner as not to hinder or interfere with the performance of workmen employed as above provided by the City. B-7-14 Termination of Contract: The contract will be considered fulfilled, saved as provided in any maintenance stipulations, bond or by law, when all the work has been completed, the final inspection made by the Engineer, and final acceptance and final payment made by the City. B-7-15 No Intent to Benefit Third Parties Notwithstanding anything contained in this Agreement to the contrary, nothing in this Agreement, expressed or implied, is intended to confer on any person other than the parties hereto or their respective heirs, successors, executors, administrators and assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement. B-8 MEASUREMENT AND PAYMENT: B-8-1 Measurement of Quantities: The determination of quantities of work acceptably completed under the terms of the contract, or as directed by the Engineer in writing, will be made by the Engineer, based on measurements made by the Engineer. These measurements will be (rev. Nov/94) 10 PAGE 25 OF 29 I/ taken according to the U.S. Standard Measurements, used in common practice, and will be the actual length, area, solid contents, numbers and weight. It is pointed out that inclusion in the standard construction specifications of paragraphs describing methods of measurement and payment is not intended to imply that separate payments shall be made under each such standard specification. The units for which payment shall be made are those stated in the proposal. B-8-2 Unit Price: Where in the proposal form a "Unit Price" is set forth, the "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, 11 machinery, appliances, plant and equipment appurtenant to and necessary for construction in every detail and the completion in a first class, workmanlike manner of all the work to be done under these specifications. The "Unit Price" 11 shall also include all permanent protection of overhead, surface and underground structures, cleaning up, finish, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements, delay, profit, injuries, damages, claims and all other items not specifically mentioned that may be required to construct fully each item of the work complete in place. 11 B-8-3 Scope of Payment: The Contractor shall receive and accept the compensation, as herein provided, 11 in full payment for furnishing all labor, tools, materials, equipment and incidentals; for performing all work contemplated and embraced under the contract; for all lose or damage arising out of the nature of the work or from the action of the elements; for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work and before its final acceptance by the Engineer; for all risks of whatever description connected with the prosecution of the work; for all expense incurred by or in consequence of11 suspension or discontinuance of such prosecution of the work as herein specified; for any infringement of patents, trademarks or copyrights; and for completing the work in an acceptable manner according to the plans and specifications. The payment of any current or partial estimate prior to final acceptance of the work by the City shall in no way constitute an acknowledgement of the acceptance of the work nor in any way prejudice or affect the obligation of the Contractor to repair, correct, renew, or replace, at his expense, any defects or imperfections in the construction or in the strength or quality of the materials used in or about the construction of the work under contract and its appurtenances, nor any damage due or attributed to such defects, imperfections or damage shall have been discovered on or before the final inspection and acceptance of the work. 11 The Engineer shall be the sole judge of such defects, imperfections or damage; and the Contractor shall be liable to the City for failure to correct the same as provided herein. B-8-4 Payment for Extra Work: Extra work authorized and approved by the City Engineer and performed by the Contractor will be paid for in the manner hereinafter described, and the 11 compensation thus provided shall be accepted by the Contractor as payment in full for all labor, material, tools, equipment and incidentals and all superintendents' time and timekeepers' services, all insurance, bond and all other overhead expenses incurred in the prosecution of the extra work. Payment for extra work will be calculated on one of the following basis, subject to all other conditions of the contract: (a) By unit prices agreed on in writing by both parties, payment to be for the quantity actually installed as finally measured. (b) By a lump sum price agreed on in writing by both parties. 1/ (rev. Nov/94) PAGE 26 OF 29 (c) By actual field cost of the work plus fifteen percent (15%) as described herein below, agreed on in writing by both parties. In the event extra work is to be performed and paid for under this method, the actual field cost of the work will include the cost Le of all workmen, foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rental or machinery equipment, only for the time actually employed or used on such extra work, plus all power, fuel, lubricants, water and similar operating expenses, Is and a rateable proportion of premiums on Performance and Payment Bonds, public liability and Workmen's Compensation and all other insurance required by law or ordinance. The Engineer will direct the form in which the accounts or actual field cost will be ise kept and will specify in writing the methods of doing the work, and the type and kind of machinery and equipment to be used, and shall have authority to suspend such extra work if in his judgement it is being conducted in a manner wasteful of materials, equipment, or labor, or is not being prosecuted in an efficient manner. The fifteen percent (15%) of the actual field cost to be paid the Contractor shall cover and compensate him for profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. The Contractor shall give the Engineer access to all accounts, bills, invoices and vouchers relating thereto. In the event agreement cannot be reached on method or prices of payment for extra work, the City reserves the right to enter on the job with its own forces or to hire other contractors to perform such extra work. [10 B-8-5 Policy on Extra Work and Chancre Orders: The City Council of the City of Corpus Christi has adopted the following IN Construction Change Order Policy which will be applicable to all City construction projects, and the Contractor is hereby advised to be so guided in the proceeding with any item of work which he considers to be extra work: [01 (a) All change orders require written quotations and must be approved in writing by the Contractor and the City Engineer or his representative prior to the work being done. (b) All change orders in involving an expenditure of $10, 000.00 or more must be approved by the City Council. 10 (c) The City Manager, or duly authorized Assistant City Manager, has authority to approve change orders between $5,000.00 and $10,000.00. The City Manager may authorize change orders in excess of this amount only in emergency situations where undue delays could cause damages, either physical or monetary, to the City, Contractor, or general public. However, final approval must be granted by the City Council. (d) The City Engineer has authority to issue change orders up to $5,000.00. 1110 (e) The total amount of all change orders to a contract shall not exceed 25% of the original contract price. Contractors are advised that the City is under no obligation to appropriate change order(s) which have not been prepared and executed as stated herein. The addition of items of work covered by unit prices may be performed without written change orders unless the quantity and cost of such work, in the Engineer's ls opinion, require such written change orders, in which event the Contractor will be so notified. IS B-8-6 Partial Estimates: (rev. Nov/94) 111 PAGE 27 OF 29 After the twenty-fifth (25th) day of the month and at the Contractor's request, the Engineer will make an approximate estimate of the value of the work done during the month under the specifications, which approximate estimate may include the full net invoice value of acceptable non-perishable materials delivered to the work (i.e. materials on hand) . The Contractor shall furnish to the Engineer such detailed in formation as he may request to aid him as a guide in the preparation of partial estimates. It is understood that the partial estimates from month to month will be approximate only and all partial estimates and payments will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not in any respect be taken as an admission of the City of the amount of work done or of 11 its quality or sufficiency nor as an acceptance of the work or the release of the Contractor of any of his responsibility under the contract. In determining the partial payment to be made to the Contractor, the City will retain five percent (5%) of the total approximate estimate, unless otherwise stated, and will deduct payments previously made. No partial payment will be made when the said estimate or the estimates of work done since the last previous estimate is less than One Hundred Dollars ($100.00) in amount. All retainage is due and payable to the Contractor upon successful completion of the project and will be included in the final payment. Payment shall be withheld as elsewhere herein specified. The City reserves the right to increase the retainage. In contracts in which the total amount bid is Four Hundred Thousand Dollars ($400,000) or more and providing for retainage of greater than five percent (5%) of the total estimate, 11 the amount retained shall be deposited in an interest bearing account and the interest earned shall be paid to the contractor upon completion of the contract with the final payment, unless withheld as otherwise specified. B-8-7 Withholding Payment: Payment of estimates may be withheld if the work is not being executed in accordance with the specifications and contract and/or to cover known claims as elsewhere specified. 1/ B-8-8 Final Cleanup: Upon completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of the work in a neat, orderly condition, equal to that which originally existed. Surplus and 11 waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. Such final cleanup shall in general be considered as subsidiary to the established pay items as a whole. B-8-9 Final Acceptance: f Whenever the improvement provided for by contract shall have been completely performed on the part of the Contractor, the Contractor shall notify the Engineer that the improvement is ready for final inspection. The Engineer will then make such final inspection; and if the work is satisfactory and in accordance with the specifications and contract, he will certify such completion for Final Acceptance. B-8-10 Final Payment: 1/ Whenever the improvement provided for by contract shall have been completely performed on the part of the Contractor as evidenced by the Engineer in the Certificate of Final Inspection and Acceptance, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements and computations can be made. All prior estimates upon which payments have been made are subject to necessary corrections or revisions in the final payment. The amount of this final estimate, less any sums that have been deducted or retained under the provisions of the contract, will be paid the Contractor within thirty (30) days after Final Acceptance provided the Contractor has furnished to the City satisfactory evidence in the form of an affidavit(s) that all sums of money due for any labor, materials, apparatus, fixtures, or machinery furnished for and used in the prosecution of the work have been paid; or that the person or persons to whom the sum may respectively be due have consented to such final payment. The improvement (rev. Nov/94) PAGE 28 OF 29 s will not be recommended for Final Acceptance until this payment affidavit has been submitted. The acceptance by the Contractor of the last payment as aforesaid shall operate as and shall be a release to the City from all claims or liabilities under the contract for anything done or furnished or relating to the work under the contract or for any act of neglect of said City relating to or connected with the contract. B-8-11 Maintenance Guaranty: The Contractor shall maintain and keep in good repair the work herein contracted to be done and performed for a period of one (1) year from the date of acceptance, or for such lesser or greater period as may be specially provided, shall do all necessary backfilling that may arise on account of sunken conditions in ditches, or otherwise, and shall do and perform all necessary work and repair any defective condition growing out of or arising from the improper joining of the same, or on account of any breaking of the same caused by Ike the said Contractor, in laying or building the same, or on account of any defect arising in any of said parts of said work laid or constructed by said Contractor, or on account of improper excavation or backfilling; it being understood that the purpose of this section is to cover all defective conditions arising by reason of negligence of the Contractor, or by reason of defective materials, work or labor performed by the said Contractor, and in case the said Contractor shall fail to do so, it is agreed that the City may do said work and supply such materials, and charge the same against the said Contractor and sureties on this obligation. This provision shall further, and in addition, be evidence by the provisions of the Performance Bond or such other bond as may be required. L [0 L 1 I 611 L L L L ; (rev. Nov/94) f'° PAGE 29 OF 29 6 L Is 7 - Wage Determinations General Decision Number: Tx150031 01/02/2015 Tx31 Ls superseded General Decision Number: Tx20140031 State: Texas Construction Type: Heavy Lo Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Note: Executive Order (Eo) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The Eo minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol .gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 * SUTx1987-001 12/01/1987 Rates Fringes CARPENTER (Excluding Form Setting) $ 9.05 Concrete Finisher $ 7.56 ELECTRICIAN $ 13.37 2.58 1p Laborers: Common $ 7.25 Utility $ 7.68 Power equipment operators: Backhoe $ 9.21 Ls Motor Grader $ 8.72 WELDERS - Receive rate prescribed for craft performing to operation to which welding is incidental . unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . 3 7 - Wage Determinations The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . union Rate Identifiers A four letter classification abbreviation identifier enclosed :1 in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of11 the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i .e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. • Survey Rate Identifiers classifications listed under the "su" identifier indicate that11 no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all3 rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the state of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. survey wage rates are not updated and remain in effect until a new survey is conducted. union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; owever, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union 11 average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is PART C FEDERAL WAGE RATES AND REQUIREMENTS L 7 - wage Determinations based. I WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: to * an existing published wage determination * a survey underlying.a wage determination * a Wage and Hour Division letter setting forth a position on [10 a wage determination matter * a conformance (additional classification and rate) ruling on survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour LI Regional office for the area in which the survey was conducted because those Regional offices have responsibility for the Davis-Bacon survey program. If the response from this initial Lio contact is not satisfactory, then the process described in 2.) and 3.) should be followed. with regard to any other matter not yet ripe for the formal LA process described here, initial contact should be with the Branch of Construction wage Determinations. Write to: Branch of Construction Wage Determinations E. wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 10 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. 114 Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wa9e payment data, project description, area practice material , etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final . rEND OF GENERAL DECISION �K 611 PARTSL L STANDARD SPECIFICATIONS L L SECTION 03 30 00 CAST-IN-PLACE CONCRETE—STRUCTURAL PART 1 -GENERAL 1.01 SUMMARY A. This Section specifies cast-in place concrete, including formwork, reinforcement, concrete materials,mix design,placement procedures,and finishes. 1.02 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement,fly ash and other pozzolans,ground granulated Lblast-furnace slag,and silica fume. 1.03 SUBMITTALS L. A. Product Data: For each type of manufactured material and product indicated. I. Cementitious materials and aggregates. r 2. Form materials and form-release agents. 3. Steel reinforcement and reinforcement accessories. 4. Admixtures. 5. Waterstops. 6. Curing materials. 7. Floor and slab treatments. 8. Bonding agents. 9. Adhesives. 10. Vapor retarders. - • 11. Repair materials. L .• ., B. Design Mixes: For each concrete mix. Include alternate mix designs when • characteristics of materials, project conditions, weather, test results, or other L circumstances warrant adjustments. Attach independent laboratory results from local project in which mix design was supplied. C. Steel Reinforcement Shop Drawings: Details of fabrication, bending, and placement, prepared according to ACI 315, "Details and Detailing of Concrete Reinforcement." Include material, grade, bar schedules, stirrup spacing, bent bar L. diagrams, arrangement, and supports of concrete reinforcement. Include special reinforcement required for openings through concrete structures. • I Cast-In-Place Concrete—Structural 03 30 00- 1/13 I 1 D. Formwork Shop Drawings: Prepared by or under the supervision of a qualified1 professional engineer detailing fabrication, assembly, and support of formwork. Design and engineering of formwork are Contractor's responsibility. 3 E. Welding Certificates: Copies of certificates for welding procedures and personnel. F. Material Test Reports: From a qualified testing agency indicating and interpreting test results for compliance of the following with requirements indicated,based on comprehensive testing of current materials: PART 2-PRODUCTS I2.01 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed concrete Work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service3 performance. B. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. 3 C. Testing Agency Qualifications: An independent testing agency, acceptable to authorities having jurisdiction, qualified according to ASTM C 1077 and ASTM E 329 to conduct the testing indicated, as documented according to 11. ASTM E 548. D. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, each aggregate from one source, 3 and each admixture from the same manufacturer. E. Welding: Qualify procedures and personnel according to AWS D1.4, "Structural Welding Code--Reinforcing Steel." F. ACI Publications: Comply with the following, unless more stringent provisions are indicated: 1. ACI 301, "Specification for Structural Concrete." 2. ACI 117, "Specifications for Tolerances for Concrete Construction and Materials." . 2.02 DELIVERY, STORAGE,AND HANDLING 1 A. Deliver, store, and handle steel reinforcement to prevent bending and damage. I Cast-In-Place Concrete—Structural 03 30 00-2/131 L L • 2.03 FORM-FACING MATERIALS A. Smooth-Formed Finished Concrete: Form-facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints. Utilize plywood, metal, or other approved panel materials. B. Rough-Formed Finished Concrete: Plywood, lumber, metal, or another approved material. Provide lumber dressed on at least two edges and one side for tight fit. C. Forms for Cylindrical Columns, Pedestals, and Supports: Metal, glass-fiber- reinforced plastic,paper, or fiber tubes that will produce surfaces with gradual or abrupt irregularities not exceeding specified formwork surface class. Provide • units with sufficient wall thickness to resist plastic concrete loads without • detrimental deformation. D. Pan-Type Forms: Glass-fiber-reinforced plastic or formed steel, stiffened to resist plastic concrete Ioads without detrimental deformation. E. Chamfer Strips: Wood,metal,PVC,or rubber strips,3/4 by 3/4 inch,minimum. F. Form-Release Agent: Commercially formulated form-release agent that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 1. Formulate form-release agent with rust inhibitor for steel form-facing materials. G. Form Ties: Factory-fabricated, removable or snap-off metal or glass-fiber- reinforced plastic form ties designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete on removal. 1. Furnish units that will leave no corrodible metal closer than 1 inch to the plane of the exposed concrete surface. 2.04 STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (Grade 420), deformed. Reinforcing steel shall contain a minimum of 30%recycled steel. B. Plain-Steel Welded Wire Fabric: ASTM A 185, fabricated from as-drawn steel wire into flat sheets. 2.05 REINFORCEMENT ACCESSORIES A. Bar Supports: Bolsters, chairs, spacers,and other devices for spacing, supporting, and fastening reinforcing bars and welded wire fabric in place. Manufacture bar supports according to CRSI's "Manual of Standard Practice" from steel wire, Cast-In-Place Concrete—Structural be 03 30 00-3/13 L plastic, or precast concrete or fiber-reinforced concrete of greater compressive 1 strength than concrete,and as follows: 1. For concrete surfaces exposed to view where legs of wire bar supports3 contact forms, use CRSI Class 1 plastic-protected or CRSI Class 2 stainless-steel bar supports. B. Joint Dowel Bars: Plain-steel bars, ASTM A 615, Grade 60. Cut bars true to length with ends square and free of burrs. 2.06 CONCRETE MATERIALS 3 A. Portland Cement: ASTM C 150,Type I/II. 1. Fly Ash: ASTM C 618, Class C. 2. Ground Granulated Blast-Furnace Slag: ASTM C 989,Grade 100 or 120. B. Normal-Weight Aggregate: ASTM C 33,uniformly graded, and as follows: 3 1. Class: Severe weathering region,but not less than 3S. C. Water: Potable and complying with ASTM C 94. 2.07 ADMIXTURES 3 A. General: Admixtures certified bymanufacturer to contain not more than 0.1 percent water-soluble chloride ions by mass of cementitious material and to be compatible with other admixtures and cementitious materials. Do not use admixtures containing calcium chloride. B. Air-Entraining Admixture: ASTM C 260. x C. High-Range, Water-Reducing Admixture: ASTM C 494,Type F. 2.08 CURING MATERIALS A. Water: Potable,or 3 13. Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type I, Class B. 2.10 CONCRETE MIXES A. Prepare design mixes for each type and strength of concrete determined by either laboratory trial mix or field test data bases,as follows: 1. Proportion normal-weight concrete according to ACI 211.1 and ACI 301. Cast-In-Place Concrete—Structural 03 30 00-4/133 I I LB. Use a qualified independent testing agency for preparing and reporting proposed mix designs for the laboratory trial mix basis. C. Footings and Slabs on Dirt: Proportion normal-weight concrete mix as follows: 1. Compressive Strength(28 Days): 4000 psi(27.6 MPa). 2. Maximum Slump: 3-5 inches. 3. Maximum Slump for Concrete Containing High-Range Water-Reducing Admixture: 8 inches after admixture is added to concrete with 2-to 4-inch slump. D. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than portland cement in concrete as follows: L1. Fly Ash: 25 percent. 2. Ground Granulated Blast-Furnace Slag: 50 percent. 3. Combined Fly Ash or PozzoIan and Ground Granulated Blast-Furnace Slag: 50 percent portland cement minimum, with fly ash or pozzolan not exceeding 25 percent. IE. Maximum Water-Cementitious Materials Ratio: 0.45 for concrete exposed to deicers or subject to freezing and thawing while moist. F. Air Content: Add air-entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of 2 to 4 percent, I unless otherwise indicated. G. Do not air entrain concrete to trowel-finished interior floors and suspended slabs. Do not allow entrapped air content to exceed 3 percent. Lo H. Limit water-soluble, chloride-ion content in hardened concrete to 0.15 percent by weight of cement. • I. Admixtures: Use admixtures according to manufacturer's written instructions. 1. Use water-reducing admixture or high-range water-reducing admixture (superplasticizer)in concrete,as required,for placement and workability. 2. Use water-reducing admixture in pumped concrete, concrete for heavy-use industrial slabs, concrete required to be watertight, and concrete with a water-cementitious materials ratio below 0.50. .,. 2.11 FABRICATING REINFORCEMENT IA. Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice." 2.12 CONCRETE MIXING I _. Cast-In-Place Concrete—Structural L 03 30 00- 5/13 !' i 3 1 A. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94,and furnish batch ticket information. PART 3-EXECUTION 3.01 FORMWORK A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to3 support vertical, lateral, static, and dynamic loads, and construction loads that might be applied,until concrete structure can support such loads. 3 B. Construct formwork so concrete members and structures are of size, shape, alignment,elevation,and position indicated,within tolerance limits of ACI 117. C. Limit concrete surface irregularities, designated by ACI 347R as abrupt or gradual,as follows: 1. Class A, 1/8 inch. D. Construct forms tight enough to prevent loss of concrete mortar. E. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces steeper than 1.5 horizontal to 1 vertical. Kerf wood inserts for forming keyways,reglets,recesses, 3 and the like,for easy removal. 1. Do not use rust-stained steel form-facing material. F. Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. Provide and secure units to support screed strips;use strike-off templates or compacting-type screeds. 3 G. Provide temporary openings for cleanouts and inspection ports where interior area of formwork is inaccessible. Close openings with panels tightly fitted to forms3 and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations. 3 H. Chamfer exterior corners and edges of permanently exposed concrete. 1. Form openings,chases,offsets, sinkages,keyways,reglets,blocking, screeds,and bulkheads required in the Work. Determine sizes and locations from trades providing such items. J. Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, 3 sawdust,dirt,and other debris just before placing concrete. I Cast-In-Place Concrete—Structural 03 30 00-6/13 3 L L LK. Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment. L. Coat contact surfaces of forms with form-release agent, according to manufacturer's written instructions,before placing reinforcement. 61 3.02 EMBEDDED ITEMS A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast-in-place concrete. Use L Setting Drawings,templates, diagrams, instructions, and directions furnished with items to be embedded. 1. Install anchor bolts and welded plates, accurately located, to elevations required and as noted on the contract documents. 3.03 REMOVING AND REUSING FORMS Li , A. General: Formwork, for sides of beams, walls, columns, and similar parts of the Work, that does not support weight of concrete may be removed after cumulatively curing at not less than 50 deg F(10 deg C)for 24 hours after placing concrete provided concrete is hard enough to not be damaged by form-removal operations and provided curing and protection operations are maintained. LB. Leave formwork, for beam soffits,joists,slabs, and other structural elements,that supports weight of concrete in place until concrete has achieved the following: L 1. 28-day design compressive strength. C. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, rti delaminated, or otherwise damaged form-facing material will not be acceptable for exposed surfaces. Apply new form-release agent. D. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Engineer. L. 3.04 SHORES AND RESHORES , A. Comply with ACI 318(ACI 318M),ACI 301, and recommendations in ACI 347R Lfor design,installation, and removal of shoring and re-shoring. B. In multistory construction, extend shoring or re-shoring over a sufficient number of stories to distribute loads in such a manner that no floor or member will be excessively loaded or will induce tensile stress in concrete members without sufficient steel reinforcement. L Cast-In-Place Concrete—Structural 03 30 00-7/13 L C. Plan sequence of removal of shores and re-shore to avoid damage to concrete. Locate and provide adequate re-shoring to support construction without excessive stress or deflection. 3 3.05 STEEL REINFORCEMENT A. General: Comply with CRSI's "Manual of Standard Practice" for placing reinforcement. B. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials. 3 C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum 3 concrete cover. Do not tack weld crossing reinforcing bars. 1. Shop- or field-weld reinforcement according to AWS D1.4, where indicated. D. Set wire ties with ends directed into concrete, not toward exposed concrete surfaces. 3 E. Install welded wire fabric in longest practicable lengths on bar supports spaced to minimize sagging. Lap edges and ends of adjoining sheets at least one mesh 3 spacing. Offset laps of adjoining sheet widths to prevent continuous laps in either direction. Lace overlaps with wire. 1. Locate horizontal joints in walls and columns at underside of floors, slabs, 3 beams, and girders and at the top of footings or floor slabs. 2. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. 3.06 CONCRETE PLACEMENT A. Before placing concrete, verify that installation of formwork, reinforcement, and ` embedded items is complete and that required inspections have been performed. B. Do not add water to concrete during delivery,at Project site,or during placement, 3 unless approved by Engineer. C. Deposit concrete continuously or in layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously,provide construction joints as specified. Deposit concrete to avoid segregation. D. Deposit concrete in forms in horizontal layers no deeper than 24 inches and in a manner to avoid inclined construction joints. Place each layer while preceding layer is still plastic,to avoid cold joints. Cast-In-Place Concrete—Structural 03 30 00- 8/13 3 L L L1. Consolidate placed concrete with mechanical vibrating equipment. Use equipment and procedures for consolidating concrete recommended by ACI 3098. F 2. Do not use vibrators to transport concrete inside forms. Insert and 00 withdraw vibrators vertically at uniformly spaced locations no farther than the visible effectiveness of the vibrator. Place vibrators to rapidly penetrate placed layer and at least 6 inches (150 mm) into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mix constituents to segregate. L; E. Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of construction joints, until placement of a panel or section is complete. L1. Consolidate concrete during placement operations so concrete is thoroughly worked around reinforcement and other embedded items and Linto corners. 2. Maintain reinforcement in position on chairs during concrete placement. 3. Screed slab surfaces with a straightedge and strike off to correct elevations. 4. Slope surfaces uniformly to drains where required. 5. Begin initial floating using bull floats or darbies to form a uniform and open-textured surface plane, free of humps or hollows, before excess moisture or bleedwater appears on the surface. Do not further disturb slab surfaces before starting finishing operations. F. Cold-Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost,freezing actions,or low temperatures. 1. When air temperature has fallen to or is expected to fall below 40 deg F (4.4 deg C),uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F (10 deg C) and not more than 80 deg F (27 deg C)at point of placement. 2. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. 3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators, unless otherwise specified and approved '" • in mix designs. 6 G. Hot-Weather Placement: Place concrete according to recommendations in ACI 305R and as follows,when hot-weather conditions exist: Cast-In-Place Concrete—Structural 03 30 00-9/13 r 1. Cool ingredients before mixing to maintain concrete temperature below 90 deg F (32 deg C) at time of placement. Chilled mixing water or chopped ice may be used to control temperature,provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool3 concrete is Contractor's option. 2. Cover steel reinforcement with water-soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in 3 concrete. 3. Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft 3 spots,or dry areas. 3.07 FINISHING FORMED SURFACES 3 A. Rough-Formed Finish: As-cast concrete texture imparted by form-facing material with tie holes and defective areas repaired and patched. Remove fins and other projections exceeding ACI 347R limits for class of surface specified. 3 B. Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and defective areas. Remove fins and other 3 projections exceeding 1/8 inch in height. 1. Apply to concrete surfaces exposed to public view or to be covered with a3 coating or covering material applied directly to concrete, such as waterproofing,damp-proofing,veneer plaster,or painting. C. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces,strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise indicated. 3.08 FINISHING SLABS A. General: Comply with recommendations in ACI 302.1R for screeding, re- straightening, and finishing operations for concrete surfaces. Do not wet concrete 3 surfaces. B. Float Finish: Consolidate surface with power-driven floats or by hand floating if area is small or inaccessible to power driven floats. Re-straighten, cut down high spots, and fill low spots. Repeat float passes and re-straightening until surface is left with a uniform, smooth, granular texture. C. Trowel Finish: After applying float finish, apply first trowel finish and consolidate concrete by hand or power-driven trowel. Continue troweling passes and re-straighten until surface is free of trowel marks and uniform in texture and Cast-In-Place Concrete—Structural 03 30 00- 10/133 r L 6 Lappearance. Grind smooth any surface defects that would telegraph through applied coatings or floor coverings. L1. Finish and measure surface so gap at any point between concrete surface and an unleveled freestanding 10-foot long straightedge, resting on two high spots and placed anywhere on the surface, does not exceed the Lfollowing: a. 1/4 inch. L3.09 MISCELLANEOUS CONCRETE ITEMS A. Filling In: Fill in holes and openings left in concrete structures, unless otherwise L: indicated, after work of other trades is in place. Mix,place, and cure concrete, as specified, to blend with in-place construction. Provide other miscellaneous concrete filling indicated or required to complete work. L3.10 CONCRETE PROTECTION AND CURING L A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection and with recommendations in ACI 305R for hot-weather protection during curing. L B. Evaporation Retarder: Apply evaporation retarder to unformed concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 Ib/sq. ft. x h (1 kg/sq. m x h) before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete,but before float finishing. L C. Formed Surfaces: Cure formed concrete surfaces, including underside of beams, supported slabs,and other similar surfaces. If forms remain during curing period, Lmoist cure after loosening forms. If removing forms before end of curing period, continue curing by one or a combination of the following methods: ., D. Unformed Surfaces: Begin curing immediately after fmishing concrete. Cure Lunformed surfaces, including floors and slabs, concrete floor toppings, and other surfaces,by one or a combination of the following methods: L1. Moisture Curing: Keep surfaces continuously moist for not less than • seven days with the following materials: a. Water. b. Continuous water-fog spray. c. Absorptive cover, water saturated, and kept continuously wet. Cover concrete surfaces and edges with 12-inch lap over adjacent absorptive covers. I Cast-In-Place Concrete—Structural 03 30 00- 11/13 L 2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Cure for not less than seven days. Immediately repair any holes or tears during curing period using cover material and waterproof tape. a. Moisture cure or use moisture-retaining covers to cure concrete surfaces to receive floor coverings. b. Cure concrete surfaces to receive floor coverings with either a 3 moisture-retaining cover or a curing compound that the manufacturer recommends for use with floor coverings. 3. Curing Compound: Apply uniformly in continuous operation by power3 spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Maintain continuity of coating and repair damage during curing period. 3.11 CONCRETE SURFACE REPAIRS A. Defective Concrete: defective Repair and p patch areas when approved by Engineer. Remove and replace concrete that cannot be repaired and patched to Engineer's approval. 3.12 FIELD QUALITY CONTROL A. Testing Agency: Engage a qualified independent testing and inspecting agency to sample materials,perform tests,and submit test reports during concrete placement according to requirements specified in this Article. B. Testing Services: Testing of composite samples of fresh concrete obtained according to ASTM C 172 shall be performed according to the following requirements: 1. Testing Frequency: See construction plan structural notes drawings for testing frequency.All structural concrete shall be tested—one test per each truck,regardless of placement volume. 2. Slump: ASTM C 143; one test at point of placement for each composite sample. 3. Air Content: ASTM C 231,pressure method, for normal-weight concrete; ASTM C 173, volumetric method, for structural lightweight concrete; one test for each sample. Cast-In-Place Concrete—Structural 03 30 00 - 12/13 ii, L. , L 4. Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40 deg F (4.4 deg C) and below and when 80 deg F (27 deg C)and above,and one test for each sample. to 5. Unit Weight: ASTM C 567, fresh unit weight of structural concrete;ete; one L test for each sample. 6. Compression Test Specimens: ASTM C 31/C 3IM; cast and laboratory cure one set of four standard cylinder specimens for each composite sample. L 7. Compressive-Strength Tests: ASTM C 39; test two laboratory-cured specimens at 7 days and two at 28 days. r. ' a. Test two field-cured specimensdaysY at 7 and two at 28 days. b. A compressive-strength test shall be the average compressive Lstrength from two specimens obtained from same composite sample and tested at age indicated. C. When strength of field-cured cylinders is less than 85 percent of companion laboratory-cured cylinders, Contractor shall evaluate operations and provide corrective procedures for protecting and curing in-place concrete. LD. Strength of each concrete mix will be satisfactory if every average of any three consecutive compressive-strength tests equals or exceeds specified compressive strength and no compressive-strength test value falls below specified compressive Lstrength by more than 500 psi(3.4 MPa). E. Test results shall be reported in writing to Engineer, concrete manufacturer, and LContractor within 48 hours of testing. Reports of compressive-strength tests shall contain Project identification name and number,date of concrete placement,name of concrete testing and inspecting agency, location of concrete batch in Work, design compressive strength at 28 days, concrete mix proportions and materials, compressive breaking strength,and type of break for both 7-and 28-day tests. F. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive li device may be permitted by Engineer but will not be used as sole basis for approval or rejection of concrete. G. Additional Tests: Testing and inspecting agency shall make additional tests of concrete when test results indicate that slump, air entrainment, compressive strengths, or other requirements have not been met, as directed by Engineer. • Testing and inspecting agency may conduct tests to determine adequacy of r. concrete by cored cylinders complying with ASTM C 42 or by other methods as it directed by Engineer. END OF SECTION Cast-In-Place Concrete—Structural 03 30 00- 13/13 I SECTION 03 3100 PORTLAND CEMENT CONCRETE—STRUCTURAL PART 1 -GENERAL 1.01 SECTION INCLUDES 3 A. Producing and delivering to the site of final deposit a Portland cement concrete, proportioned and mixed as provided herein. 1.02 RELATED SECTIONS , A. Section 03 11 00-Concrete Formwork. B. Section 03 21 00-Concrete Reinforcement. C. Section 03 30 00-Cast-in-Place Concrete. 1.03 REFERENCES A. ACI 301 -Structural Concrete for Buildings. B. ACI 302 -Guide for Concrete Floor and Slab Construction. C. ACI 304 - Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete. D. ACI 305R-Hot Weather Concreting. E. ACI 306R-Cold Weather Concreting. F. ACI 308- Standard Practice for Curing Concrete. G. ACI 318-Building Code Requirements for Reinforced Concrete. H. ANSI/ASTM D994 - Preformed Expansion Joint Filler for Concrete (Bituminous Type). I. ANSUASTM D1190 -Concrete Joint Sealer,Hot-Poured Elastic Type. J. ANSI/ASTM D1751 -Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction(Non-extruding and Resilient Bituminous Types). 3 K. ASTM C33 - Concrete Aggregates. Portland Cement Concrete—Structural 03 31 00- 1/9 L L LL. ASTM C94-Ready-Mixed Concrete. M. ASTM C150-Portland Cement. N. ASTM C260-Air-Entraining Admixtures for Concrete. 0. ASTM C494-Chemical Admixtures for Concrete. P. ASTM C618 - Fly Ash and Raw or Calcinated Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete. PART 2-PRODUCTS 2.01 CEMENT A. Portland cement shall be Type II and shall conform to ASTM C-150. L2.02 FLY ASH ii„,,,,, A. Fly ash shall be from a source approved by the Texas Department of Transportation and shall meet the requirements of ASTM C618,Type C. 2.03 WATER A. General: Water for concrete shall be , otable and shall be clean and free from P injurious amounts of oil, acid, alkali, organic matter or other deleterious substances, and shall not contain more than 1000 parts per million of chlorides as Cl nor more than 1000 parts per million of sulfates as SO4. B. Testing: Water from municipal supplies approved by the Texas Department of Health will not require testing. All other water shall be tested in accordance with ASTM C-94. The Contractor shall submit compliance test results to the Engineer before concrete is mixed. All costs associated with water testing shall be paid by the Contractor. 2.04 FINE AGGREGATE A. General: Fme aggregate shall consist of natural sand or sand prepared from product obtained by crushing stone or gravel in compliance with ASTM C33. rB. Grading Requirements: 1. When tested by approved methods, fine aggregate shall conform to the following grading requirements: Retained on 3/8" Screen 0% Retained on 1/4" Screen 0 to 5% Portland Cement Concrete—Structural 03 31 00-2/9 it - Retained on 20 Mesh Sieve 15 to 50% Retained on 100 Mesh Sieve 85 to 100% 2. For the purpose of controlling grading from any one source, a preliminary sample shall be submitted prior to actual delivery and shall be representative of material which the Contractor proposes to furnish. Any shipment of fine aggregate made during the progress of the work which shows variation in fineness modulus greater than 0.20 from that of the preliminary sample, shall be rejected or,at the option of the Engineer,may be accepted subject to making the necessary changes to comply with requirements of this Section. C. Deleterious Substances: Deleterious substances shall not be present in excess of following percentages by weight: 3 Material removed by decantation 3.0% Clay lumps 0.5% Other substances such as coal, shale, and friable particles 2.0% D. Mortar Compressive Strength: Mortar specimens made with fine aggregate shall 3 have an average compressive strength of at least 95% of the strength of similar specimens made with the same cement and Ottawa sand graded as specified in ASTM C109,when tested at an age of not less than seven days. 3 2.05 COARSE AGGREGATE A. Grading Requirements: Coarse aggregate shall consist of crushed stone or gravel in compliance with ASTM C33 and shall conform to the following grading requirements: Retained on 2" Screen 0% Retained on 1-1/2" Screen 0 to 5% Retained on 3/4" Screen 25 to 60% Retained on 1/4" Screen 95 to 100% B. Deleterious Substances: 1. Deleterious substances shall not be present in excess of following percentages by weight: Material removed by decantation 1.00% Shale or slate 1.00% Clay lumps 0.25% Soft fragments 3.00% 2. Sum of all deleterious ingredients, exclusive of material removed by decantation,shall not exceed 4%by weight. Portland Cement Concrete—Structural 03 31 00-3/9 L 2.06 SAMPLING AND TESTING LA. Cement: Methods of sampling and testing of Portland cement and high early strength Portland cement shall be in accordance with AASHTO M85 and M134. L B. Aggregate: Methods of sampling aggregates shall be in accordance with ASTM D75. Fine and coarse aggregates shall be tested in accordance with the following methods: L1. Grading: ASTM C136. 2. Uniformity of grading fineness modulus shall be determined by adding total percentages retained on following U.S. Standard Sieves and dividing by 100: 3 inch, 1-1/2 inch, No. 4,No. 8, No. 16, No. 30, No. 50 and No. 100 •. to 3. Organic Impurities: ASTM C40. 4. Lightweight Pieces: ASTM C123. L 5. Fineness: ASTM C117. t:t6. Clay Lumps: Percentages determined by examining various fractions which remain after the test for grading. Particles that can be broken up with the fingers shall be classified as clay lumps and total percentages by weight of all clay lumps shall be determined on the basis of total original weight of sample. • 7. Mortar Strength: ASTM C87. 2.07 CONCRETE PROPORTIONING LA. General: The intent of this Specification is to secure concrete of homogeneous structure which, when hardened, will have required strength and resistance to weathering. Hence, limited strengths and water contents shown in Table A below are specified. B. Proportions: 1 1. Values in Table A below are based on use of normal Portland cement aggregates and water which meet requirements of this Specification. I w Portland Cement Concrete—Structural 03 31 00-4/9 I ' L 3 I TABLE A Max.AIlowable Water-Cement Content Min.Cement Content3 Minimum 28-day Ratio by Gals.per Lbs.per Sacks per Allowable Compressive Strength Weight Sack/Cement Cubic Yard Cubic Yard Slump Range 1500 psi (Class E) 0.93 10.50 282 3.0 2"-6" Seal Slab(Class D) 4.0 6"-8" 2000 psi (Class C) 0.67 7.50 376 4.0 2"-5" 2500 psi (Class B) 0.60 6.75 423 4.5 2"-5" 3000 psi (Class A) 0.50 5.65 517 5.5 2"-5" 4000 psi (Class A) 0.44 5.00 564 6.0 2"-5" 5000 psi (Class A) 0.35 4.00 658 7.0 2"-5" 2. Minimum cementitious material requirements when using fly ash shall be as set out in Table B below. Water reducers, high-range water reducers, and other special purpose admixtures shall be identified in the concrete batch designs submitted for use in this project. 3 TABLE B Maximum Minimum Cementitious Minimum Water/Cement Minimum 28-day Cement Material Cement Material Ratio3 Compressive Strength without Fly Ash with Fly Ash (by weight) 3000/4000 psi 5.5 sacks/CY 5 sacks/CY 0.45 & 100 lbs. Fly Ash 4000/5000 psi 6 sacks/CY 5.5 sacks/CY 0.40 & 100 lbs. Fly Ash/CY 6000/7000 psi 7 sacks/CY 6.5 sacks/CY 0.35 & 100 lbs. Fly Ash/CY 3 3. When fly ash is used, the water/cement ratio shall be calculated as the weight of water divided by the weight of cement plus 60 percent of the weight of fly ash. 3 C. Water Content: Maximum allowable net water content will be the amount added at the mixer, plus free water in the aggregate and minus absorption of the aggregate based on a 30-minute absorption period. No allowance will be made for evaporation of water after batching. D. Samples and Test Specimens: Portland Cement Concrete—Structural 03 31 00- 5/911 L L I. At least 35 days prior to beginning of concrete work, the Contractor shall submit for approval, samples of materials he proposes to use. Prior to Lbeginning of work, the Contractor shall also submit a statement of proportions proposed for concrete mixture for each type of structure or application. This shall be accompanied by a report in detail from an approved testing laboratory or inspection service showing, for at least three different water contents, the 7-day and 28-day concrete strength determinations on not less than five (5) concrete test specimens for each age and for each water content. 2. The Engineer shall have h g the right to make check tests of concrete and to order such changes as may be necessary to meet requirements of the Specifications. 3. The ratio between the 7-day and 28-day strengths established by preliminary tests shall be used to determine the 7-day strengths necessary to satisfy the 28-day strength requirements of Table A. If necessary, ratio shall be modified as work progresses,as indicated by results of subsequent r tests made. b`" 4. If Contractor furnished reliable test records of concrete made with materials from the same sources and of the same quality in connection with the current work, all or part of the strength tests specified above may be waived by the Engineer. E. Consistency and Workability: ,, 1. Concrete shall be of such consistency and composition that it can be worked readily into corners and angles of forms and around the reinforcement without permitting materials to segregate or free water to collect on the surface. Subject to the limiting requirements of Table A,the Contractor shall adjust proportions of cement and aggregate as necessary Lto produce a mixture which will be easily placeable at all times. 2. When high frequency mechanical vibration is used for compacting concrete,the limiting consistencies in Table A may be modified subject to approval of the Engineer. 3. If, during the progress of the work, it is found impossible to secure • concrete of required workability and strength with materials being furnished by the Contractor,the Engineer may order such changes as may be necessary to secure desired properties, subject to the limiting requirements shown in Table A. Any changes so ordered shall be made at the Contractor's expense, and no extra compensation will be allowed by reason of such changes. 4. Notwithstanding the limitations of Table A, at any time during the progress of the work, the Engineer shall have the right to make such LPortland Cement Concrete—Structural 03 31 00-6/9 r 3 changes in materials or proportions,or both,as he may consider necessary3 to meet the requirements of the project. In such case,the Contractor shall be compensated in accordance with the terms of the contract for additional cost of materials, handling, and placing entailed by changed materials or mixtures which are not covered by specification requirements shown in Table A for the respective portions of the work involved. 2.08 AIR-ENTRAINMENT AGENT3 A. Air-entrained concrete, in addition to conforming to the requirements of class or classes specified, shall be in accordance with ASTM C260, and shall contain not more than 4 percent nor less than 2 percent entrained air,determined by means of the test for air content, ASTM C138. Tests for entrained air shall be made on concrete containing materials to be used in the work and employing the type of mixer and procedure that will be used in the construction. 2.09 HIGH-RANGE WATER REDUCER 3 A. Where required by the Contract Documents or otherwise approved by the Engineer, a high-range water reducing admixture which complies with ASTM A494, Types F or G, shall be used. Dosage rates shall be in accordance with the3 manufacturer's recommendations. PART 3-EXECUTION 3 3.01 EQUIPMENT A. General: The mixing equipment shall be of an approved type, capable of 3 combining the aggregates, cement and water within the specified time into a thoroughly mixed and uniform mass, and discharging the mixture without segregation. 3 B. Plant Mix: Equipment at the mixing plant shall be so constructed that all materials entering the drum can be accurately proportioned under strict control. The entire batch shall be discharged before recharging. Except as qualified hereinafter, the mixing of each batch shall continue for the periods indicated below,during which time the drum shall rotate at a peripheral speed of about 200 feet per minute. All the mixing water shall be introduced before 1/4 of the mixing time has elapsed. 1. Mixers with capacity of one cubic yard or less- 1 minute. 3 2. Capacities larger than one cubic yard,time of mixing increases 15 seconds per additional one-half cubic yard or fraction thereof. C. Truck Mix: I Portland Cement Concrete—Structural 03 31 00 -7/9 L 1. Truck mixers may be required to be provided with means by which mixing time can be readily verified by the Engineer. Truck mixing shall be continued for not less than 50 revolutions after all ingredients are in the . drum. The speed shall not be less than 4 revolutions per minute (RPM) nor more than a peripheral velocity of the drum of 225 feet per minute. Not more than 150 revolutions of mixing shall be at a speed in excess of 6 Le RPM. Mixing shall begin within 30 minutes after cement has been added to the water and aggregates. 2. Concrete transported in a truck mixer or other transportation device shall be discharged at the job within 1-1/2 hours after cement has been added to the water and aggregates. 3. Retempering of concrete or mortar which has partially hardened will not be permitted. L3.02 MIXING CONDITIONS A. General: The concrete shall be mixed in quantities required for immediate use, and any concrete which is not in place within one hour after start of mixing shall not be used. • B. Weather Conditions: 1. In threatening weather, which in the opinion of the Engineer may result in conditions that will adversely affect the quality of the concrete to be placed, the Engineer may order postponement of the work. Where work has been started and changes in weather conditions require protective measures to be used, the Contractor shall furnish adequate shelter to Li, protect the concrete against damage from rainfall or damage due to freezing temperatures. In case it is necessary to continue mixing operations during rainfall,the Contractor shall provide protective covering for the material stockpiles, as well as for the concrete being placed. The covering for aggregate stockpiles shall be required only to the extent as may be necessary to control the moisture conditions in the aggregate, so • that adequate control of the consistency of the concrete mix can be maintained. 2. No concrete shall be mixed when the air temperature is at or below 40°F, taken in the shade away from artificial heat, and falling. If authorized for concrete placement during cold weather, the concrete shall be placed in accordance with the Portland Cement Association (PCA) "Design and Control of Concrete Mixtures," Chapter 11 - Cold-Weather Concreting, including revisions,and ACI 306R. • L3.03 PLACING,FINISHING,AND CURING CONCRETE A. In accordance with Section 03 30 00 of the Contract Documents. L Portland Cement Concrete—Structural 03 31 00 - 8/9 c 3.04 FIELD TESTS OF CONCRETE A. Testing shall be in compliance with Paragraph 1.11 of the Special Conditions. 3.05 FAILURES TO MEET STRENGTH REQUIREMENTS A. General: Should the strengths shown by the test specimens made and tested fall below the values required, the Engineer shall have the right to require changes in proportions or to require additional curing on those portions of the structure represented by the test specimens which failed. If additional curing does not give the strength required,the Engineer shall have the right to require strengthening or removal and replacement of those portions which fail to develop required strength. 13. Minimum Requirements: Specimens will be considered to have failed when the average strength for any period of placing is less than the values indicated in the following tables. No. Days Consecutive Placing Percent of Strength Specified of Any One Class of Concrete3 1 85 2 90 3 953 5 or more 100 C. Additional Curing: When additional curing of portions of the structure is ordered by the Engineer, it shall be done at the Contractor's expense and no claim for extra compensation for such additional curing shall be allowed. In no case shall the Contractor be required to provide such additional curing beyond a total of 21 3 days, except where average strengths of specimens representing concrete placed on any 3 consecutive days, fall below 80 percent of the value specified in Table A. In this case, curing shall be continued until cores drilled from portions of the structure involved show an average strength equal to or greater than that specified in Table A. Cores shall have a diameter of approximately three times the maximum size of aggregate and shall be tested in accordance with ASTM C42. END OF SECTION Portland Cement Concrete—Structural 03 31 00 - 9/93 JUNE 26,2013 SECTION 116800-I OSO BAY AREA PARK DEVELOPMENT—PHASE 2 PLAYFIELD EQUIPMENT AND STRUCTURES L, SECTION 116800 PLAYFIELD EQUIPMENT AND STRUCTURES PART I -GENERAL 1.I RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections,apply to this Section. I.2 SUMMARY A. Section includes composite structure playground equipment. B. Related Sections: I. Section 321816.13 "Playground Protective Surfacing- No Fault Safety Tile and Poured in Place No Fault Surfacing" for protective surfacing under and around playground equipment. 1.3 DEFINITIONS lt A. Fall Height: According to ASTM F 1487, "the vertical distance between a designated play surface and the protective surfacing beneath it." B. HDPE: High-density polyethylene. C. IPEMA:International Play Equipment Manufacturers Association. D. LLDPE: Linear low-density polyethylene. E. MDPE: Medium-density polyethylene. F. Use Zone: According to ASTM F 1487, the "area beneath and immediately adjacent to a play structure or equipment that is designated for unrestricted circulation around the equipment • and on whose surface it is predicted that a user would land when falling from or exiting the equipment." • 1.4 ACTION SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: For playground equipment and structures. Include plans, elevations, sections, details,and attachments to other work. 01. C JUNE 26,2013 SECTION 116800-2 OSO BAY AREA PARK DEVELOPMENT—PHASE 2 PLAYFIELD EQUIPMENT AND STRUCTURES C. Samples for Verification: For each type of exposed finish required, prepared on Samples of size indicated below. I. Posts and Rails: Not less than 6 inches long. 2. Platforms: Not less than 6 inches square. 3. Molded Plastic: Not less than 3 inches square. 1.5 INFORMATIONAL SUBMITTALS A. Coordination Drawings: Plans, drawn to scale, on which the following items are shown and coordinated with each other,using input from installers of the items involved: I. Extent of surface systems and use zones for equipment. 2. Critical heights for playground surfaces and fall heights for equipment. B. Qualification Data: For qualified Installer. C. Product Certificates: For each type of playground equipment,from manufacturer. 3 D. Material Certificates: For the following items,signed by manufacturers: I. Shop finishes. 1 2. Recycled plastic. E. Product Test Reports: Based on evaluation of comprehensive tests performed by a qualified testing agency,for each type of playground equipment. F. Field quality-control reports. 1.6 CLOSEOUT SUBMITTALS A. Maintenance Data: For playground equipment and finishes to include in maintenance manuals. 1.7U Q AUTY ASSURANCE A. Manufacturer Qualifications: A firm whose playground equipment components have been certified by IPEMA's third-party product certification service. I. Provide playground equipment and play structure components bearing the IPEMA Certification Seal. B. Installer Qualifications: An employer of workers approved by manufacturer. C. Safety Standards: Provide playground equipment complying with or exceeding requirements in ASTM F 1487 3 JUNE 26, 2013 SECTION 116800-3 OSO BAY AREA PARK DEVELOPMENT—PHASE 2 PLAYFIELD EQUIPMENT AND STRUCTURES 1.8 WARRANTY A. Special Warranty: Manufacturer's standard ranty form in which manufacturer agrees to repair or replace components of playground equipment that fail in materials or workmanship within r specified warranty period. Manufacturer's standard warranty applies to all play equipment. Refer to sample attached warranty following this specification for minimum requirements. I. Failures include,but are not limited to,the following: • a. Structural failures. b. Deterioration of metals, metal finishes, and other materials beyond normal weathering. 2. Warranty Period: Three years from date of Substantial Completion. , E PART 2-PRODUCTS [,,,,,i 2.1 COMPOSITE PLAYGROUND EQUIPMENT AND STRUCTURES A. Composite Structure: Custom, Assembled from manufacturer's standard modular-sized units and customized features. I. Manufacturer: Subject to compliance with requirements, provide products by Landscape Structures International. 2. Equipment:Custom structures-refer to drawings. 2.2 CAST-IN-PLACE CONCRETE A. Concrete Materials and Properties: Comply with requirements in Section 033000 "Cast-in- LPlace Concrete" to produce normal-weight, concrete with a minimum 28-day compressive strength of 3000 psi, 3-inch slump,and I-inch-maximum-size aggregate. PART 3-EXECUTION L .:, 3.1 EXAMINATION A. Examine areas and conditions,with Installer present, for compliance with requirements for site clearing, earthwork, site surface and subgrade drainage, and other conditions affecting performance of the Work. I. Do not begin installation before final gradingrequired for placingprotective surfacingis e9 • completed unless otherwise.permitted by Landscape Architect. B. Proceed with installation only after unsatisfactory conditions have been corrected. L L 3 JUNE 26,2013 SECTION 116800-41 OSO BAY AREA PARK DEVELOPMENT—PHASE 2 PLAYFIELD EQUIPMENT AND STRUCTURES 3.2 PREPARATION A. Verify locations of playground perimeter and pathways. Verify that playground layout and equipment locations comply with requirements for each type and component of equipment. 3.3 INSTALLATION,GENERAL A. General: Comply with manufacturer's written installation instructions unless more stringent requirements are indicated.Anchor playground equipment securely, positioned at locations and elevations indicated. I. Maximum Equipment Height: Coordinate installed heights of equipment and components with finished elevations of protective surfacing. Set equipment so fall heights and elevation requirements for age group use and accessibility are within required limits. Verify that playground equipment elevations comply with requirements for each type and component of equipment. B. Post and Footing Excavation: Excavate holes for posts and footings as indicated in firm, 3 undisturbed or compacted subgrade soil. C. Post Set with Concrete Footing: Comply with ACI 301/ACI 301 M for measuring, batching, mixing,transporting,forming,and placing concrete. I. Set equipment posts in concrete footing. Protect portion of posts above footing from concrete splatter. Verify that posts are set plumb or at the correct angle, alignment, height,and spacing. a. Place concrete around posts and vibrate or tamp for consolidation. Hold posts in position during placement and finishing operations until concrete is sufficiently cured. 2. Embedded Items: Use setting drawings s and manufacturer's written instructions to ensure correct installation of anchorages for equipment. 3. Concrete Footings: Smooth top,and shape to shed water. 3.4 FIELD QUALITY CONTROL A. Testing Agency:Engage a qualified testing agency to perform tests and inspections. B. Perform tests and inspections. I. Manufacturer's Field Service: Engage a factory-authorized service representative to inspect components, assemblies, and equipment installations, including connections, and to assist in testing. C. Tests and Inspections: For playground and playground equipment and components during installation and at final completion and to certify compliance with ASTM F 1487. I JUNE 26, 2013 SECTION 116800-5 OSO BAY AREA PARK DEVELOPMENT PHASE 2 PLAYFIELD EQUIPMENT AND STRUCTURES D. Prepare test and inspection reports. E. Notify Owner 48 hours in advance of date and time of final inspection. END OF SECTION 116800 L L • L L L PART T TECHNICAL SPECIFICATIONS tp. L SECTION 022100-T SELECT MATERIAL 1. DESCRIPTION This specification shall govern the use of select material to be used to treat designated sections of roadways,embankments,trenches,etc. Select material shall be a mixture of sand and clay or other suitable granular material. The material shall be free from vegetation, debris and clay lumps. Select material shall have a maximum liquid limit of 40%and a plasticity index between 7 and 18. 2. CONSTRUCTION METHODS - Select material shall be mixed uniformlyandplaced in layers8" not to exceed loose depth. The material shall be brought to the wet side of optimum moisture content and compacted to a minimum of 95% Standard Proctor Density or as specified on the drawings. Each layer shall be completed,tested and shall have passed the compaction test before the succeeding layer is placed. The finished surface of the select material shall conform to the grade and section shown on the fir), plans. 3. MEASUREMENT&PAYMENT Unless indicated otherwise in the Bid Proposal,select material shall be measured by the cubic yard of volume of completed work as indicated in the plans and paid for by the unit prices indicated in the Bid Proposal. Completed work is defined as material that has been deposited, compacted per the plans and specifications, tested and is in its fmal position. The volume of completed work is computed in place by the method of average end areas between the original subgrade or existing base surfaces and the lines, grades,and slopes of the Select Fill,as shown on the approved plans. Payment shall be full compensation for preparing the subgrade, furnishing and placing all materials,and all manipulation, labor,tools,equipment and incidentals necessary to complete the work. L L 022100-T Page 1 of 1 L I SECTION 025200-T I SUBGRADE PREPARATION 1. DESCRIPTION This specification shall govern all work necessary to prepare the subgrade prior to the installation of any material. 2. EQUIPMENT Provide compacting equipment that shall uniformly compact material to the density shown on the Plans. 3. CONSTRUCTION A. Excavation. Excavate areas shown on the Plans to the desired subgrade elevation. Remove all surface organics, deleterious materials, and existing roadway materials. B. Compaction. Compact the subgrade using density control method unless otherwise shown on the PIans. Sprinkle or aerate the subgrade,as necessary,to obtain the specified moisture content. When work area is of sufficient size, use rolling equipment to accomplish compaction efforts. Begin rolling longitudinally at the sides and proceed towards the center, overlapping on successive trips by at least one-half the width of the roller unit. On superelevated curves, begin rolling at the low side and progress toward the high side. Offset alternate trips of the roller. Operate rollers at a speed between 2 and 6 MPH, as directed by the Engineer. Ordinary Compaction. Apply compaction efforts with appropriate a ui ment until q P there is no evidence of further compaction. Correct irregularities, depressions, and weak spots immediately by scarifying the areas affected, adding or removing material as required, and re-compacting. If subgrade compaction cannot be achieved, it may be necessary to excavate the "soft" subgrade to a depth where firm subgrade is reached. Excavated areas shall be backfilled with compacted, limestone base, or other material approved by the Engineer. Reworking or removing and replacing materials shall be performed at the Contractor's expense. C. Proof Rolling. If proof rolling is required or requested by the Engineer, perform proof rolling in accordance with Specification 025100 "Proof Rolling." Unstable or non- uniform areas shall be repaired as indicated in item 3.C. 025200-T Page 1 of 2 I I 4. MEASUREMENT&PAYMENT No direct measurement or payment will be made for the work to be done or the equipment to be furnished under this specification, but it shall be considered subsidiary to the appropriate bid items in the Proposal. +i I L I 025200-T Page 2 of 2 I Vl H H I1 H W L No Fault Safety Surface & SAF DEK for Playgrounds Product Specification By No Fault Sport Group,LLC 1. All information contained within subject to change without notice 2011 All Rights Reserved LPOURED-IN-PLACE RUBBER SURFACING FOR PLAYGROUNDS PART 1—GENERAL 1.01 WORK INCLUDED This work includes furnishing and installing the No Fault Safety Surface. The surfacing Manufacturer/installer shall be responsible for all labor, materials, tools, and equipment to perform all work and services for the installation of the surface. 1.02 DESCRIPTION OF SYSTEM&GENERAL CONDITIONS LNo Fault Safety Surface shall be poured-in-place and trowelled to provide for a resilient,seamless rubber • surface installed over the specified rigid base and composed of premium quality SBR and EPDM rubber • mixed with a non-flammable, non-shrinking, one part moisture cured polyurethane adhesive as recommended by the Manufacturer and capable of bonding to concrete, asphalt or compacted stone. No Fault Safety Surface shall be stable and slip resistant to comply with,meet or exceed all requirements set forth in the Americans with Disabilities Act(ADA)and the American Standard Testing Methods(ASTM and Consumer Products Safety Commission(CPSC)for manufactured Safety Surfaces as detailed below. 1.03 QUALITY ASSURANCE Li A. Test Results 1. Impact Attenuation-ASTM F 1292: Surfacing within playground equipment use zones shall meet or exceed the performance requirements of CPSC, ASTM F 1292 and/or CSA Z614-98 that a surface yield both a peak deceleration of no more than 200 g's and a Head Injury Criteria(HIC)value of no more than 1,000 for a head-first fall from the highest accessible portion of play equipment being installed as shown on drawings. Manufactured Safety Surface: For surfaces manufactured for the purpose of playground safety surface, the impact attenuation performance shall be documented by a certificate of compliance provided by third party at Owner or contractor's expense. 2. Coefficient of Friction -ASTM D2047: All products must meet minimum standard on coefficient of friction of.9-wet, 1.0-dry. No exceptions will be made to this requirement in an effort to ensure ample slip-resistant conditions. 3. Permeability: Product shall meet or exceed a coefficient of permeability of seven(7)feet per minute. NOTE: From a geotechnical standpoint,the permeability of a material is a measure of the velocity at which water will flow through the void spaces or pores under a given hydraulic gradient. The product • shall handle a minimum of 8"of rainfall per hour. • 4. Flammability of Finished Floor Cover-ASTM D2859: Product shall pass flammability. 5. Accessibility of Surface Systems—ASTM F1951: All playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American Disabilities Act. 6. Tear Strength — ASTM D624-00e1 Standard Test Method for Tear Strength of Conventional • Vulcanized Rubber and Thermoplastic:Tear Resistance must be equal to or greater than 12 pounds per inch. 7. Tensile Strength — ASTM D412-02 Standard Test Methods for Vulcanized Rubber Elastomers and Thermoplastic Elastomers:Tensile Strength must be equal to or greater than 25 Psi. 8. IPEMA Certification Required: "In the Interest of playground safety,the International Play Equipment . Manufacturers Association(IPEMA)provides a Third Party Certification Service whereby a designated independent laboratory, TUN SOD America Inc., (TUV), validates a surfacing manufacturer's certification of conformance to ASTM F 1292,Standard Specification for Impact Attenuation Under and Around Playground Equipment, and for an engineered wood fiber manufacturer its certification of conformance, also to ASTM F2075, Standard Specification for Engineered Wood Fiber for use as a _ Playground Safety Surface Under and Around Playground Equipment,and Section 4.4,for testing Sieve ..... i : L ,...z No Fault Safety Surface & SAF DEK for Playgrounds Product Specification By No Fault Sport Group,LLC All information contained within subject to change without notice 2011 All Rights Reserved Analysis and Section 4.6, for testingthepresence of TrampMetal.A listof current Y u ent validated products, their thickness and critical height may be viewed at www.ipema.org." B. Contractor Pre-Qualifications 1. A list of twenty five (25) surfacing projects completed with a similar product. List shall include names of project representatives and respective telephone numbers. At least five(5)of these projects must be at least five(5)years old. This list shall also contain projects which require the same level of difficulty,size of project,type of project,e.g.color transitions and special graphics. 2. All bidders must also submit Material Safety Data sheets (MSDS) and Product Data Sheets on all materials. 3. Insurance Requirements-All bidders must carry minimum insurance of: a) $1,000,000 General Liability Per Occurrence b) $2,000,000 General Aggregate c) $2,000,000 Products Completed Operations d) $5,000,000 Excess Liability e) $1,000,000 Workers Comp.&Employers Liability f) $1,000,000 Automobile Liability(any Auto) 1.04 SUBMITTALS A. One original hard copy of the submittal package will be supplied with additional copies on individual CD's. Upon request only hard copies shall be supplied. B. Manufacturer's descriptive data and installation instructions. C. Manufacturer's details showing depths of wear surface and sub-base materials, anchoring systems and edge details. D. A list of all materials and components to be installed, including Manufacturer's name, storage requirements, and precautions, and shall state chemical composition and test results to which material has been subjected in compliance with these specifications. E. Test results to substantiate that the product meets or exceeds all ASTM & ADA requirements for each standard listed in Section 1.03 Quality Assurance. Test must be performed and certified by an independent laboratory. F. Documentation of Contractor Pre-Qualification as stated in Section 1.03 Quality Assurance. G. Documentation of Insurance Requirements as stated in Section 1.03 Quality Assurance. H. Statement signed by the Manufacturer of the synthetic safety surfacing attesting that all materials under this section shall be installed by the Manufacturer or its Certified Installers and that playground surfacing installation shall not be performed by anyone other than the Manufacturer or its Certified Installers. I. A listing of at least twenty five (25) installations where products similar to those proposed for use have been installed and have been in successful service for a minimum period of three(3)years.This list shall include Owner or purchaser, address of installation, date of installation, contact person, and phone number. J. Upon request,a sample specimen of safety surface proposed for this project. K. Upon request,a list of all organizations and affiliations of the company offering the product(s). 1.05 DELIVERY,STORAGE and HANDLING: I Materials and equipment shall be delivered and/or stored in accordance with the Manufacturer's recommendations. 1.06 PROJECT SITE CONDITIONS: A. Synthetic safety surfacing shall be installed on a dry subsurface,with no prospect of rain within the initial drying period,at temperatures recommended by the Manufacturer. B. Installation in weather condition of extreme heat, temperatures less than 40 degrees (F), and/or high humidity may impact cure time,and/or the structural integrity of the final product.Immediate I 2 E . No Fault Safety Surface & SAF DEK for Playgrounds Product Specification By No Fault Sport Group,LLC • All information contained within subject to change without notice 2011 All Rights Reserved surroundingsL of the site shall be reasonablyfree of dust conditions and poor particulate air quality will impact the final surface look C. The Manufacturer's installation manager shall reserve the right to control the project schedule installation based on such factor without penalty to No Fault Sport Group,LLC. D. Safety surfacing shall be installed after the playground equipment is installed unless otherwise noted. E. Surface installation shall be coordinated by the project manager or designated individual of playground equipment and sub-base installation, with No Fault Sport Group's local production manager and in accordance with No Fault's sub-base requirements. 1.0'7 WARRANTY: Surfacing shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and material for a period of no less than one(1)year or as specified and agreed upon per contract. PART 2—PRODUCTS L Product shall be No Fault Safety Surface as manufactured and sold by No Fault Sport Group,LLC. No Fault Safety Surface shall consist of synthetic poured-in-place safety surfacing meeting the requirements of this specification. It shall be manufactured and installed by No Fault Sport Group, LLC (866-637- 7678 www.nofault.com)and its certified installation crews. NOTE—Other products will be allowed only if prior approved as per Section 2.02 Product Substitutions &Approved Equals L2.01 MATERIALS A. Polyurethane Binder 1. Binder for safety surfacing shall be specifically designed for use with rubber granule material for outdoor installations. 2. Binder is a single component polyurethane pre-polymer formulated using a polymeric foam of Diphenylmethane 4,4' Diisocyanate(MDI),Amber Viscosity—4500cps,NCO content—9.0,Density —20dc-68, PCF Flash Point->390dF,Elongation—550%,Tensile—3900 lb./sq.in. 3. No toluene diphenel isocyanate(TDI)shall be used. 4. No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain Lno heavy metals. 5. Weight of polyurethane shall be no less than 8.5 lbs/gal (1.02 Kg/1) and no more than 9.5 lbs/gal (1.14 Kg/l) 6. COLOR TINTED BINDER WILL NOT BE ALLOWED. B. SBR(Impact Layer) 1. Only 100%shredded styrene butadiene rubber may be used 2. Strands of SBR may vary from 0.5 mm—2.0 mm in thickness by 3.0 mm—20 mm in length. L C. EPDM(Wear Surface) 1. EPDM particles shall meet requirements of ASTM D 412 and CSA Z614-98 for tensile strength and • elongation; and ASTM D 2240 (Shore A) hardness of 55-65, not less than 26 percent rubber hydrocarbons. 2. EPDM shall be peroxide cured with an EPDM content of 26 percent and shall include a processing aid to prevent hardness with 26% poly content to maintain dynamic testing characteristics, weatherization and UV stability. 3. Size of rubber particles shall be not less than 1.00 mm, or greater than 3.0 mm across. with a _ minimum EPDM content of 25% by weight and certified letter from Manufacturer stating this content. All rubber shall remain consistent in gradation and size. 4. STRAND, SHAVED, CHIPPED OR SHREDDED RUBBER IS NOT ACCEPTABLE IN THE LPOURED CAP. 3 L ,. No Fault Safety Surface & SAF DEK for Playgrounds Product Specification By No Fault Sport Group,LLC All information contained within subject to change without notice 2011 All Rights Reserved 2.02 PRODUCT SUBSTITUTIONS&APPROVED EQUALS A. All product substitutions must be submitted for preapproval at least fourteen (14) days prior to bid opening date. A complete submittal package, as outlined in Section 1.03 Submittals, must be provided before a substitute product will be considered for preapproval. If the product submitted for preapproval cannot meet all requirements of the submittal package,it will not be considered. B. Once all products submitted for substitution have been reviewed,a list of the approved substitutes will be circulated and made available to bidders. PART 3—EXECUTION 3.01 SUB-BASE REQUIRMENTS A. Owner or Owner's representative shall provide sub-surface in accordance with Manufacturer's recommendation for the project location and application. B. The base shall be concrete, asphalt, or compacted stone installed in accordance with Manufacturer's written specifications. C. The base shall have the specific minimum slope(2%)and shall vary no more than 1/8"when measured in any direction with a 10' foot straight edge. Verify that sub-surfacing drainage, if required, has been installed to provide positive drainage. D. Tolerance of concrete or bitumininous subsurface shall be within 1/8 inch(3.0 mm)in 10 feet(3050 mm). Tolerance of aggregate subsurface shall be within 3/8 inch (10mm) in 10 ft (3050 mm). Verify that aggregate subsurface has been fully compacted in 2"lifts to 95 percent or greater. E. Asphalt base shall be allowed to cure a minimum of fourteen(14)days and new concrete shall be allowed to cure a minimum of seven(7)days prior to commencement of surfacing. F. All sub-bases shall be approved by Owner or Owner's Representative prior to installation of the safety surface. G. Alternate sub-base material must have prior approval from Manufacturer. 3.02 PREPARATION A. Scheduling—No Fault Safety Surface shall be installed after other sub-contractors are complete,the area is free from pedestrian traffic, and under the conditions as outlined in Section 1.06 Project Site Conditions. B. Cleaning-The entire subsurface shall be clean,dry and free from any foreign and loose material. 3.03 INSTALLATION A. SBR Cushion Layer 1. Polyurethane binder and SBR will be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. 2. Binder shall be not less than 18 percent,nor more than 22 percent, of the total weight of rubber, and shall provide 100 percent coating of the particles. 3. The SBR and binder mixture will then be poured-in-place by means of screeding,and hand-trowelled to maintain a seamless application. 4. Installation method shall use a measured screed rod 1/16"thicker than the required depth. 5. Whenever practical, SBR cushion layer shall be installed in one continuous pour on the same day. When a second pour is required,fully coat the edge of the previous work with polyurethane binder to ensure 100 percent bond with new work. Apply adhesive in small quantities so that new SBR mixture can be placed before the adhesive dries. 6. Total depth of the safety surface system throughout the playground equipment use zone shall be as required to meet the applicable critical fall height requirements or as specified by Owner or Architect. Therefore, thickness of the SBR cushion layer will be total depth less 3/8" (minimum required thickness of the EPDM wear course layer). 4 L L No Fault Safety Surface & SAF DEK for Playgrounds Product Specification By No Fault Sport Group,LLC All information contained within subject to change without notice 2011 All Rights Reserved L 7. adjacent es- Surface edges shall be flush with edge of Edges g g area or tapered to provide safe transition. When connecting to a concrete curb or border the hardened edge shall be primed with adhesive. 8. The SBR cushion layer surface shall be porous. B. EPDM Wear Course Layer 1. Polyurethane binder and EPDM will be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. 2. The binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles. 3. The EPDM and binder mixture will then be poured-in-place by means of screeding, and hand- trowelled to maintain a seamless application. 4. Installation method shall use a measured screed rod 1/16"thicker than the required depth. L5. The cap will have a minimum weight of 2.2 pounds per square foot. 6. Thickness of wear surface shall be a minimum 3/8 inch. - 7. The wear layer shall be porous. 8. if graphic designs and color transitions are used,they shall be full wear course depth. Color(s)to be determined by architect. 9. Edges-Surface edges shall be flush with edge of adjacent area or tapered to provide safe transition. 10. Large Areas-All areas in excess of 2,000 sq. ft. or that require adjacent color pours will have a cold joint or seam due to the nature of the installation process. Although seldom visible, large areas or adjacent colors require the No Fault Safety Surface material to be installed on separate days. L, 11. Color: EPDM wear course shall be a blend of 50% Black and 50% Standard Color chosen by the architect or Owner during the submittal process,unless otherwise stated on plans. L i 3.04 PROTECTION A. The synthetic safety surface shall be allowed to fully cure in accordance with Manufacturer's instructions. The surface shall be protected by the Owner from all traffic during the curing period of 48 to 72 hours after surface installation is complete,or as instructed by the Manufacturer. B. Surface installation crew shall be responsible for the protection of No Fault Safety Surface during the Linstallation process. Owner or General Contractor shall be responsible for the protection of the surface during the crew's off hours and during the curing period upon completion of the installation. 3.05 CLEAN UP A. Manufacturer's installers shall not leave adhesive on adjacent surface or play equipment. Spills of excess adhesive shall be promptly cleaned. B. Manufacturer's installers shall properly dispose of all material and packing waste before leaving the job site. L C. Owner or contractor shall be responsible for supplying a dumpster at job site for all waste associated with installation of the safety surface. • LFOR INDIVIDUAL PROJECT SPECIFICATIONS OR OTHER INFORMATION INCLUDING FALL HEIGHT REQUIREMENTS PLEASE CONTACT NO FAULT SPORT GROUP,LLC 866-637-7678(toll free) WWW.NOFAULT.COM L L 5 L 3 No Fault Safety Tile Product Specification By No Fault Sport Group,LLC All information contained within subject to change without notice. 2011 All Rights Reserved SAFETY TILE SURFACING FOR PLAYGROUNDS PART 1 GENERAL 1.01 WORK INCLUDED This work includes furnishing and installing the No Fault Safety Tile. The safety tile installer shall be responsible for all labor, materials, tools, and equipment to perform all work and services for the installation of the surface per the dimensions and notes shown in plans. 1.02 DESCRIPTION OF SYSTEM&GENERAL CONDITIONS No Fault Safety Tile is a unique, shock-absorbing resilient tile that provides a permanent,maintenance- free answer to playground safety and accessibility needs. No Fault Safety Tile shall comply with,meet or exceed all requirements set forth in the Americans with Disabilities Act (ADA) and the American Standard Testing Methods (ASTM) and Consumer Products Safety Commission (CPSC) for manufactured Safety Surfaces as detailed below. 1.03 QUALITY ASSURANCE A. Test Results 1. Impact Attenuation-ASTM F 1292: Surfacing within playground equipment use zones shall meet or exceed the performance requirements of CPSC, ASTM F 1292 and/or CSA Z614-98 that a surface yield both a peak deceleration of no more than 200 g's and a Head Injury Criteria(HIC)value of no more than 1,000 for a head-first fall from the highest accessible portion of play equipment being installed as shown on drawings. Manufactured Safety Surface: For surfaces manufactured for the purpose of playground safety surface,the impact attenuation performance shall be documented by a certificate of compliance provided by third party at owner or contractor's expense3 2. Tear Resistance—ASTM D-624,Die C shall meet or exceed 13.13KN/M 3. Abrasion Testing—ASTM-D-3389 shall meet or exceed 0.20mg loss/revolution 4. Coefficient of Friction—DIN 18035 Part 6 shall meet or exceed 0.54 when Dry &aged for 42 days, and 0.76 when wet and aged for 42 days 5. Flammability—ASTM D-2859-96 shall pass 6. Fungal Resistance—ASTM G21-96 shall be less than 10%after 60 days with no discoloration 7. Tensile Strength—DIN 18035 Part 6 shall meet or exceed 1.43N/(mm)2 8. Elongation at Break—DIN 18035 Part 6 shall meet or exceed 118% 9. Accessibility of Surface Systems—ASTM F1951: All playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American Disabilities Act 10. IPEMA Certification Required: "In the Interest of playground safety,the International PIay Equipment Manufacturers Association(IPEMA)provides a Third Party Certification Service whereby a designated independent laboratory, TUV SOD America Inc., (TUV), validates a surfacing manufacturer's certification of conformance to ASTM F1292,Standard Specification for Impact Attenuation Under and Around Playground Equipment, and for an engineered wood fiber manufacturer its certification of conformance, also to ASTM F2075, Standard Specification for Engineered Wood Fiber for use as a Playground Safety Surface Under and Around Playground Equipment,and Section 4.4,for testing Sieve Analysis and Section 4.6, for testing the presence of Tramp Metal.A list of current validated products, their thickness and critical height may be viewed at www.ipema.org." 1.04 SUBMITTALS A. One original hard copy of the submittal package will be supplied with additional copies on Manufacturer's CD. Upon request,additional hard copies shall be supplied. B. Manufacturer's descriptive data and installation instructions shall be supplied upon request. III C. Manufacturer's details showing depths of surface and sub-base materials,anchoring systems(if required) and edge details shall be supplied upon request. 1 I L L No Fault Safety Tile Product u t Specification By No Fault Sport Group,LLC AU information contained within subject to change without notice. 2011 All Rights Reserved D. A List of all materials and components to beinstalled, mcludmg storage requirements, and precautions, and shall state chemical composition and test results to which material has been subjected in compliance r with these specifications shall be provided upon request. eis E. Test results to substantiate that the product meets or exceeds all ASTM & ADA requirements for each standard listed in Section 1.03 Quality Assurance. F. Upon request,Manufacturer shall supply a sample of safety surface proposed for project. Size and depth of sample will be agreed upon prior to submittal. G. Upon request,a Iist of all organizations and affiliations of the company offering the product(s). 1.05 DELIVERY,STORAGE and HANDLING: r Materials and equipment shall be delivered and/or stored in accordance with the Manufacturer's recommendations. All material shall be stored for protection from weather and vandalism and adhesives should be stored at temperatures above 40°F. 1.06 PROJECT SITE CONDITIONS: A. Synthetic safety surfacing shall be installed on a dry subsurface,with no prospect of rain within the initial Ldrying period,at temperatures recommended by the manufacturer. B. Installation in weather condition of extreme heat, temperatures less than 40 degreesand/or P �' (F), high humidity may impact cure time, and/or the structural integrity of the final product. The ambient air Ltemperature during installation must be a minimum of 40°F and should remain at this degree for a minimum of 72 hours after installation is complete. C. Immediate surroundings of the site shall be reasonably free of dust conditions and poor particulate air quality will impact the final surface look. L D. The manufacturer's installation manager shall reserve the right to control the project schedule installation based on such factor without penalty to No Fault Sport Group,LLC. E. Safety tiles shall be installed after the playground equipment is installed unless otherwise noted. L F. Surface installation shall be coordinated by the project manager with No Fault Sport Group's local production manager and in accordance with No Fault's sub-base requirements. 1.07 WARRANTY: r All surfacing components shall maintain required technical specifications and be fit for those applications as set forth in the Manufacturer's published technical and promotional materials and will be guaranteed against material defects as specified and agreed upon per contract. LPART 2—PRODUCTS No Fault Safety Tiles as are manufactured by ECORE International and sold exclusively by No Fault LSport Group,LLC and it's authorized agents, 1-866-637-7678 or www.nofault.com. NOTE L —Other products will be allowed only if prior approved as per Section 2.02 Product Substitutions&Approved Equals 2.01 MATERIALS A. No Fault Safety Tile shall consist of a high density,water permeable wear surface;with tapered conical support legs,a surface expansion joint,and perimeter adhesion in order to maximize shock attenuation, walkability,ease of installation,and water drainage. B. No Fault Safety Tile is a factory-molded surface composed of high quality SBR rubber granules bound with a wear and weather resistant polyurethane. Ir C. The polyurethane binder used shall be composed of MDI(diphenylmethanediisocyanate)isocyanate and polyether(polypropyleneglycol)polyols.TDI(toluene disocyanate)isocyanate or catalysts based on lead r or mercury are not utilized. I. br 2 r l No Fault Safety Tile Product Specification By No Fault Sport Group,LLC All information contained within subject to change without notice. 2011 All Rights Reserved D. Rubber granules are blends of ground rubber particulates specially blended to enhance tile strength, durability,and energy absorption characteristics. E. All coloring pigments are inorganic oxides.Pigments based on cadmium are not utilized. F. No Fault Safety Tiles are manufactured to the following minimum standards: 1) Dimensions:24"x 24"+/- 1/8"for both 2.25"thickness&3.75'thickness 2) Wear Surface Density: 50 lbs/cu.ft.,min.for 2.25"thickness&48lbs.Icu.ft.,min.for 3.75 thickness 3) Coefficient of Thermal Expansion: 1.10 x 10-3in.ft./°F for both 2.5"thickness&3.75'thickness3 4) Void Volume:42%min.for 2.25"thickness&50% min.for 3.75 thickness 5) Water Permeation Rate: 0.045cm/sec for both 2.25"thickness&3.75'thickness G. The colors of No Fault Safety Tile shall be Gray,Black,Red,or Green as selected by architect or owner during the submittal process. Color samples provided upon request. H. Adhesive—a single component,high solid moisture cured,polyurethane advised as supplied by No Fault Sport Group. - 2.02 PRODUCT SUBSTITUTIONS&APPROVED EQUALS A. All product substitutions must be submitted for preapproval at least fourteen (14) days prior to bid opening date. A complete submittal package, as outlined in Section 1.03 Submittals, must be provided before a substitute product will be considered for preapproval. If the product submitted for preapproval cannot meet all requirements of the submittal package,it will not be considered. B. Once all products submitted for substitution have been reviewed,a list of the approved substitutes will be circulated and made available to bidders. PART 3—EXECUTION 3.01 SITE PREPARATION A. Owner or owner's representative shall provide sub-surface in accordance with manufacturer's recommendation for the project location and application. B. The base shall be concrete, asphalt, or compacted stone installed in accordance with manufacturer's written specifications. C. The base shall have the specific minimum slope(2%)and shall vary no more than 1/8" when measured in any direction with a 10' foot straight edge. Verify that sub-surfacing drainage, if required, has been installed to provide positive drainage. D. Tolerance of concrete or bitumininous subsurface shall be within 1/8 inch(3.0 mm)in 10 feet(3050 mm). Tolerance of aggregate subsurface shall be within 3/8 inch (10mm) in 10 ft (3050 mm). Verify that aggregate subsurface has been fully compacted in 2"lifts to 95 percent or greater. E. Asphalt base shall be allowed to cure a minimum of fourteen(14)days and new concrete shall be allowed to cure a minimum of seven(7)days prior to commencement of surfacing. F. All sub-bases shall be approved by Owner or Owner's Representative prior to installation of the safety surface. G. Alternate sub-base material must have prior approval from manufacturer. 3.02 PREPARATION A. Scheduling—No Fault Safety Tiles shall be installed after other sub-contractors are complete;the area is • free from pedestrian traffic;and under the conditions as outlined in Section 1.06 Project Site Conditions. B. Cleaning-The entire subsurface shall be clean,dry and free from any foreign and loose material. 3.03 INSTALLATION No Fault Safety Tile shock-absorbing resilient tile may be installed outdoors over existing asphalt or concrete surfaces or over a new asphalt,concrete, or compacted aggregate base. For complete design and1111 installation information,please contact NO FAULT SPORT GROUP,LLC 866-637-7678. I 3 L ..2 .. .. No Fault Safety Tile Product Specification By No Fault Sport Group,LLC • • • All information contained within subject to change without notice. 2011 All Rights Reserved 3.04 PROTECTION • A. The synthetic safety tile shall be allowed to fully cure in accordance with Manufacturer's instructions. The surface shall be protected by the owner from all traffic during the curing period of 48 to 72 hours after surface installation is complete,or as instructed by the manufacturer. • B. Surface installation crew shall be responsible for the protection of the safety tiles during the installation L process only. Owner or general contractor shall be responsible for protection of the safety tiles during the • crew's off hours and curing period. 3.05 CLEAN UP • A. Manufacturer's installers shall not leave adhesive on adjacent surface or play equipment. Spills of excess adhesive shall be promptly cleaned. B. Manufacturer's installers shall properly dispose of all material and packing waste before leaving the job L site. C. Owner or contractor shall be responsible for supplying a dumpster at job site for all waste associated with installation of the safety tile. • L . .•. . FOR INDIVIDUAL PROJECT SPECIFICATIONS OR OTHER LINFORMATION INCLUDING FALL HEIGHT REQUIREMENTS PLEASE CONTACT NO FAULT SPORT GROUP,LLC 866-637-7678 WWW.NOFAULT.COM L • L • L •,••.. ...,.ki c .:r .•• •LT L L • 4 • t L. .. 1 1` vx \ __ ��\i = tCV7 _-----=-____C.- � L '�' '. �.` . :tea-e yy',. 5 J i a 1 9` .� '4: "e'.:5 c h „jad. — � - 1,':--`7-74.44_4.-...,.. ' to .-.-„,:,,---. - '--- ....,,,•::..a.. '-'-':-.' -,,,,40-4-,-,-,-- :7-7 4'6', ''..-,••'.'i'.,, -,-. ‘,.c'.,'3.,-7 r ,i'./..iic,:•,..- -,.t.-41-.--.,=',,--,-_,, „Al-_,._,..,,-__r . .2:-.„x100 Year Limited- Warranty OR all tflik PiayBucsiex,-PlayShanPre' and Pla ce,;;�. landscape 2013 Play Equipment Warranty ally rintnnposts stainless sleet aster �s.cdn,l,s. structures You have our word, bpaRis an„ulK,agai:ist-:structural: ailure d;a to Cr $Idd,r'atural deterioratteii n`mar ofaduring Landscape Structures Inc.warrants that all playstructures and/or equipment defects gild on l is Booster F us-i `IC 'Jos' quality specifications manual for the x sold will conform in kind and in uali to the StE°fposts.nd arches against trucfu a i[ii e du" products identified in the Acknowledgment of Order and will be free of t0 tTldtendi DI -anutaciUring Oetec s defects in manufacturing and material Seller further warrants: 15-Year Limited Warranty On all plastic com0011entS ileciuci g TUftTimo.0 S yirgi, all All the warranties commence on date of Seller's invoice.Should any failure asteel COIT1p0i1 Rta tee ep lOO tar s'..':: p is,', to conform to the above express warranties appear within the applicable aN1otii is c limbers.decks and TendC'T i c0;3iii1 Jc warranty period,Seller shall,upon being notified in writing promptly after (crcept Wiggle Ladnors,Cf gin L ce s e[ ;<n t; discovery of the defect and within the applicable warranty period,correct Chain}aga nst-s,ru tura! tile e cue a mu`en31 such nonconformity either by repairing any defective part or parts,or by or rnanafaciufing defects Tuff" ' tiles ' ,i 1S`, making available a replacement part within 60 days of written notification. Rtatenal or ritanuta turinq de.ecIs. Seller shall deliver the repaired or replacement part or parts to the site free 10-Year Limited::Warranty on G,J.q.--e,,P. of charge,but will not be responsible for providing labor or the cost of pro UctS against structural ail it C t0 labor for the removal of the defective part or parts and the installation of natural detrelivation or ma'Wf3cit g '?n"is. any replacement part or parts.Replacement parts will be warranted for the does not dovor miner ales. hair!iric crac'r:s balance of the original warranty. .174,,or efflerest Pace. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER 8 Year Limited Warranty On ifuron ClunjheFS and Ct irbl^g`Caf cables 2cer, t ovt viz Irl WARRANTIES,WHETHER EXPRESSED OR IMPLIED,INCLUDING BUT NOT rnaterfaiso'-maafact ung cefe t5.0 COOI Oppe. UMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS fatiriG against dllur2'from si nif Ca[; ,a,„.ig, FOR A PARTICULAR PURPOSE t'e*e't012tr33,`b ea}c k U,R;'mildew,-c t tdCu t,c t'i The remedies hereby provided shall be the exclusive and sole-remedies ci dis.oloraliui TI is wa,ran'y is Iii red t°to ':s of the purchaser.Seller shall not be liable for any direct indirect,special, loads as sled ii the spe ri 3 )ns e [n,, in . a le—clinical iri efimal e . incidental or consequential damages. c S Year.Limited Warranty Or P bled-i >;'' Seller neither assumes nor authorizes any employee,representative or any SSurfacittg system against: ,,,ilu cue to other person to assume for Seller any other liability in connection with the sale oelani°iation paiufacturi g dcieC- tslall;?tin 1 or use of the structures sold,and there are no oral agreements or warranties • servipes ar'd impact dttenuat1011; collateral to or affecting this agreement.The warranty stated above is valid 3 Year Limited .:Warranty Cn 21: only if the structures and/or equipment are erected in conformance with anterparts, Le. Pulse'" 'products CableCo e Landscape Structures' installation instructions and maintained according products ming sews and,hanaeis:f:iobiuscliumer to the maintenance procedures furnished by Landscape Structures Inc.: harisft o d , W ggle Laod rs, Chan Ladue and have been subjected to normal use for the purpose for which the goods Prouuaro S c g; 'lairC'iairr,t Track Fid: r Ili s ?Ind were designed have not been subject to misuse, negligence, vandalism, 1:-L hurrjpers all reca i nn m rt i if![i 1i S�, g P � ji or accident;have not been subjected to addition or substitution of parts; .11 ,r-,F,,,,/,:--,slide S°F B belting mati,ridl Ht'al J.rcd, and have not been modified, altered,or repaired by persons other than hydtau1to oylin ft,rti, Seesaws 4, 'Ji ,,le I i:C Seller or Seller's designees in any respect which,in the judgement of Seiler, Bridge etr against'agiiirsti failure d , corrosi. natural detenO....Ormanufacturing. • S, affects the condition or operation of the structures.To make a claim,send your written statement of claim, along with the original job number or Thlswarrantydoes not includeanycosmetic issues invoice number to:Landscape Structures Inc.601 7th Street South,Delano, orwearand tear from`normal use,it is valid only Minnesota, 55328-8605. if the piaystructures-and/or equipment are erected to'conform with Landscape Structures' • installation instructidnt and maintained according to the'maintenance'procedures furnished by r1�`" rr Landscape Structures inc.' Signed: �:/ , Chairman Date: 01/01/2013 L . ,, L _ I d.. , :1:V �. ,,,,,-,E L L ,,.., .1,c 1 _, __..„ —,--- _ j, , 4 i . 1 7.,_... ,,,, r:;_.:] 7,i:-.. IHdf81Nf1 7..id .ya -- 3 k�'t ' F VA — i"I _ ___ _ _ L - - -:..,-_-__--„3., _.. ..:„.t...va.,..4.7-:„. „..„...:111.: ____ _ __ .. .. LTerms of Sale PRICING: Landscape Structures' list prices do not RETURN POLICY:As an indication of our commitment • include delivery and handling charges.Prices are subject to our customers, Landscape Structures will accept to change without notice. returns of new structures and/or new equipment TERMS: To tax-supported institutions and those with purchased within 60 days of the original invoice date. established credit net 30 days from the date of the Advance notification is necessary to ensure proper invoice,1.5%per month thereafter, freight charges are credit.Parts not induded in this return policy are custom prepaid and applied to the invoice. parts (including PlayShaper® posts), as well as used or damaged parts. A 20% restock fee plus all return TAXES:Landscape Structures'list prices do not include freight charges will apply to all product returns.NOTE: • applicable taxes,If any. All parts are subject to inspection upon pore return. Parts WEIGHTS:Weights are approximate and may vary. returned damaged may not receive a full credit.For this reason,it is important that all returned parts are properly LDELIVERY:If delivery of the equipment is by common packaged to prevent damage while in transit carrier,and there is damage or a shortage, notify the carrier at once and sign delivery documents provided PRODUCT CHANGES: Because of our commitment to by the carrier noting the damaLge or shortage. Most safety, innovation, and value, we reserve the right to products are delivered on large pallets and will require change specifications at any time. a forklift or similar equipment to unload as a unit on PLEASE CONTACT US AT: the site. Landscape Structures Inc. INSTALLATION: All playstructures and/or equipment 601 7th St.South are delivered unassembled and packaged with recyclable Delano,MN 55328-8605 materials. For a list of factory-certified installers in 888.438.6574(inside the USA) your area, please contact your Landscape Structures 763.972.5200(outside the USA.) playground consultant. playlsi.com L SERVICE We have knowledgeable,qualified playground consultants throughout the world who are available to help you before,during and after the sale. Landscape r lig Structures has exclusive design software that features all of our parts and pieces in pull-down menus. Withtri` th this software,your playground consultant can design a playground layout that meets not only your needs,but L, ASTM and CPSC standards as well.In addition,we have landscape a full staff of NPSI-certified designers, along with 2-D and 3-D drawing capabilities and custom capabilities to structures° assist you with your playground plans. r L 601 7th Street South• Delano,MN 55328-8605• 888.438.6574 • 763.972.5200• Fax 763.972.3185 • playlsi.com tt1B762600 02013 Landscape Structures Inc Pohlad m the U.SA AU nahts rwnad a765-2057 illi y' C/2 z .04 0 LA .4 OSO BAY PARK PLAYGROUND EQUIPMENT L PN : E15130 LIST OF DRAWINGS 1 SHEET 1 OF 185 - TITLE SHEET 2 SHEET 8 OF 185 - PROJECT ALTERNATES L3 SHEET 52 OF 185 ENLARGED LAYOUT AND GRADING PLAN - C 4 SHEET 53 OF 185 - ENLARGED LAYOUT AND GRADING PLAN - D 5 SHEET 61 OF 185 - DETAILS - SITE LANDSCAPE WALLS L6 SHEET 62 OF 185 DETAILS - POND 7 SHEET 64 OF 185 - DETAILS - PLAYSCAPE I L L L 6 E 8 Pri J .,A ,AIL11 ,-.11 , 111 ,--1 .-11 .-11 - 11 r AGREEMENT r THE STATE OF TEXAS § COUNTY OF NUECES § f THIS AGREEMENT is entered into this 2nd day of June , 2015, 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 Barcom Commercial Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $313,640.38 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: LARGE JOB ORDER CONTRACT (RFP 2014-07) OSO BAY PARK PLAYGROUND EQUIPMENT PROJECT NO. E15130 (Parent Project#03380) TOTAL AMOUNT: $313,640.38 according to the attached Plans and Specifications in a good and workmanlike manner r�. 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 v 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. rr r Page 1 of 3 Rev.Aug-2014 Ilr Yrs Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and +t. Special Provision A-26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. kie The Contractor will commence work within ten (10) calendar days from date they tip receive written work order and will complete same within 160 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. r r 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. W Page 2 of 3 Rev.Aug-2014 tar i"` CITY OF CORPUS RISTI APPROVED AS TO LEGAL FORM too B 11111:00" By: AhAY rV l, 11 Gustavo Gonzalez, P. . Asst. City Attorney Assistan City Manag;r of Public Works And Utilities 1. R . ' MEN 1 /Lt G•; Valerie ray, P.E. ;V Funding Dept. royal (Dept. Head) Execut e Director f Pub c Works v, Date Date AP OV D: e Director of Management& Budget Funding Source: Accounting Unit 3292-141 Account 550720 Activity 130280013292EXP w CONTRACTOR ATTEST: (I o,•orati• Barcom Commercial, Inc. _ _ By: Fit— �. f42341dYna elow) Title: f)Upiv-n1z ote: If Person signing for corporation is not President, 5826 Bear Lane attach copy of authorization (Address) to sign) Corpus Christi, TX 78405 (City) (State) (ZIP) 361/851-1000* 361/851-1717 Is (Phone) (Fax) Justinmbarcom.cc (E-Mail) Page 3 of 3 Rev.Aug-2014 ir. CITY OF CORPUS CHRISTI, TEXAS ../. - SUMMARY SUMMARY OF APPROPRIATIONS AND EXPENDITURES i I')e ,r ,/� AS OF June 30, 2015 /j77f) 5 . Run: 06/29/2015 at 5:00 AM pr05i(e5 `1,,,i FUND: 3292 - PK&RC2010GOBDO8Expenditures (Includes Expenditures (CurrentOe 01 Project Description Budget Beginning Balance) Year Only) Encumbrance Unencumbered 130054 Cole Park Renovations and Improve 1,512,069.02 1,499,878.18 0.00 0.00 12,190.84 130076 Sports Field Lighting and Other Impr 977,629.01 973,720.05 0.00 0.00 3,908.96 130109 Skate Park Lighting 2009 (E09003) 88.53 88.53 0.00 0.00 0.00 130115 Greenwood Softball Complex(Bond 440,181.79 440,181.79 0.00 0.00 0.00 130131 CC Beach Bathhouse (Bond 2008) 471,435.98 448,054.88 129,318.43 17,314.19 6,066.91 130201 South Guth Park Ballfield Relocation 1,214.39 1,214.39 0.00 0.00 0.00 130221 Tennis Court Imps (HEB &AI Kruse 21,355.25 21,355.25 0.00 0.00 0.00 130222 HEB Tennis Court Lighting Replacer 17,075.12 17,075.12 0.00 0.00 0.00 130226 HEB Pool Complex Replacement 2,190,897.14 2,189,884.20 0.00 0.00 1,012.94 130230 Brandywine Park (dup) 5.47 0.00 0.00 0.00 5.47 130252 Neighborhood Park Playground & P 4,083.31 4,083.31 0.00 0.00 0.00 130253 State School Property Dev Ph 2 48,588.99 48,588.99 0.00 0.00 0.00 130280 Oso Creek/Oso Bay Area Park Deve 3,221,939.30 2,642,474.39 157,312.81 331,505.26 247,959.65 130291 Hike& Bike Trails City Wide 286,116.39 99,917.34 0.00 0.00 186,199.05 130400 Bay Trail Phase 2 3,398.61 3,398.61 0.00 0.00 0.00 130466 CC Beach Sidewalks 257,218.33 218,555.74 0.00 0.00 38,662.59 130497 Park Operations New Maintenance F 38,904.78 38,665.28 0.00 0.00 239.50 130498 CC Beach Promenade NW Extensio 440,434.56 in 384,683.19 0.00 5 751.37 130499 CC Beach Entry Developmen 696,081.66 635,363.05 , 3.81 4. 1 13000 130506 WS Little League Concession Remo 214.20 214.20 0.00 0.00 0.00 130511 Heritage Park Cultural Center Histor 11,280.12 11,280.12 0.00 0.00 0.00 130520 Ben Garza Sports Pavilion 185.00 185.00 0.00 0.00 0.00 130545 Bayfront Development Plan Ph 1 35.65 35.65 0.00 0.00 0.00 130708 State School Sport Complex Ph1 31,896.96 31,896.96 0.00 0.00 0.00 130709 Oso Bay Lrn Cntr/wetlnd Aprsl 51.90 51.90 0.00 0.00 0.00 500030 Reserve Appropriation (12,227.11) 0.00 0.00 0.00 (12,227.11) 55050 Bond Issuance Costs 194,700.08 194,700.08 0.00 0.00 0.00 E03361 Broadmoor Senior Center Phase 1 121,599.69 121,599.69 0.00 0.00 0.00 E03369 850920 Intl Westside Pony League 3,711.46 3,711.45 0.00 0.00 0.01 E03434 Paul Jones at Williams Park 2009 6,962.59 6,962.59 0.00 0.00 0.00 E05243 Billing's Bait Stand and Clem's Marir 27,933.00 27,933.00 0.00 0.00 0.00 E09014 Little Miss Kickball ADA Parking Lot 2,227.09 2,227.09 0.00 0.00 0.00 E09018 Oso Golf Course Gravel Parking Lot 3,821.68 3,821.68 0.00 0.00 0.00 E10005 Greenwood Softball Complex Field L 18,802.00 18,802.00 0.00 0.00 0.00 E10058 Padre Youth Football New Restroorr 191,887.87 191,887.87 0.00 0.00 0.00 E10059 Sports Field Lighting Bond 2008 16,673.98 16,673.98 0.00 0.00 0.00 E10060 United Kickball New Restroom Bood 193,813.07 193,813.07 0.00 0.00 0.00 E10091 Bill Witt Park Restroom Facility 113.34 113.34 0.00 0.00 0.00 E10095 HEB Tennis Ctr Subsurface Investig 14,500.00 14,500.00 0.00 0.00 0.00 E10145 South Guth Park Scoreboard 858.75 858.75 0.00 0.00 0.00 E10146 South Guth Park Bleachers&Canor 858.75 858.75 0.00 0.00 0.00 tow' tip L PROPOSAL a a f- BARCOM C0111111ERCtAL, Inc. • (;I NI c niAriont f Proposal DATE 5-12-15 vim Proposal #16529 E-Mail: graziellam@cctexas.com TO: City of Corpus Christi— Engineering Department PROJECT: OSO Bay Playground Attn: Gracie Mesa pawl l ire 1201 Leopard St 1 Corpus Christi, TX 78401 for We propose to furnish labor and material to perform the following: Price to include: Furnish and install the following playground equipment included all associated concrete footings: • Landscape structure custom GRFC "Surfing Leaf'bench • Landscape structures custom designed modular play system #61869-1-3 and custom hill slides ciso • Not fault poured in place unitary rubber safety surfacing • No fault sports group"Ultra" series playground safety tiles • Install of custom "cattails" that were purchased by Reytec Price to exclude Note: please allow 16 weeks from NTP to mobilize and 45 days for construction TOTAL AMOUNT OF PROPOSAL: $313,640.38 Three Hundred Thirteen Thousand Six Hundred Forty and 38/100 ir. Respectfully submitted, BARCOM COMMERCIAL, INC. 9tebn McCom6 Justin McComb Project Manager JM This proposal is void if not accepted in writing 30 days after this date; however, when executed by both parties,it shall become the contract for the services described above. Signed: Date: 1rr 5826 BEAR LANE CORPUS CHRISTI,TEXAS 78405 TELEPHONE:(361)851-1000•FAX:(361)851-1717 tir. ‘vww.barcom.ec Preliminary Estimate, by estimates �� ('rmtitic n i:rl, 1nc Barcom Commercial Inc.-Justin McComb Barcom Commercial Inc. 2009 Corpus Christi,TX JOC-2009 Corpus Christi,TX JOC- First Option- 1/01/2010 to 12/31/2010 oso bay-16529 Estimator: Justin McComb oso bay Division Summary(MF04) 01 -General Requirements 26-Electrical 02.-Existing Conditions 27-Communications 03-Concrete 28-Electronic Safety and Security 04-Masonry 31 -Earthwork 05-Metals32-Exterior Improvements 06-Wood,Plastics,and Composites 33-Utilities 07-Thermal and Moisture Protection 34-Transportation 08-Openings 35-Waterway and Marine Transportation 09-Finishes41 -Material Processing and Handling Equipment 10-Specialties 44-Pollution Control Equipment _ 11 -Equipment _ _ 46-Waterand Wastewater Equipment 12-Furnishings 48-Electric Power Generation 13-Special ConstructionAlternates $266,565.0 0 14-Conveying Equipment Trades 21-Fire Suppression _.. _- Assemblies 2 _2-Plumbing FMR 23-Heating,Ventilating,and Air-Conditioning(HVAC) MF04 Total(Without totalling components) $266,565.00 Totalling Components Priced Line Items _ 2010 Corpus Christi JOC Nonpriced Multiphier (11.0000%) $29,322.15 RSMeans CORPUS CHRISTI,TX CCI 201501,84.30% 2010 Corpus Christi JOC Bond (2.5000%) $7,397.18 — —. . ___ ..... $10,356.05 2010 Corpus Christi JOC Priced Multiplier-(b_0000%) 2010 Corpus Christi JOC Permit (3.5000%) Nonpriced Line Items $266,565.00 2010 Corpus Christi JOC Permit Fee(E) Material, Labor,and Equipment Totals(No Totalling Components) Priced/Non-Priced Material: $193,839.00 Total Priced Items: 0 $0.00 Labor: $72,726.00 Total Non-Priced Items: 1 $266.565.00 100.00% Equipment: $0.00 Other: $0.00 1 $266,565.00 Laborhours: 0.00 Green Line Items:0 $0.00 Grand Total $313,640.38 Printed 12 MAY 2015 1:47PM v2.626 Page 1 of 3 oso bay-16529 __ A _..___J _. A .. _i __._I ___._l .. _..,J ,.-.;.1 ._ -,J �_ - I _, .J ... .J , j _. J , _J - J ..__ 1 _ _J Barcom Commercial Inc. Preliminary Estimate, by estimates Estimator: Justin McComb Totalling Component Details Description Item Count Applicable Amount Applied Amount Applied Result Balance Priced Line Items Included in Total:Yes Type:Total,Master Format Type:MF04 Values:Total Includes:Priced Filtering:(none) • RSMeans CORPUS CHRISTI,TX CCI 201501,84.30% - (15.7000)% Included In Total:Yes Type:RSMeans CCI(Project Level) RSMeans CORPUS CHRISTI,TX CCI 201501.84.30% Subtotal based on 1 items:Priced Line Items" 2010 Corpus Christi JOC Priced Multiplier 5.0000% Included in Total:Yes Type:Percentage Subtotal based on 2 items:'Priced Line Items","RSMeans CORPUS CHRISTI,TX CCI(Current)' Nonpriced Line Items 1 $266,565.00 $266,565.00 $266,565.00 Included in Total:Yes Type:Total.Master Format Type:MF04 Values:Total Includes:Non Priced Filtering:(none) 2010 Corpus Christi JOC Nonpriced Multiphier $266,565.00 11.0000% $29,322.15 $295,887.15 Included in Total:Yes Type:Percentage Subtotal based on 1 items:"Nonpriced Line Items" 2010 Corpus Christi JOC Bond $295,887.15 2.5000% $7,397.18 $303,284.33 Included in Total:Yes Type:Percentage Subtotal based on 5 items:'2010 Corpus Christi JOC Nonpriced Multiphier","2010 Corpus Christi JOC Priced Multiplier","Nonpriced Line Items',"Priced Line Items"."RSMeans CORPUS CHRISTI.TX CCI(Current)" 2010 Corpus Christi JOC Permit $295,887.15 3.5000% $10,356.05 $313,640.38 Included In Total:Yes Type:Percentage Subtotal based on 5 items:'2010 Corpus Christi JOC Nonpriced Multiphier,"2010 Corpus Christi JOC Priced Multiplier"."Nonpriced Line Items'.Priced Line Items","RSMeans CORPUS CHRISTI.TX CCI(Current)" 2010 Corpus Christi JOC Permit Fee $313,640.38 Included in Total:Yes Type:Amount(Estimate Level) Note: It appears that at least one of these totalling components is set to"Amount is at Estimate Level". This can cause some of the Project totalling components that share the same characteristics to have the appearance of not adding up correctly on this detailed report page. Printed 12 MAY 2015 1:47PM v2.626 Page 2 of 3 oso bay-16529 "-._ *--:J "64._ i _-1 1 —3 "..:11 _11 1 Barcom Commercial Inc. Preliminary Estimate, by estimates Estimator: Ron Taylor oso bay Item Description UM Quantity Unit Cost Total Book Alternates 1 11-68-13-10-0200-1 playground equipment EA 1.0000 $266.565.00 $266,565.00 CUSTOM N M.L. B custom play ground equipment as designed by RVI and previously approved by the city Alternates Total $266,565.00 Estimate Grand Total 313,640.38 Printed 12 MAY 2015 1:47PM v2.626 Page 3 of 3 oso bay-16529 9 00 61 13 PERFORMANCE BOND BOND NO. 106280115 Contractor as Principal Surety Name: Barcom Commercial.Inc. Name: Travelers Casualty and Surety Company of America Mailing address(principal place of business): Mailing address(principal place of business): 5826 Bear Lane Corpus Christi,TX 78405 4650 Westway Park Blvd. Houston,TX 77041 Physical address(principal place of business): Owner 4650 Westway Park Blvd. Name: City of Corpus Christi,Texas Houston,TX 77041 Mailing address(principal place of business): Capital Programs(Engineering Services) Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Connecticut Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): 281-606-8400 Large Job Order Contract RFP 2014-07 Prot.No.E15130(Parent Project#03380)Oso Bay Park Playground Equipment Telephone(for notice of claim): 267-675-3000 Local Agent for Surety Name: Southern American Insurance Agency,Inc. Award Date of the Contract: June 2.2015 Address: 13823 Schmidt Road Cypress,TX 77429 Contract Price: 5313.640.38 Bond Telephone: 281-890-9294 Email Address: alm@southernamericanins.com Date of Bond: June 26,2015 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 6113-1 Corpus Christi Standards—Large 1OC 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond.The condition of this obligation is such that if the Contractor as Prindpal faithfully perforins the Work required by the Contract then this obligation shall be null and void;otherwise the obligation Is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as fit were copied at length herein. Venue shall lie exclusively in Nueces County,Texas for any legal action. Contractor as Principal Barcom Construction,Inc. Surety Travelers Casualty and Surety Company of America Signature: ,B „ _ Aid._11,,,, Signature: FP Name: z R. Ho , A Name: C.A.McClure Title: , 4 , Title: Attomey in Fact Email Address: tJ o i n e QQ ticriM, Email Address: alm@southernamericanins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 Corpus Christi Standards—Large.ioC 7-8-2014 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 4111116. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 227687 CertiScate No. 0 0 6 2 3 3 7 8 9 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint C.A. McClure,Kelly J. Brooks,Kenneth L.Meyer,and Michelle Ulery of the City of Cypress ,State of Texas ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS HEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this. 12th W day of January 2015 - Farmington Casualty Company St.Paul Mercury Insurance Company • Fidelity and Guaranty Insurance Company Travelers Casualty.and Surety Company • - Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company t-4 0.N R rMs NO Suq wTYA,y� ASU (1 �..�....9 J 9 TY A ( ,' '�<` onY,N s 6p P�. ;P9 Ja` s PID OVORAF Qm19// - e 4RTFORD, 9 Z Ea � n • o f W CONH. n CONH. ? 1.,,„,,„:,:,,,898 n 1896 a i 1951 a ;SEAL jo WEAL/a- . o � o�Q. a �j, bc0 fy'•.... ! WEAL/II as at '1ipt,.......•�y 1 r,. �`' '�1•� *� eo ''�' `.,4 , lS.ANS 1r...._...;e d! ,„a r FtNbt" State of Connecticut By: AI, <a�� City of Hartford ss. • Robert L.Raney, enior Vice President On this the 12th day of January 2015 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. TTAA Q C My Commission expires the 30th day of June,2016. *!XpUBLO * Marie C.Tetreault,Notary Public 49, GIP . 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 26th day of June 2015 JfN� Kevin E.Hughes,Assistant Sec tary en ln.W/7 > 's i t ''c€' ?s.\. f+ o�,S81LLjs dC o o .A R"71:44 4 " AIN To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers'' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty &Surety Company of America,Travelers Casualty &Surety Company, Travelers Indemnity Company,Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower,Suite 2900 Philadelphia, PA 19102 (267)675-3000 (267)675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies,coverages, rights or complaints at.: Texas Department of Insurance P.O. Box 149104 Austin,TX 78714-9104 (800)252-3439 ATTACH TIM NOTICE TO YOUR BOND.This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021,Government Code,and Section 53.202, Property Code,effective September 1,2001. • 00 6116 PAYMENT BOND BOND NO. 106280115 Contractor as Principal Surety Name: earcom Commercial,Inc. Name: Travelers Casualty and Surety Company of America Mailing address(principal place of business): Mailing address(principal place of business): 5826 Bear Lane 4650 Westway Park Blvd. Corpus Christi.TX 78405 Houston,TX 77041 Physical address(principal place of business): Owner 4650 Westway Park Blvd. Name: City of Corpus Christi,Texas Houston,TX 77041 Mailing address(principal place of business): Capital Programs(Engineering Services) Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Connecticut Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Lange Job Order Contract RFP 2014-07 Telephone(main number): 281-606-8400 Prol.No.E15130(Parent Project 803380)Oso Bay Park Playground Equipment Telephone(for notice of claim): 267-675-3000 Local Agent for Surety Name: Southern American Insurance Agency,Inc. Award Date of the Contract: June 2.2015 Address: 13823 Schmidt Road Contract Price: 5313.640.38 Cypress,TX 77429 Telephone: 281-890-9294 Bond Email Address: alm@southernamericanins.com Date of Bond: June 26,2015 The address of the surety company to which any (Date of Bond cannot be earlier than Award Dote notice of claim should be sent may be obtained of Contract) from the Texas Dept.of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 6116-1 Corpus Christi Standards—Large 1OC 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Prindpal and Surety bind themselves,and their heirs, administrators,executors,successors and assigns,jointly and severally to this bond.The condition of this obligation is such that if the Contractor as Prindpal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County,Texas for any legal action. Contractor as Principal Barcom Commer ' I1 . . nc. Surety Travelers Casualty and Surety Company of America Signature: • J, n , pe�� LEA Signature: C� Name: /�(r,n e 1"`1. ND PPi Name: C.A.McClure Title: PJ t,p „J- Title: Attorney in Fact Email Address: e{a,A e barir)m• C C Email Address: alm@southernamericanins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 6116-2 Corpus Christi Standards—Large JOC 7-8-2014 , WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS/ J Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 227687 Certificate No. 0 0 6 2 3 3 7 8 8 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint C.A:McClure,Kelly J.Brooks,Kenneth L. Meyer,and Michelle Ulery of the City of Cypress ,State of Texas ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 12th day of January 2015 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St•,Paul Guardian Insurance Company S C O IE.Sri ., '+nn„`„,n” is.AMS ;4 '� d1 '„ _..•`, *)AtN .w ce i ., State of Connecticut By: / -: City of Hartford ss. Robert L.Raney, enior Vice President On this the 12th day of January 2015 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. i,c:Ter‘ In Witness Whereof,I hereunto set my hand and official seal. `*A e u." a ' My Commission expires the 30th day of June,2016. Cporno * Marie C.Tetreault,Notary Public + 491 C'TP 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 26th day of June 2015 Kevin E.Hughes,Assistant Sec tary 2 q1(j ,e , M1 l•F,. FIRE 6�y4,i \*�I NSG .•:Y tiSUq tr 4ry0 TY W/• ` O. \ 9.9: JPS 0"44)). Aft p ,F a e 9 4;19',:._. P s 5 �a C� � H� O %�" !/C�RV0114�! e,. ....1:, L 4� c 1982 0 1977 PoRATED.. 4 ti eF — e1'! 1W:,o''"44r4'7"Il l'-'..; ,� 1 �C a , 4^' z: :�_. HARTFOIU J'fN4iFONq j'� a N D > 'a' 1951 f " _ :SEAL n �'. o- W ` Q+ f ` :'��a 7� g =„9. i �-oa,F; g..S %+o na:SEAL.;D CONN r t COMP o� t896 ,�(, * �� •y., '`"�;r��:::,'. '.1S'.5t4b 04:......:�a y ac \•....v v d/1y1 do s ,a AIN To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers. IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty&Surety Company of America,Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower,Suite 2900 Philadelphia, PA 19102 (267)675-3000 (267)675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies,coverages,rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin,TX 78714-9104 (800) 252-3439 ATTACH TIIIS NOTICE TO YOUR BOND.This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021,Government Code, and Section 53.202,Property Code,effective September 1,2001. ifs IND j� 7 100 s. w PERFORMANCE BOND Nig Ir. 00 6113 PERFORMANCE BOND BOND NO. I` Contractor as Principal Surety Name: Barcom Commercial,Inc. Name: Mailing address(principal place of business): Mailing address(principal place of business): 5826 Bear Lane Corpus Christi,TX 78405 it Physical address(principal place of business): Owner bib Name: City of Corpus Christi,Texas r Mailing address(principal place of business): Capital Programs(Engineering Services) Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Contract Project name and number: Telephone (main number): Large Job Order Contract RFP 2014-07 Proj. No. E15130(Parent Project#03380)Oso Bay Park Playground Equipment Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: June 2,2015 Address: Contract Price: $313,640.38 Telephone: Bond Email Address: Date of Bond: The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 ilia ail r°< kit Performance Bond 00 6113-1 Corpus Christi Standards—Large JOC 7-8-2014 is r t iw Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves,and their heirs, administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety it Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION iw r I�r Performance Bond 00 61 13-2 Corpus Christi Standards—Large JOC 7-8-2014 r ' r ir ! g g ° gr -* tr) z 0 irk 00 6116 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Barcom Commercial, Inc. Name: Mailing address(principal place of business): Mailing address(principal place of business): 5826 Bear Lane Corpus Christi,TX 78405 r. Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas r' Mailing address(principal place of business): ht. Capital Programs(Engineering Services) Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Large Job Order Contract RFP 2014-07 Telephone (main number): Proi. No.E15130(Parent Project#03380)Oso Bay Park Playground Equipment Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: June 2,2015 Address: Contract Price: $313,640.38 Bond Telephone: Email Address: Date of Bond: The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 h Payment Bond Form 00 6116-1 Corpus Christi Standards—Large JOC 7-8-2014 r= , irr it Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) r W r,. sol END OF Iiir r anti ktirPayment Bond Form 00 61 16-2 Corpus Christi Standards-Large JOC 7-8-2014 irk frr ri 11a L ise DISCLOSURE STATEMENT l r SUPPLIER NUMBER { TO BE ASSIGNED BY CITY yr a ` PURCHASING DIVISION w`fCity of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Barcom Commercial, Inc. bit P.O.BOX: STREET ADDRESS: 5826 Bear Lane TATE Corpus Christi, TX ZIP: 78415 Mir FIRM IS: 1. Corporation ❑x 2. Partnership 3. Sole Owner 0 4. Association [] 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"fine. Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A Iwo 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." +a+ Name Board,Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" ire constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A !1w F- Ir. ire lt.t FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be Yr promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Elaine R. Hoffman Title: President (Type or Print) Signature of Certifying �' `` j ) Date: Person: b (0(Z.<rir ,f� 7 '1 .�! October 24, 2012 fig DEFINITIONS 1,11 a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. ins d. "Finn." Any entity operated for economic gain, whether professional,industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint ire stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. r- e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of r • Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. ACCORD DATE(MMIDD/YYYY) CCO CERTIFICATE OF LIABILITY INSURANCE 9/11/2014 I .THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERCONTACT NAME: Renee Terrell Swantner&Gordon Ins.AgencyIu� ti F„fp FAX _No):361-844-0101 A Higginbotham Company ! _ ___ E-MAIL rterrell@s-gins.com P.O.Box 870 ADDRESS: Corpus Christi TX 78403-0870 INSURER(S)AFFORDING COVERAGE NAIC Y SEP 1 2 2014 INSURER A:Valley Forge Insurance Company 20508 INSURED BARCO6INSURER1:Westchester Fire Insurance Company 21121 Barcom Construction,Inc. t INSURER C:Transportation Insurance Company 20494 Barcom Commercial,Inc. . INSURER D:Continental Casualty Company 20443 5826 Bear Lane Corpus Christi TX 78405 INSURER E:Travelers Property Casualty Co of A 25674 INSURER F: COVERAGES CERTIFICATE NUMBER: 135102592 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNsR ADDL"SUB POUCY EFF POUCY EXP LIMITS LTR TYPE OF INSURANCE / INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDYI PIYYY C x COMMERCIAL GENERAL LIABILITY / C4034064756 9/12/2014 9/12/2015 EACH OCCURRENCE 51,000.000 — DAMAGE TO CLAIMS MADE X OCCUR / PREMISES(aENTED Occurrence) 5100.000 MED EXP(My One person) 55.000 — PERSONAL&ADV INJURY 51,000.000 / GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 52,000.000 POLICY X LOC / PRODUCTS-COMP/OP AGO $2,000,000 OTHER: COMBINED SINGLE LIMIT S O AUTOMOBILE LIABILITY C4034064790 9/12/2014 9/12/2015 (Ea accident) $1,000,000 _ X ANY AUTO / BODILY INJURY(Per person) $ __ —_ AUTOS NED —SCCH EDULED BODILY INJURY(Per accident) S X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE 1 S - AUTOS (Per accident) S E X UMBRELLA UAB X OCCUR / ZUP91M1439A14NF 9/12/2014 9/12/2015 EACH OCCURRENCE $15,000,000 L EXCESS UAB CLAIMS-MADE / AGGREGATE $15,000,000 / DED X RETENTION 510.000/ S A WORKERS COMPENSATION C434064773 9/12/2014 9/12/2015 X PER OTH- AND EMPLOYERS'UABIUTY / YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE / E.L.EACH ACCIDENT 51,000.000 / OFFICER/MEMBER EXCLUDED? n Ni A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 51,000.000 dyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE.POLICY LIMIT S1,000.000 B Builders Risk 121081838003 10/12/2014 9/12/2015 Location 57,000,000 Occurrence 510,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached H more space Is required) Please see attached addendum for additional policy and coverage information. • See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Services Contract Administrator P.O.Box 9277 AUTHORIZED R PRESENTATIVE Corpus Christi TX 78469-9277 I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BARCO6 ' LOC#: AC D ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Swantner&Gordon Ins.Agency Barcom Construction, Inc. POLICY NUMBER Barcom Commercial, Inc. 5826 Bear Lane Corpus Christi TX 78405 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.(Contractor's General Liability Extension Endorsement G-18652-J 07/12). The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status.(Blanket Additional Insured-Owners,Lessees or Contractors-With Products-Completed Operations Coverage-Form G-140331-D 01/13). The General Liability policy includes a primary&non-contributory provision only when there is a written contract between the insured and certificate holder that requires such provision.(Blanket Additional Insured-Owners,Lessees or Contractors-With Products-Completed Operations Coverage-Form Form G-140331-D 01/13). The Auto Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.(Contractors Extended BA Plus Coverage Endorsement-Form CNA63359XX 04/12). The Auto Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status.(Texas Additional Insured- Form CA2048 02/99). The Workers'Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.(Texas Waiver of Our Right to Recover from Others Endorsement-Form WC 42 03 04 A 06/14). Executive Officers, David&Elaine Hoffman,are excluded under the Workers'Compensation policy.(Partners, Officers and Others Exclusion -Form WC420308 01/97). The Umbrella policy follows the terms,definitions,conditions&exclusions of the Scheduled Underlying General Liability,Auto Liability and Employers Liability Insurance.(Specialty Commercial Umbrella Liability Policy-Form S0001). Contractors Professional Liability and Pollution Incident Liability Policy info:Columbia Casualty, Policy#CZB288296539, 11/14/13-14 $1,000,000 Each Claim/$2,000,000 Aggregate. Contractors Professional Liability and Pollution Incident Liability Policy includes Waiver of Subrogation-Form G-130914 02/11. Employee Theft policy with Travelers Casualty&Surety Company of America, Policy#105677128,09/12/14-15,$1,000,000 Per Occurrence Limit. The Workers'Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium.(Texas Notice of Material Change Endorsement-Form WC 42 06 01 07/84). The General Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium.(Texas Changes-Amendment of Cancellation Provisions or Coverage Change-Form CG 02 05 12/04). The Auto policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium.(Texas Cancellation Provision or Coverage Change Endorsement-Form G300660A 06/08). The Builders Risk policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium.(Additional Interests Endorsement-Form ACE0467 05/09). RE:Master Agreement JOC-RFP 2012-02 / ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA JBLANKET ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS– WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract"per Paragraph A. below.) —i Locations of Covered Operations (As per the"written contract',provided the location is within the"coverage territory"of this Coverage Part.) A. Section ll-Who Is An Insured is amended to include as an additional insured: 1.Any person or organization whom you are required by"wr tten contract"to add as an additIonal insured on this Coverage Part;and 2.The particular person or organization, if any,scheduled above. B. The insurance provided to the additional Insured is limited as follows: 1, The person or organization is an additional insured only with respect to liability for'bodily Injury","property damage",or"personal and advertising injury"caused in whole or in part by: a. Your acts or omissions,or the acts or omissions of those acting on your behalf, in the per!ormance of your ongoing operations specified In the"written contract";or b. `Your work'hat is specified In the"written contract"but only for"bodily injury"or°property damage" included in the`products-completed operations hazard", and only if: (1)The"written contract°requires you to provide the additional Insured such coverage;and (2)This Coverage Part provides such coverage. 2. If the"written contract"specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010(aka CG 20 10 10 01),or via the 10/01 edition of CG2037(aka CG 20 3710 01),or via the 11/85 edition of CO2010(eka CG 20 10 11 86),then in paragraph B.1, above,the words'caused in whole or in part by'are replaced by the words'arising out of'. 3. We will not provide the additional insured any broader coverage or any higher lim't of insurance than: a. The maximum permitted by law; b. That required by the"written contract": c. That described In B.1.above;or d. That afforded to you under this policy, 7 whichever is less. G-140331-D(Ed.01/13) Policy No:04034064756 Page 1 Endorsement No: Effective Date: 09/1.2/13 Insured Name: Barcom Construction, Inc. 0 CNA At milts cetarved. /9104146 . CNA 4. Notwithstanding anything to the contrary in Condition 4.Other Insurance(Section IV),this insurance is excess of all other insurance available to the additional insured whether on a primary, excess,contingent or any other basis. But If required by the"written contract"to be primary and non-contributory,this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insjred. 5. The insurance provided to the additional insured coes not apply to"bodily injury","property damage",or "personal and advertising injury"arising out of: a. The rendering of,or the failure to render, any professional architectural, engineering,or surveying services,including: (1) The preparing,approving,or falling to prepare or approve maps,shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications;and (2) Supervisory, Inspection,architectural or engineering activities;or b. Any premises or work for which the additional insured is spociftcally listed as an additional insured on another endorsement attached to this Coverage Part, C. SECTION iV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as fol:ows: 1. The Duties in The Event of Occurrence,Offense,Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an"occurrence"or an offense which may result in a eta m or"suit"under this insurance, and of any claim or"suit"that does result; s (2) Except as provided in Paragraph B.4.of this endorsement,agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate wit',us in the investigation, defense,or settlement of the claim or"suit";and (4) Tender the defense and indemnity of any calm or"suit"to any other Insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the"written contract'requires this insurance to he primary and non-contributory,this provision(4)does not apply to insurance on which the additional Insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit". D. Only for tho purpose of the Insurance provided by this endorsement, SECTION V—DEFINITIONS is amended to add the following definition: "Written contract"means a written contract or wr'.tten agreement that requires you to make a person or • organization an additional Insured on this Coverage Part, provided the contract or agreement: 1. is currently in effect or becomes effective during the term of this policy; and 2.Was executed prior to: a.The"bodily injury"or"property damage`;or b The offense that caused the"personal and advertising inury", for which the additional insured seeks coverage under this Coverace Part. All other terms and conditions of the policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date Is shown below,and expires concurrently with said Policy. Material used with permission of ISO Properties, Inc G-140331-D(Ed.01/13) Policy No: • Page 2 Endorsement No: Effective Date: Insured Name: 4 CNA Ai Rights Reserved. • CNA CONTRACTORS'GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do rot apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage Is summarized below.For particulars and limitations affecting each coverage,please refor to the corresponding policy provisions in the body of this endorsement. 1. Additional insureds Seven additional insured extensions. 2. Bodily injury—Expanded Definition 3. Broad Knowledge of Occurrence/Notice of Occurrence - 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To"Your Product"And"Your Work" --- Limit:$100,000. 6. Contractual Liability—Railroads --Expanded definition of'insured contract". 7. Contractual Liability For Personal And Advertising Injury 8. Electronic Data Liability Loss of Electronic Data Limit:$100,000. 9. Expanded Personal And Advertising Injury-Discrimination Or Humiliation 10. Expected Or Intended Injury Reasonable force—"bodily injury'or"property damage". 11. General Aggregate Limits Of Insurance-Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies Coverage for your interest in such terminated or ended organizatiors. 15. Legal Liability/Alienated Promises/Borrowed Equipment Coverage Extended perils. Default limit increased to$600,000 for Damage to Premises Rented To You. $25,000 limit for'property damage"to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension • 18. Medical Payments Limits Increased to$15,000. Reporting increased to three years from the date of acc'dont. 19. Non-owned Aircraft Coverage 20. Non-owned Watercraft — increased to 75 feet. L 21. Primary And Non-Contributory To Other Insurance 22. Property Damage-Elevators 23. Supplementary Payments Cost of ball bonds increased:o$5,000. Daily loss of earnings increased to$1,000. • Unintentional Failure To Disclose Hazards r Waiver of Subrogation-Blanket 1 Waiver of subrogation where required by written contract or written agreement. 26. Wrap-Up Extension G-18652-J(Ed 07/12) Policy No: C4034064756 Page 1 Endorsement No: Effective Date: 09/12/13 Insured Name:Barconi Construction, Inc. ciaswieerf • 0 CNA Ali Rig Its tiosorvod. (NA 1. ADDITIONAL INSURED SECTION II—WHO iS AN INSURED Is amended to Include as an insured any person or organization(called additional Insured)described in paragraphs A.through G.below whom you are required to add as an additional insured on this policy under a written contract or written agreement,provided the written contract or written • agreement: I 1=Is currently in effect or becomes effective during the term of this policy;and Ii. Was executed prior to the"bodily injury,""property damage"or"personal injury and advertising injury"for which the additional insured seeks coverage. However,we will not provide the additional Insured any broader coverage or any higher limit of insurance than the least that is: a. The maximum permitted by law; b. Required in the written contract or written agreement; c. Afforded to you under this policy;or d. Described in the applicable paragraphs A.through E. below. A. Controlling Interest Any persons or organizations with a controlling Interest In you but only with respect to their liability arising out of: 1. Their financial control of you;or 2. Premises they own,maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations,new construction and demolition operations performed by or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but,only with respect to the co-owner's liability as co-owner of such premises. C. Lessor-Equipment 1. Any person or organization from whom you lease equipment,but only with respect to liability for"bodily injury',"property damage"or"personal and advertising injury"caused,in whole or In part,by your maintenance,operation or use of equipment leased to you by such person o"organization. 2. With respect to the insurance afforded to these additional insureds,this Insurance does not apply to any"occurrence'which takes place after the equipment lease expires. D. Lessor-Land An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership,maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions; This insurance does not apply to: 1. Any"occurrence"which takes place after you cease to lease that land;or 2. Structural alterations,new construction or demolition operations performed by br on behalf of such additional insured. E. Lessor-Premises A manager or lessor of premises but only with respect to liability arising out of he ownership,maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This Insurance does not apply to: G-18652)(Ed 07/12) Policy No: Page 2 Endorsement No: Effective Date: Insured Name: ®CNA All Rghls Reserved. i POLICY NUMBER: C4034064790 COMMERCJALAUTO t ,I CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following; BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identities person(s)or organizations)who are Insureds*under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided In the Coverage Form. This endorsement changes the policy effective on the Inception date of the policy unless another date is indicated below, Endorsement Effective: 09/12/12 Countersigned By: Named Insured: Barcom Conscruczion, Inc. 1111ed R-,resentative) SCHEDULE Name of Persons)or Orgentzation(s): ANY PERSON OR ORGANIZATION MICR IS / v REQUIRED TO SE NAMED AS A RESULT OF f g A WRITTEN CONTRACT WITH YOU S (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule Is an Insured"for Liability Coverage,but only to the extent that person or organization qualifies as an Insured"under the Who Is An Insured Provision contained In Section II of the Coverage Perm. 1 a'2M RR II elmIMMICA 20 480299 Copyright,insurance Services Office,Inc., i 99B Paget of 1 i t / / Barcom Construction, Inc. \/ Policy: C4034064790 Effect`_ve Date: 09112/13 a.' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided unser the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following Is added to Section II,Paragraph A.1.,Who is An insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the votirg stock on the date of inception of this Coverage Form;provided that, b. The Insurance afforded by this provision A.1.does not apply to any such entity that is an"insured" under any other liability"policy"providing"auto"coverage. 2. Any organization you newly acquire or form. other than a I mited liability company, partnership or joint venture,and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its incept on date, whichever is earlier. b. Does not apply to: (1) 'Bodily injury"or"property damage"caused by an"accident"that occurred before you acquired or formed the organization;or (2) Any such organization that is an Insured" under any other liability "policy" providing "auto" coverage. 3. Any person or orgarization that you are required by a written contract to name as an additional insured is an"insured"but only with respect to their legal liability for acts or omissions of a person,who qualifies as an"insured"under Section II-Who is An insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary anc non-contributory to insurance on which the additional insured is a Named Insured. 4. An"employee" of yours is an "insured" while operating an "auto" hired or rented under a contract o- agreement in that "employee's" name, with your permission, while performing duties related to the ' conduct of your business. "Policy,"as used in this provision A. Who Is An Insured, includes those policies that were in force on the Inception date of this Coverage Form but: 1. Which are no longer in force;or 2, Whose limits have been exhausted. B. Bali Bonds and Loss of Earnings Section II, Paragraphs A.2.(2)and A_2.(4)are revised as follows: 1. In a.(2),the limit for the cost of bail bonds is changed from$2,000 to$5,000;and 2. In a.(4),the limit for the loss of earnings is changed from$250 to$500 a day. C. Follow Employee /94111.10iE:A Section II,Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible Insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage—Hitting A Bird Or Animal—Falling Objects Or Missiles The following Is added to Section III,Paragraph A.3.: With respect to any covered "auto," any deductible shown In the Declarations will not apply to glass • breakage if such glass is repaired,in a manner acceptable to us,rather than replaced. B. Transportation Expenses Section III,Paragraph A.4.a.is revised,with respect to transportation expense Incurred by you,to provide: a. $80 per day, in lieu of$20;subject to b. $1,800 maximum,In lieu of$600. C. Loss of Use Expenses Section III,Paragraph A.4.b.Is revised,with respect to loss of use expenses Incurred by you,to provide: a. $1,000 maximum,in lieu of$500. D. Hired"Autos" The following Is added to Section III.Paragraph A.: 5. Hired"Autos" if Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos,then Physical Damage coverage Is extended to: a. Any covered"auto"you lease,hire,rent or borrow without a driver;and b. Any covered °auto" hired or rented by your "employee"without a driver, under a contract in that Individual"employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one"accident"or"loss"is the actual cash value, cost of repair,cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to"loss"caused by fire or lightning. d. The physical damage coverage as is provided by this provision Is equal to the physical damage coverage(s)provided on your owned"autos." e. Such physical damage coverage for hired"autos"will: • (1) Include loss of use, provided it is the consequence of an"accident"for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of$750 per°accident" E. Airbag Coverage The following is added to Section Ill,Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III,Paragraphs B.4.c and B.4.d.are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" :o any permanently installed electronic equipment including its antennas and other accessories. d. A$100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following Is added to Section III,Paragraph 0.6.: Subject to the following,the"diminution in value"exclusion does no:apply to: a. Any covered"auto"of the private passenger type you lease, hire, rent or borrow,without a driver for a period of 30 days or less,while performing duties related to the conduct of your business;and b. Any covered"auto"of the private passenger type hired or rented by your"employee°without a driver for a period of 30 days or less, under a contract in that Individual "employee's" name, with your permission,while performing duties related to the conduct of your business. • c. Such coverage as is provided by this provision is limited to a "diminution In value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs;or the installation of substandard parts. d. The most we will pay for°loss"to a covered"auto"in any one accident is the lesser of: (1) $5,000;or (2) 20%of the"auto's"actual cash value(ACV). _ 111. Drive Other Car Coverage—Executive Officers The following is added to Sections II and Ilii: 1. Any°auto"you don't own,hire or borrow Is a covered"auto"for Liability Coverage while being used by,and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An"auto"owned by that"executive officer"or a member of that person's household;or b. An °auto" used by that'executive officer"while working In a business of selling, servicing, repairing or parking"autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered"auto";and (2) Excess over any other collectible insurance. 2. For purposes of this provision,"executive officer"means a person holding any of the officer positions created by your charter,constitution, by-laws or any other similar governing Document, and, while a resident of the same household,includes that person's spouse. Such"executive officers"are"insureds"while using a covered"auto"described In this provision. • IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident,Claim,Suit Or Loss The following is added to Section IV,Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge,unless such°accident"or"loss"is known to you or if you are not an individual,to any of • • your executive officers or partners or your insurance manager. The following is added to Section IV,Paragraph A.2.b.: (6) Your"employees" may know of dccumonts received concerning a claim or"suit."This wil not mean • that you have such knowledge, unless receipt of such documents is known to you or if you are not an Individual,to any of your execetive officers or partners or your insurance manager. Transfer Of Rights Of Recovery Against Others To Us The following Is added to Section IV,Paragraph A.5.Transfer Of Rights Of Recovery Against Others To Us: . • We waive any right of recovery we may have, because of payments we make for injury or damage,against • any person or organization for whom or which you are required by written contract or agreement to obtain • this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an"accident'or"loss." C. Concealment,Misrepresentation or Fraud • The following is added to Section 1V,Paragraph B.2.: Your failure to disclose all hazards existing on the date of Inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not Intentional. D. Other insurance • The following Is added to Section IV,Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis.This provision is applicable only when required by a written contract. Thet written contract must have been entered Into prior to"Accident"or"Loss." E. Policy Period,Coverage Territory • Section IV,Paragraph B.7.(5).(a).is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V.Paragraph C.Is deleted and replaced by the following: "Bodily injury means bodily injury,sickness or disease sustained by a person, including mental anguish, mental Injury or death resulting from any of these. • • • • • Barcom Construction, Inc. POLICY NUMBER: C4034064736 COMMERCIAL GENERAL LIABILITY Effective Date: 09/12./13 C302051204 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. TEXAS CHANGES -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCT'S/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the Insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change 10: SCHEDULE 1.Name: seer schsdulo on filo' 2. Address: Cincalla-ion notification to the above entities will not apply to cancellation for non payment of premium '3. Number of davit advance not -=:03 0 Information required to complete th Schedu it not shown above,will be shown In the Declarations. 6 MiS EMet = /920.44: ems CG 02 061204 Copyright,ISO Properties,Inc.,2003 Page 1 of 1 i CNA G-30D860-A (Ed.06/08) THIS'ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES-NOTICE OF CANCELLATION OR MATERIAL CHANGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM , GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception data of the policy unless another date is indicated below: Endorsement Effective 09/12/13 Policy Number Cr034064790 iNamed Insured Barcom Construction, inc. Countersigned by ll f ;,17-.rrr-q:(tt, .:.: . In the event of cancellation or material change that reduces or restricts the ensu : ce afforded by this Coverage Part,we agree to mall prior written notice of cancellation or material change to: SCHEDULE 1.Number of days advance notice: 30 0) 1 2.Name: 30 DAY NOTICE OP CANCELLATION APPLIES 1 r. &Address: 1 TO PER LIST MAINTAINED ON FILE BY COMPANY MOM t ME M i amiirs cam 0.300800-A Page 1 of 1 (Ed.06108) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 4206 01 (Ed.7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because 'Texas Is shown In item G.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: 30 DAY NOTICE OF CANCELLATION APPLIES TO ALL ENTITIES ON LIST MAINTAIN= ON FILE BY COMPANY. S I r® tam This endorsement changes the policy to which II Is attached and to attentive on the date Issued unless otherwise stated. (TheN information below Is required only when this endorsement Is Issued subsequent to prepsreUon of the poky.) Endowment EtInctto 09/12/13 Poilcy No. W C4 34 064 7 73 andonmment No. ;� kwxed Barcom Cons L uct::i.or_, Inc. Premium$ Counlorsl nod by Insurance Cornpsny Mann AIM".7 WC 420601 (Ed 7-84) WORKERS COMPENSATION AND EMPLOYERS LIAt31LUTY INSURANCE POLICY WO 42 02 04 A (Ed.1-00) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown In Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an Injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule,but this waiver applies only with respect to bodily Injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown In the Schedule. Schedule 1. ( )Specific Waiver Name of person or organization (x)Blanket Waiver Any person or organization for whom the Named insured has agreed by written contract to furnish this waiver. 2. Operations:ALL TEXAS LOCATIONS AND OPERATION'S 3. Premium The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above porson(s)or organizations)arising out of the operations described. • 4. Advance Premium SEE SCND This endorsement changes the policy to which It to attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effeollve 0 91.12/13 Polley No. WC 4.3 4 0 64.7 7 3 Endorsement No, Insured 3arcom Cons t:cuct.i.on, Inc. Premium• $ insurance Company Countersigned by _ _ /707041. WC420304A (Ed 1-00)