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HomeMy WebLinkAboutC2015-108 - 9/9/2015 - NA ' 6:1(71 i>6-e- 2015-108 9/09115 SPECIAL PROVISIONS Haeber Rooting Company SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR HEALTH DEPT . EAST REAR RESTROOM / REPAIR WIC BUILDING ROOF (BOND 2012 ) J . 0 . C . - FOR DEPARTMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/82.6-3500 FAX: 361/826-3501 0 App i jil'`i f`; �A c,„).,, r -i �.L iJ. 4,10/'.. 312:. L•0. iA.,„F-;-',- ' '.. . A' 7 PROJECT NO: E12124 J F- DRAWING NO: PBG-787 I SPECIAL PROVISIONS [10 SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR [a HEALTH DEPT . EAST REAR RESTROOM / REPAIR WIC BUILDING ROOF (BOND 2012) J . O . C . FOR DEPARTMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/826-3500 FAX: 361/826-3501 L 4„ \\ ',--` e.,`` O NAI -\ x8j :s; r c �' J , *; „ co IAF�SOF 1� r_- IPROJECT NO: E12124 DRAWING NO: PBG-787 L HEALTH DEPT. EAST REAR RESTROOM / REPAIR WIC BUILDING ROOF PN: E12124 (Revised 6/27/99) Table of Contents 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. PART A - SPECIAL PROVISIONS A 1 Timc and Place of Receiving Proposals/Prc Bid Meeting Eir 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 A-9 Acknowledgment of Addenda A-10 Wage Rates A-11 Cooperation with Public Agencies A-12 Maintenance of Services A-13 Area Access and Traffic Control A 14 Construction Equipment Spillage and Tracking A 15 Excavation and Removals A-16 Disposal/Salvage of Materials A 17 Field Office NOT USED A-18 Schedule and Sequence of Construction A 19 Cons-truction Project Layout and Control A 20 Testing and Certification A 21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required A-24 Surety Bonds A 25 Sales Tax Exemption (NO LONCER APPLICABLE) (6/11/98) A-26 Supplemental Insurance Requirements A 27 Responsibility for Damage Claims (NOT USED) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents A 35 City Water Facilities Special Requirements (NOT USED) A-36 Other Submittals A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Certificate of Occupancy and Final Acceptance hr A-40 Amendment to Section B-8-6: Partial Estimates A-41 Ozone Advisory [10 A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings L A 46 Disposal of Highly Chlorinated Water (7/5/00) (NOT USED) - - - - - - - - - - - .. . - - -- A-48 Overhead Electrical Wires A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress A 51 Electronic Submittal of Bids (NOT USED) A-52 Value Engineering A-53 Dust Control A 54 Dcwatcring and Disposal (NOT USED) 11 PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART D FEDERALLY REQUIRED LANCUACE PART S - STANDARD SPECIFICATIONSji 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 511 PART T - TECHNICAL SPECIFICATIONS 022100T Select Material Sheet 1 of 1 025200T Subgrade Preparation Sheet 1 of 2 EXHIBITS 11 Sheet 1 of 5 - No Fault Safety Surface Sheet 1 of 4 - No Fault Safety Tile LIST OF DRAWINGS FROM PARENT PROJECT 3380 Sheet 1 of 185 Title Sheet Sheet 8 of 185 Project Alternates Sheet 52 of 185 Enlarged Layout and Grading Plan - C11 Sheet 53 of 185 Enlarged Layout and Grading Plan - D Sheet 61 of 185 Details Site Landscape Walls Sheet 62 of 185 Details Pond 11 Sheet 64 of 185 Details Playscape NOTICE AGREEMENT PROPOSAL PERFORMANCE BOND 1/PAYMENT BOND DISCLOSURE 11I L r 6 6 6 Irr NOTICE TO CONTRACTORS - A INS CE REQUIREMENTS NOTICE TO CONTRACTORS — A INSURANCE REQUIREMENTS Lel REVISED MARCH, 2009 [10 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE L 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations [11 3. Explosion and Collapse Hazard 4. Underground Hazards 5. Products/ Completed Operations $ 2, 000, 000 COMBINED SINGLE LIMIT Hazards 6. Contractual Liability 7. Broad Form Property Damage L 8. Independent Contractors 9. Personal Injury L AUTOMOBILE LIABILITY -- OWNED NON-OWNED OR RENTED $1, 000, 000 COMBINED SINGLE LIMIT WHICH COMLIES WITH THE TEXAS WORKERS' L WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500, 000 1'. EXCESS LIABILITY $1, 000, 000 COMBINED SINGLE LIMIT $2, 000, 000 COMBINED SINGLE LIMIT Li PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE. Not limited to sudden & accidental ❑ REQUIRED I'. discharge; to include long-term enviornmental impact for the disposal Q NOT REQUIRED of contaminants. L See Section b-6-11 and Supplemental Insurance requirements L. BUILDER'S RISK El REQUIRED ❑ NOT REQUIRED rie See Section b-6-11 and Supplemental Insurance requirements INSTALLATION RISK El REQUIRED Q NOT REQUIRED r r it PAGE 1 OF 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826-3500. 3 3 I ]I 11 a PAGE2OF2 C NOTICE TO CONTRACTORS - B r WORKER' S COMPENSATION INSURANCE REQUIREMENTS C C C C C r C L 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 Li (a) The following words and terms, when used in this rule, shall have the following 110 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. (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 10 the Texas Labor Code, §401.011 (44) . (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC- [0 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 (L- project until the work on the project has been completed and accepted by the [fir governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act) L. -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 ris "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. Page 1 of 8 II(8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. 3 (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 II 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. 11 (c) A governmental entity that enters into a building or construction contract on a project shall: II (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 the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; II (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 andII 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 31 (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 II 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; 11 Page 2 of 8 (4) obtain from each person providing services on a project, and provide to the governmental entity: [0 (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the he project and for one year thereafter; :0 (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify ['10 current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic rk'm (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; tO (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 r60 subsection (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 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 60 contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; [10 (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 [10 services on the project; and Page 3 of 8 L (H) contractually require each other person with whom it contracts, to perform as 11 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. 11 (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 theil 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: ll "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 the11 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: II (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; (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, 11 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 3 (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 I/ 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; II Page 4 of 8 (*0 (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: 110 (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and [10 (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 [-0 held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. in (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 [0 Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4 (j ) . (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406. 097 (c) , and who are explicitly excluded from coverage in accordance with the Act, §406.097 (a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20) . This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. L 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 L 6 Page 5 of 8 k T28S110. 110 (d) (7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers ' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing 3 labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers ' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " 3 3 3 3 3 3 3 3 Page 6 of 8 610 T28S110.110 (c) (7) La 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 hr services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person 's work on the project has been completed and accepted by the governmental entity. lePersons providing services on the project ("subcontractor" in §406. 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity [16 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. loE. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: L'm (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 he coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. LsF. 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 L. 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 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: 11 (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 II 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: 3 (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; II (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, II 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 :I (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 II of the contractor who will provide services on the project will be covered by workers ' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a II 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. ;I 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 Page 8 of 8 r r PART A �' SPECIAL PROVISIONS [0 HEALTH DEPT. EAST REAR RESTROOM / REPAIR WIC BUILDING ROOF PN: E12124 SECTION A - SPECIAL PROVISIONS A-1 Time and Placc of Rccciving Propo3alo/Prc Bid Meeting 10 Scaled proposals will be rcccivcd in conformity with thc official advcrtiscmcnt inviting bids for thc projcct. Proposals will bc rcccivcd in thc office of thc City Sccrctary, located on thc first floor of City Hall, 1201 Leopard Strcct, until 2:00 p.m. , ["0 k City of Corpus Christi City Sccrctary's Office 1201 Lcopard Strcct Corpus Christi, Texas 78401 ATTN: BID PROPOSAL N/A A prc bid mccting will bc held on INSERT DAY HERE, INSERT DATE HERE, beginning at INSERT LTIME HERE. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Strcct, Corpus Christi, TX. and will include a discussion of the projcct elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. r r Al-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern A-3 Description of Project The project consists of two separate buildings on the same site to receive roof repairs as indicated on the drawings. BID ITEM 1: The Health Department restroom roof is a partial roof area of the main building. Roof repairs consist of field and flashing repairs, additional sheet metal flashings and repairs to the cement plaster facade. BID ITEM 2: The existing WIC building roof contains a low slope metal roof panel system over a metal building structure. The roofing scope consists of covering the existing roof panels and retrofitting the roof with sub-structure framing, metal roof panels and trim for a complete weather-tight roof system. Insulation will be added in the cavity between the existing and roof panels. 10 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: =i• B•n•_ (Must rcfcrcncc Projcct Namc as idcntificd in thc Proposal) JOB ORDER CONTRACT (JOC) 2. Disclosure of Interests Statement 3. Submittal of Materials L Section 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 45 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 11 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, $300 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 Coverage11 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' 11 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 11 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. Such11 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 Faxcd Propo3al3 Proposals faxcd dircctly to the City will bc conoidcrcd non rcoponsivc. Proposals must 11 contain original signatures and guaranty and bc submitted in accordance with Section B 2 of the Cencral Provisions. A-9 Acknowledgment of Addenda 11 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 11 receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. Section A-SP II (revised 12/15/04) Page 2 of 22 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. LMinimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly Li wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or :10 subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all [10 laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. 10 The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content hi of the payroll submittals. ) [-0 One and one-half (1 ) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours. ) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the 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- i 800-828-5127. For the Contractor's convenience, the following telephone numbers are listed. C: , City Engineer 361-826-3500 Project Manager 361-826-3550, 826-3550 Traffic Engineering 880-3540 Ei Police Department 882-1911 Water Department 857-1881 (880-3140 after hours) Wastewater Department 857-1800 (880-3140 after hours) 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 t: 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 X11 Signal/Fiber Optic Locate 826-1946 857-1960 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) L ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512-935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 Section A-SP (revised 12/15/04) Ir 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 11 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 11 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. and are interfered with (i.e. broken, cut, etc. ) , existing sewers are encountered ) , 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. 11 A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to 11 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 through the City's Traffic Engineering Department. The Contractor shall secure the 11 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 Con3truction Equipment Spillage and Tracking The Contractor shall kccp thc adjoining strccts free of trackcd and/or spilled materials 11 going to or from thc construction ar a. Hand la__ uscd where necessary to kccp thcsc roadways cl ar of job rclatcd materials. Such work must bc completed without any increase in thc Contract price. 11 Streets and curb line must bc cleaned at thc cnd of thc work day or morc frcqucntly, if necessary, to prevent matcrial from washing into thc storm sewer system. No visible material that could bc washed into storm sewer is allowed to remain on thc Project site 11 or adjoining strccts. Section A-SP (revised 12/15/04) Page 4 of 22 C: A-15 Excavation and Rcmoval3 NOT USED The excavated ares behind curbs and adjacent to sidewalks and driveways must be filled 1: with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrctc and any other material that detracts from its appearance or hampers the growth of grass. L All existing concrctc 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. , dircct payment will be made to Contractor. .-l6 Disposal/Salvage of Materials NOT USED 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 li Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. co A-17 Ficld Officc NOT USED The Contractor must furnish the City Engineer or his representative with a field office et the construction site. The field office must contain at1 act 120square feet of --_ Liwith an inclined table that measures at least 30" x 60" and two (2) chairs. The L 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. Thcrc is no separate pay item for the field office. 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 IsEngineer 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. int 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the li first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. L LII L LSection A-SP (revised 12/15/04) IPage 5 of 22 A 19 Construction Project Layout and Control Thc drawings may dcpict but not ncccssary includc: lines, slopes, grades, sections, projcct of this naturc. thc City or Consultant Projcct Enginccr. Thc Contractor shall furnish all lines, slopes and mcasurcmcnts necessary for control of 11 thc work. • If, during construction, it is ncccssary to disturb or destroy a control point or bcnch mark, thc Contractor shall provide thc City or Consultant Project Engineer 48 hours noticc so that altcrnatc control points can bc established by thc City or Consultant marks damaged as a result of thc Contractor's ncgligcncc will bc restored by thc City or Consultant Project Enginccr at thc expense of the Contractor. 11 If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Enginccr prior to deviation. If, in the opinion of the City or Consultant Project Enginccr, the rcquircd deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as rcquircd for the City or Consultant Project Enginccr to revise the drawings. 11 The Contractor shall tic in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Enginccr may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. 11 The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S. ) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: - All curb returns at point of tangency/point of circumference 11 - Curb and gutter flow line both sides of street on a 200' interval; Street crowns on a 200' interval and at all intersections. Wastewater: - All rim/invert elevations at manholes; - All intersecting lines in manholes; - Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Water: 11 - All top of valves box; - Valves vaults rim; - Casing elevations (top of pipe and flow linc) (TXDOT and RR permits) . Stormwatcr: - All rim/invert elevations at manholes; - All intersecting lines in manholes; - Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Section A-SP 11 (revised 12/15/04) Page 6 of 22 A 20 Testing and Certification All tests required under this item mutt be done by a recognized testing laboratory /p" selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Pro1cct Signs 1; The Contractor must furnish and install 1 Project signs as indi ted on the following will be maintained throughout the Project period by the Contractor. The location of the La 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 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. Lb. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively it manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s) . (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s) . Section A-SP (revised 12/15/04) 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, 11 procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. 11 under MinorityBusiness Enterprise. d. Minority: See definition p e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals 11 a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation(Percent) 1/ 45% lai 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 11 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 . Compliance11 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 b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly 1110 payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as 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 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 10 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 la 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. " [0 Section A-SP (revised 12/15/04) Page 9 of 22 L A 25 Sales Tax Exemption (NOT USED) v ie B r 22- Tax Excmption Provision, is deleted in its entirety and thc following substitutcd in licu thereof. Contracts for improvements to real property awarded by thc City of Corpus Christi do not qualify for cxcmptions of Salcs, Excisc, and Use Taxes unless thc Contractor ciccts to 11 operatc undcr a scparatcd contract as dcfincd by Scction 3.291 of Chaptcr 3, Tax Administration of Title 34, Public Finance of the Texas Administrative Codc, or such other rules or regulations as may be promulgated by the Comptroller of Public Accounts 11 of Texas. 11 If thc Contractor elects to operatc under a separated contract, he shall: 2- Charges" in the proposal form the cost of materials physi ally incorporated into the Project. 4- Provide resale certificates to suppliers. ¢- Provide the City with copies of material invoices to substantiate the proposalji value of materials. If the Contractor docs not elect to operatc under a scparatcd contract, he must pay for 11 all Sales, Excise, and Use Taxes applicable to this Project. Subcontractors arc eligible for sales tax cxcmptions if the subcontractor also complies with the above requirements. The Contractor must issue a resale ccrtifi ate to the subcontractor and the subcontractor, in turn, issues a resale certificate to his supplier. ;11 A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 11 1. Name: City of Corpus Christi Department of Capital Programs Attn: Contract Administrator 2. Address: P.O. Box 927711 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. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. Section A-SP (revised 12/15/04) Page 10 of 22 For each insurance coverage provided in accordance with Section B 6 11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: (10 Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person 110 indemnified hereunder. r. A-27 Responsibility for Damage Claims NOT USED Paragraph (a) Ccncral Liability of Section B 6 11 of thc Ccncral Provisions is amcndcd to include: Contractor must provide Builder's Risk or Installation Floater insurance covcragc for thc term of thc Contract up to and including thc date thc City finally accepts -- • _ ' -- _ . = ilder'3 Risk or Installation Floater coverage must bc an "All Risk" form. Contractor must pay all costs necessary to procurc such Builder's Risk or Installation Floater insurance covcragc, including any deductible. The 110 covcragc. A-28 Considerations for Contract Award and Execution isTo allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. ha Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. I�rr 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 [10 amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also bc required to supply construction references and a financial [40 signed and dated by thc bidder's owner, president or othcr authorizcd party, specifying all currcnt assets and liabilities. L [ritSection A-SP (revised 12/15/04) Page 11 of 22 i A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures The superintendent shall be present, on the job site, at all times that work is 11 being performed 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. 11 Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. 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 1/ during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. - A 30 Amended "Consideration of Contract" Requirements 11 Under "General Provisions and Requirements for Municipal Construction Contracts" Scction B 3 1 Consideration of Contract add thc following text: I/ thc three (3) apparent lowest bidders (based on thc Base Bid only) must submit to thc City Engineer the following information: 1, A list of the major components of the work; 11 • Al list of the products to be incorporated into the Project; • Al schedule of values which specifics estimates of the cost for each major component of the work; 11 4— A schedule of anticipated monthly payments for the Project duration. • The names and addresses of MBE firms that will participate in the Contract, along 11 with a,description of the work and dollar amount for each firm; and contained herein. Similar substantiation will be required if the Contractor is an 11 MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must cl arly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. Section A-SP II (revised 12/15/04) Page 12 of 22 rit A list of subcontractors that will be working on the Projcct. This list may contain more than one subcontractor for major components of the work if the the work. The City Enginccr retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Enginccr of all of its subcontractors prior to beginning work on the Projcct. If the City Enginccr does not approve all proposed subcontractors, it may rescind the Contract award. substituted for orreplaced during the term of the Contract, then the City Enginccr retains the right to approve any substitute or replacement subcontractor prior to its participation in the Projcct Such approval will not be given if the 1: Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B 7 13; A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Enginccr at the pre construction conference; Documentation rcquircd pursuant to the Special Previsions A-28 and " 29 J Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. s, Documentation as rcquircd by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and State, i.e. , Tcxas (or other state) Corporation or contracts on behalf of __id _nt;ty. C: A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: t: 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 acknowledges that any change orders in an amount in excess of $25, 000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements ■It Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. Section A-SP (revised 12/15/04) [. Page 13 of 22 A-33 Conditions of Work 11 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. - ,id Mccting zeferrcd to in Epcci-al Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda 11 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 I/ 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. 11 it r Faci •t' 1 R • it q 3 (NOT USED) Visitor/Contractor Oricntation Prior to performing work at any City water facility, thc Contractor, his subcontractors, and ach of their employees must havc on thcir person a valid card ccrtifying thcir prior attendance at a Visitor/Contractor Safcty Oricntation Program conductcd by thc City Water Department Pcrsonncl. A Visitor/Contractor Safcty Orientation Program will be offered by authorizcd City Water Dcpartmcnt personnel for those persons who do not havc such a card, and who desire to perform any work within 1, 14, Operation of City Owned Equipment Thc 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- operatcd by an operator or othcr authorizcd maintcnancc employee of thc City Watcr Department. G- Protection of Water Ouality 1/ Thc City must dclivcr water of drinking quality to its customers at all timcs. Thc Contractor shall protcct thc quality of thc water in thc job 11 protcct thc quality of thc water. ■ Conformity with ANSI/NSF Standard 61 All materials and cquipmcnt used in thc repair, reassembly, transportation, reinstallation, and inspection of pumps, or any othcr items, which could come into contact with potable water, must conform to American National Standards Institute/National Sanitation Foundation11 (ANSI/NSF) Standard 61 as described in the Standard Specifications. Such materials include all solvents, cleaners, lubricants, gaskct3, thread compounds, coatings, or hydraulic equipment. These items must immediately-prier-te-ase- Section A-SP II (revised 12/15/04) Page 14 of 22 The Contractor shall providc thc Enginccr with copics of written proof of ANSI/NSF Standard 61 approval for all matcrials which could come into contact with potable watcr. H- Handling and Disposal of Trash All trash generated by thc Contractor or his cmployccs, agcnts, or subcontractors, must bc contained at all times at thc watcr facility site. Blowing trash will not bc allowed. The Contractor shall kccp work areas clean at all times and remove all trash daily. CONTRACTOR'S ON SITE PREPARATION ▪ Contractor's personncl must w ar-colored uniform overalls other than C— Contractor shallprovidctelephones for Contractor personncl. Plant H— Working hours will be 7 :00 A.M. to 5:00 P.M. , Monday thru Friday. L Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilities. -- All Contractor vehicles must be parked at dcsignatcd site, as designated by City Water Department staff. All Contractor vehicles must be el arly labeled with company name. No private employee vehicles arc allowed at 0. N. Stevens Water Tr atment Plant. All personnel must be in company vehicles. During working hours, contractor employees must not leave the designated construction arca nor wander through any buildings other than for rcquircd work or as directed by City Water Dcpartmcnt personnel during emergency evacuation. �4- Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACOUISITI Any work to the computer based monitoring and control system must be [11 performcd 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 spccificd or rcquircd by these specifications. The Contractor or his subcontractor proposing to perform the SCADA work [: must be able to demonstrate the following: } He is regularly cngagcd in the computer based monitoring and control system business, preferably as applied to the municipal water and wastewater industry. He has performcd work on systems of comparable size, type, and complexity as rcquircd in this Contract on at least three prior r projects. He has been actively cngagcd in the type of work specified herein for at least 5 years. He employs a Registered Professional Enginccr, a Control Systems Enginccr, or an Electrical Enginccr to supervise or perform the work rcquircd by this specifications. [: _s— He employs personnel on this Project who have successfully completed a manufacturer's training course in configuring and implementing the specific computers, RTUS's, and software proposed for the Contract. [: Section A-SP (revised 12/15/04) Page 15 of 22 facility within 400 mild rcpair, calibratc, and program thc systcms spccificd hcrcin. manufacturcr to thc maximum practical cxtcnt. Whcrc this is not practical, all cquipmcnt of a givcn typc will bc thc product of one manufacturer. -- Prior performancc at thc 0. N. Stcvcns Watcr Trcatmcnt Plant will bc uscd in evaluating which Contractor or subcontractor programs thc now work for this Projcct. rcquircd to show thc programming as needed and rcquircd, to add thcsc two systcms to thc cxisting City SCAD11system. Attachcd all changes madc during thc programming phase. Thc attached shcct is an cxamplc and is not intcndcd to show all of thc rcquircd .sheets. Thc Contractor will providc 11 p g q blocks uscd. Trcnchinq Rcquircmcnts I All trenching for this projcct at thc 0. N. Stcvcns Watcr Trcatmcnt Plant shall bc performed using a backhoc or hand digging duc to thc bc allowed on thc projcct. 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 11 City Engineer or his designated representative. b— Rcproduciblcs: In addition to thc rcquircd copies, the Contractor shall also submit one (1) rcproduciblc transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number (s) , and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite theI/ Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. 11 Section A-SP (revised 12/15/04) Page 16 of 22 I f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g• Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. Ls 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 [11 by City Engineer and clearly identify all changes made since previous submittal. j . Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED Under "General Provisions and Requirements for Municipal Construction Contracts", B-6- 15 Arrangement and Charge for Water Furnishcd by thc City, add thc following: "Thc Contractor must comply with thc City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (thc "Plan") . This include implementing water conservation m asurcs established for changing conditions. Thc City Engineer will provide a copy of thc Plan to Contractor at thc prc construction 1: meeting. Thc Contractor will kccp a copy of thc Plan on thc Project site throughout construction. " 1: A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this [: Special Provision. A 39 Certificate of Occupancy and Final 1: - acceptance of thc improvements undcrGeneral Provision B 8 5 A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the 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 11 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: 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 an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders 11 Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc. ) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. 11 (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 [rm A-•7 Pr - •n n t'on E •lor • E s va i• (7/5/00) NOT USED Lall existing pipclincs of the project that cross within 20 fcct of proposed pipclincs of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and arc within ten feet (10' ) of proposed pipelines of the project, Contractor shall cx avate and expose said exiting pipelines at a maximum of 300 feet O.C. and Contractor shall survey the accurate horizontal and Lvertical locations of said parallel pipelines at 300 feet maximum O.C. ['s C- ontractor shall then prepare a report and submit it to the Cityfor approval indicating PP _ the Owner of pipelines excavated and surveyed, as well as the approximate station Ili pipelines. E- ngineer and until Contractor receives Engineer's approval of rcport. Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair [11 -. until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A-48 Overhead Electrical Wires (7/5/00) C: Contractor shall comply with all OSHA safety requirements with regard to proximity of 1: construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc. , to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP and inform AEP of his construction :: schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. L A- -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 C: Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies L available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity. " [: L [11 Section A-SP (revised 12/15/04) LPage 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 suspensi6n 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 11 change order to the contract. " A-51 Elcctronic Submittal of Bid3 11 Thc following paragraph modifies Paragraph B 2 7 Prcparation of Proposal, of thc Ccncral Provisions: Thc bidder has thc option of submitting a computer gcncratcd print out, in licu of, the Proposal (SHEETS: 1 THRU 13 OF 13) , INCLUSIVE. The print out will list all bid items (including any additive or dcductivc alternates) contained on Proposal Sheets (3 THRU 10 11 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 Attachmcnt 1. In addition, the print out will contain the following statement and signature, after the last bid item: (Contractor) herewith certifies 11 that the unit prices shown on this print out for bid items (including any additive or dcductivc alternates) contained in this proposal arc the unit prices and no other Information from this print out. (Contractor) acknowledges and agrccs that the Total Bid Amount shown will be r ad as Its Total Bid and further agrccs 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) 11 (Title) (Date)" A-52 Value Engineering .11 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 11 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 project11 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 difficulties 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 II (revised 12/15/04) Page 20 of 22 11 A-53 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or 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 Di3pooal This item shall bc considered subsidiary to the appropriatc bid items wheredcwatcring is needed to keep the excavation dry, as approved by the Enginccr, and shall include all mud cntcring the pump suction and flow is pumped to a location that allows for sheet flow prior to cntcring a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an arca where ponding occurs naturally without leaving the designated work arca or by manmade berms prior to cntcring the storm water system. Sheet flow and ponding is to allow solids screening and or settling prior to cntcring a storm water conduit or inlet. Ly Storm water or groundwater shall not be discharged to private property without cxi3ting 3torm water 3y3tcm, provided that the quality of groundwater i3 equal to or bcttcr 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 shall coordinate with the City, on all testing. Test will also be performcd as coach new arca of construction is started. Another option for disposal of groundwater by the contractor would include pumping to C: then arest sanitary sewer system. If discharging to temporary holding tanks and shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Enginccr 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 Prc treatment Coordinator at 826 1817 to obtain a "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. Croundwater flow can be estimated by boring a hole or excavating a L: 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. L L Section A-SP (revised 12/15/04) Page 21 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: HEALTH DEPT. EAST REAR RESTROOM / REPAIR WIC BUILDING ROOF OWNER: CITY OF CORPUS CHRISTI, TEXAS ENGINEER: SNT CONTRACTOR: HAEBER ROOFING COMPANY SUBMITTAL DATE: - SUBMITTAL NUMBER: - APPLICABLE SPECIFICATION OF DRAWING SUBMITTAL I 3 I Section A-SP (revised 12/15/04) Page 22 of 22 PART B GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL C CONSTRUCTION CONTRACTS EIP [ISSECTION B GENERAL PROVISIONS AND REQUIREMENTS ill FOR MUNICIPAL CONSTRUCTION CONTRACTS Table of Contents L PAGE B-1 Definitions and Abbreviations B-1-1 Definition of Terms 1 B-1-2 Abbreviations 3 Li B-2 Proposal Requirements and Conditions B-2-1 Proposal Forms 4 B-2-2 Quantities in Proposal Forms 4 [11 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 B-2-6 Pre-Bid Conference 5 B-2-7 Preparation of Proposal 5 B-2-8 Proposal Guaranty 5 B-2-9 Filing of Proposal 5 B-2-10 Withdrawing Proposals 5 B-2-11 Cancellation of Bid Opening 6 10 B-2-12 Opening Proposals 6 B-2-13 Irregular Proposals 6 B-2-14 Rejection of Proposals 6 B-2-15 Disqualification of Bidders 6 LB-2-16 Disclosure of Interests 6 B-3 Award and Execution of Contract B-3-1 Consideration of Contract 7 ['l 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 [10 B-3-6 Failure to Execute Contract 8 B-4 Scope of Work B-4-1 Intent of Plans and Specifications 9 L 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 Lit B-4-6 Extra Work 11 B-5 Control of the Work and Materials B-5-1 Authority of the City Engineer 11 ['0 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 110 & 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 [11'0 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 13 110 B-5-13 Final Inspection 14 B-5-14 Warranty Inspection 14 TABLE OF CONTENTS/PAGE 1 OF 2 [0 (rev. Nov/94) 11 il B-6 Legal Relations and Public Responsibility B-6-1 Laws to be Observed 1411 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 1511 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 16ll 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 13-6-13 Public Utilities and Other Property to be Changed 1911 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 1911 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 2011 B-6-22 Tax Exemption Provisions 20 B-7 Prosecution and Progress B-7-1 Subletting the Work 21 II 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 11 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 11 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 11 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 11 11 TABLE OF CONTENTS/PAGE 2 OF 2 I/(rev. Nov/94) 1 LO L SECTION B GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS 10 CITY OF CORPUS CHRISTI, TEXAS B-1 DEFINITIONS AND ABBREVIATIONS: B-1-1 Definition of Terms: 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 1110 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 [01 contemplated or under contract. 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 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. r''-0 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. City Engineer: The Head of the Department of Engineering Services of the City of Corpus Christi, Texas. ['0 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. L 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. L (a) Calendar Day: A calendar day is defined as any day shown on the calendar beginning and ending at midnight. [-0 (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 [0 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. Lip (rev. Nov/94) PAGE 1 OF 28 I 11 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 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. 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 be11 made for lunch time taken. Contractor: The person, persons, partnership, company, firm, association, corporation, or joint venture entering into contract for the execution of the11 work, acting directly or through a duly authorized representative. 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. 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, shall include the following: January 1 (New Year's Day) July 4 (Independence Day) Thanksgiving Days 11 Memorial Day Labor Day Christmas Day 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 11 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 11 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 11 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 11 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. 11 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. (rev. Nov/94) I PAGE 2 OF 28 I L L Special Provisions: The special clauses setting forth conditions or requirements peculiar to the specific project involved, supplementing the L standard specifications, and taking precedence over any conditions or requirements of the standard specifications with which they are in conflict. Specifications: The directions, provisions, and requirements contained herein, IV 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, L equipment, and incidentals, to be performed by the Contractor under the terms of the contract. B-1-2 Abbreviations: [is 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 Li 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 Lili E. Cubic Yard Sq. Square Foot Ea. Ductile Iron St. Square Elev. Diameter Std. Street or Storm Exist. Drive or Driveway S.Y. Standard F. East T.C. Square yard LI F.L. Each Tel. Top of Curb Ft. or ' Elevation V.F. Telephone Gal. Existing W. Vertical Foot G.L. Fahrenheit W.U.T. West G.P.M. Flow Line Yd. Western Union [-Ill H.N.G. Feet Telegraph Gallon Yard Gutter Line Gallons per Minute Houston Natural Gas Co. L Metrics: cm Centimeter m Meter gm Gram mgm Milligram kgm Kilogram mm Millimeter iiikm Kilometer (rev. Nov/94) PAGE 3 OF 28 L 11 Other abbreviations that may appear shall have the meaning customarily intended in such usage, 11 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 11 location and description of the contemplated work, and which will contain an 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: 11 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. 11 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 for11 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, 11 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 that11 the bidder has made the examinations, investigations, and tests required herein. B-2-4 Forms, Plans and Specifications: 11 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 11 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: 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) 11 PAGE 4 OF 28 1110 [0 City Engineer. Such addenda will be mailed immediately to the address designated 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 16 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: [10The 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 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 [110 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: [0 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. :0 The bid securities of the unsuccessful bidders may be released within forty- 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 [0 to the time set for opening proposals. Request for non-consideration of (rev. Nov/94) PAGE 5 OF 28 s 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: The proposals filed with the City Secretary will be opened at the time stated !I 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 11 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 11 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. B-2-14 Rejection of Proposals: The City reserves the right to reject any or all proposals, and all proposals 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: 11 (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 following specific reasons: 11 (a) Reason for believing collusion exists among the bidders. (b) Reasonable grounds for believing that any bidder is interested in more11 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 1111 hinder the prompt completion of additional work if awarded. (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 28 6 6 1111 B-2-16 Disclosure of Interests: All entities desiring to do business with the City of Corpus Christi are 10 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 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: After 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. 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 6 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 `11 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. he B-3-3 Equal Opportunity Employer Provisions: Every Contractor must agree that during the performance of his contract he will: i1 (1) Treat all applicants and employees without discrimination as to race, color, religion, sex, or national origin. 611 (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 issuance of a work order to any such Contractor. A copy of this report shall be by 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 111 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. (rev. Nov/94) PAGE 7 OF 28 Irr 11 11 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 basis for cancellation of any contract for which a work order has been issued. B-3-4 Surety Bonds: 111 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 11 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 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 bonds11 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 11 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. 11 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 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 28 l r 6 The person or persons, partnership, company, firm, association, corporation, or joint venture to whom a contract is awarded shall, within ten (10) calendar days 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. 1111 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 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 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. INB-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 Tv 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, 110 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. 61 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 6 greater than five percent (5%) of the total contract cost computed on the basis of the proposal quantities and the contract unit prices. Li (rev. Nov/94) PAGE 9 OF 28 r (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 of1/ 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". B-4-4 Alteration of Plans and Specifications: 4]1 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: 11 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: (1) The present contract requirement and description of the proposal change including any modifications to the plans and specifications. (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, characteristics and/or performance of a component. (4) A separate detailed cost estimate comparing the cost of the existing 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 1/ existing requirement and the proposed change. (6) A projection of thelatest 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 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. (rev. Nov/94) PAGE 10 OF 28 [N 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 10 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 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 [k0 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. B-5 CONTROL OF THE WORK AND MATERIALS: 111 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 6 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 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 of same. He is authorized to call to the attention of the Contractor any 60 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 ascertaining whether or not the work performed was in accordance with the MO 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 MO 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 28 r 11 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. 1/ 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 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, the11 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 work11 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. B-5-5 Coordination of Plans, Specifications, Proposal and Special Provisions: The plans, general provisions, proposal, special provisions, standard1/ 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 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 plans and specifications, and the City Engineer shall be permitted to make such11 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. 3 B-5-6 Cooperation of Contractor: The Contractor will be supplied with three (3) copies of the plans and1/ 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 other11 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 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 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 28 L B-5-7 Construction Staking: 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 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 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: [0The 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 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. LI 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 10 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 rContractor shall furnish adequate samples without charge. 116 B-5-10 "Or Equal" Clause: All bids shall be based on the specified products. Where two or more products 1111 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 specified 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 6 guarantee. All such offers shall be made in writing to the Engineer after award of contract. 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. B-5-11 Storage of Materials: , IM (rev. Nov/94) PAGE 13 OF 28 L 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. 1/ B-5-12 Removal of Defective and Unauthorized Work: All work which has been rejected or condemned shall be repaired, or if it 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 11 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. I/ B-5-13 Final Inspection: The Engineer will make final inspection of all work included in the contract as1/ 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 his11 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. B-5-14 Warranty Inspection: Forty-five (45) to sixty (60) days prior to the expiration of the maintenance 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: 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 1/(rev. Nov/94) PAGE 14 OF 28 L of the work and shall observe and comply with all orders, laws, ordinances and 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. [10 8-6-2 Permits and Licenses: rirThe 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. 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 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. 10 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 IN 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 6 with. B-6-5 Public Convenience and Safety: 110 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 ['m 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 28 `r 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 Contractor1/ 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 case 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 from1/ 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. 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 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 clearly11 visible. B-6-6 Privileges of Contractor in Streets, Alleys and Right-of-Way: 11 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 equipment11 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. B-6-7 Railway Crossings: 11 Where the work encroaches upon any right-of-way of any railway, the City will 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 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: 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 pedestrian and vehicular traffic around the work and area of operations. Barricades, lights, signs and flagmen shall be utilized in accordance with the 11 Uniform Barricading Standards and Practices as adopted by the City. The Contractor shall be responsible for all damages to persons, property and the work occasioned by his operations and said responsibility shall not cease until the project has been accepted by the City. (rev. Nov/94) PAGE 16 OF 28 L 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 10 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 plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchmen at all times. 6 B-6-10 Protection and Restoration of Proffer y: 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 10 Contractor shall be responsible for all damage or injury to the property of any 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 10 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, 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 Contractor under his contract. B-6-11 Responsibility for Damage Claims: 1110 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 until all similar insurance required of the subcontractor(s) has been so 60 obtained. Within ten (10) calendar days after the date the City requests that the Lit 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, 10 other 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 [0 certificates in connection with this particular contract shall be delivered to the offices of the City Engineer. The Certificates of Insurance shall state that ten (10) days written notice will be given the City before any policy covered thereby is changed or canceled and shall shown 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 in the "Special Provisions" section of this contract. (rev. Nov/94) PAGE 17 OF 28 L 11 (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 this1/ provision; Broad Form Property Damage; Independent Contractors; and Personal Injury: MINIMUM INSURANCE COVERAGE 1/ Bodily Injury and Consequent Death $300,000 Per Person Bodily Injury and Consequent Death $500,000 Each Occurrence Property Damage $100,000 Each Occurrence (b) Automobile Liability - Owned, Nonowner or Rented: 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: 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 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: !I Minimum Insurance Coverage - $100, 000 Per Person (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 finally accepts the project or work. Builder's risk coverage shall be an "All 11 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, 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 28 L 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. 110 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 410 under this contract in the event of a known loss or claim presented to the Contractor by the City or a third party. Contractor agrees to indemnify, save harmless and defend the City, its 60 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 10 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: IPShould 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, 10 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, (110 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 10 he shall not be entitled to payment on account of such damage. B-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 contract for the purpose of making such changes or repairs of their property that LO 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. 100 B-6-14 Temporary Sewer and Drain Connections: 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 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 60 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) �z PAGE 19 OF 28 t f imp 11 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. I/ B-6-16 Use of Fire Hydrants: No person shall open, turn off, interfere with, attach any pipe or hose to, !I 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 Corpus Christi, Water Division Superintendent. 11 B-6-17 Use of a Section or Portion of the Work: 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 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 shall 11 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 these1/ 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. 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 or11 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 (rev. Nov/94) PAGE 20 OF 28 L r ha 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. B-6-21 Indemnification and Hold Harmless: 110 The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from an act or omission of the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or IP consultants, or the operations or activities of the Contractor or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. Le B-6-22 Tax Exemption Provision: Contracts awarded by the City of Corpus Christi qualify for exemption IV pursuant to the provision of Article 20.04 (H) of the Texas Limited Sales, Excise 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, 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 amended to be effective October 2, 1968. B-7 PROSECUTION AND PROGRESS: r r B-7-1 Subletting the Work: The Contractor shall perform with his own organization and with the 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 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 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 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 a qualified superintendent or other designated representative. toB-7-2 Assignment of Contract: 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 28 I/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: 3 Prior to beginning construction operations, the Contractor shall submit to 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 the work, this planned sequence and/or method must be revised, such revision shall be submitted in writing to the Engineer. 11 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. 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 the11 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, the3 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. 11 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 1/ 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 by (rev. Nov/94) PAGE 22 OF 28 L r i( the Engineer. Excepted from the preceding shall be the setting of flashers, 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 ,00 directed to the definition for contract time. B-7-7 Time of Commencement and Completion: to 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 to 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: [0 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 Li 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 10 of God, or the public enemy, acts of the owner, fires, floods, epidemics, 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 10 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 Wwork 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 hprosecution of the work due to the fault of the Contractor. B-7-9 Computation of Contract Time for Completion: lor 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 le 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 t correctness of the statement is filed within seven (7) days by the Contractor, 60 the statement will stand. Contract time shall be charged as described under the definition thereof. r hil B-7-10 Failure to Complete on Time: The time of completion is the essence of the contract. For each day L (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 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. 60 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 28 l 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: 1/ 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: The Engineer shall have the authority to suspend the work wholly or in part 11 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 authority11 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 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 the Contractor is insufficient to complete the work within the specified time. (c) Failure of the Contractor to provide sufficient and proper equipment1/ 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. (rev. Nov/94) A= PAGE 24 OF 28 f hs 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 is Contractor to discontinue, and may perform the same, or may, with the written 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 10 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 6 his default shall thereupon become due and payable to the sureties as the work 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 [110 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 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 ['s 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 110 Nothwithstanding 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: LI 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) PAGE 25 OF 28 L 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 11/ 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: 1/ 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, 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" 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 11 all other items not specifically mentioned that may be required to construct fully each item of the work complete in place. B-8-3 Scope of Payment: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, equipment and incidentals; for performing all work contemplated and embraced under the 1/ 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 1/ the prosecution of the work; for all expense incurred by or in consequence of 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 11 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 or11 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. The Engineer shall be the sole judge of such defects, imperfections or I/ 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 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. (rev. Nov/94) 1/ PAGE 26 OF 28 L r (c) By actual field cost of the work plus fifteen percent (15%) as described hereinbelow, 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 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, 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 66 accounts or actual field cost will be 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 €�M 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. 610 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. 66 B-8-5 Policy on Extra Work and Change Orders: The City Council of the City of Corpus Christi has adopted the following 6. 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: 60 (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. 60 (b) All change orders in involving an expenditure of $10,000.00 or more must be approved by the City Council. IP (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. 100 (e) The total amount of all change orders to a contract shall not exceed 25% of the original contract price. 1116 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 opinion, require such written change orders, in which event the Contractor will be so notified. B-8-6 Partial Estimates: (rev. Nov/94) PAGE 27 OF 28 L 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 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 be11 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 and111 providing for retainage of greater than five percent (5%) of the total estimate, 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: 1/ 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: 1/ 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 1/ 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: 11 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 ei 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 28 1 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: I10The 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 iw 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. r L F L L L L L IN L (rev. Nov/94) PAGE 29 OF 28 r L r L PART C hp. FEDERAL WAGE RATES AND REQUIREMENTS L TX342 General Decision Number: TX150342 04/24/2015 TX342 superseded General Decision Number: TX20140342 State: Texas Construction Type: Building to Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . 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. [11 Modification Number Publication Date 0 01/02/2015 1 03/06/2015 2 04/24/2015 to BOIL0074-003 01/01/2014 Rates Fringes bp BOILERMAKER $ 23.14 21.55 * ELECO278-002 08/31/2014 61. Rates Fringes ELECTRICIAN $ 24.30 3%+6.80 to ENGI0178-005 06/01/2014 to Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane $ 29.00 10.60 (2) Cranes with Pile los Driving or Caisson Attachment and Hydraulic Crane 60 tons and above $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under $ 27.50 10.60 IRON0084-011 06/15/2014 Rates Fringes to IRONWORKER, ORNAMENTAL $ 22.02 6.35 SUTX2014-068 07/21/2014 ioL 11 TX342 II Rates Fringes :/BRICKLAYER $ 20.04 0.00 CARPENTER $ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER $ 15.33 0.00 :1 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) $ 19.77 7.13 IRONWORKER, REINFORCING $ 12.27 0.00 IRONWORKER, STRUCTURAL $ 22.16 5.26 11 LABORER: Common or General $ 9.68 0.00 LABORER: Mason Tender - Brick $ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete $ 10.58 0.00 11 LABORER: Pipelayer $ 12.49 2.13 LABORER: Roof Tearoff $ 11.28 0.00 11 OPERATOR: Backhoe/Excavator/Trackhoe $ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 13.93 0.00 II OPERATOR: Bulldozer $ 18.29 1.31 OPERATOR: Drill $ 16.22 0.34 II OPERATOR: Forklift $ 14.83 0.00 OPERATOR: Grader/Blade $ 13.37 0.00 li OPERATOR: Loader $ 13.55 0.94 OPERATOR: Mechanic $ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.03 0.00II OPERATOR: Roller $ 12.70 0.00 PAINTER (Brush, Roller, and Spray) $ 14.45 0.00 il PIPEFITTER $ 25.80 8.55 PLUMBER $ 25.64 8.16 11 ROOFER $ 13.75 0.00 SHEET METAL WORKER (HVAC Duct ;I Installation Only) $ 22.73 7. 52 SHEET METAL WORKER, Excludes L L, Tx342 HVAC Duct Installation $ 21.13 6. 53 Ili TILE FINISHER $ 11.22 0.00 TILE SETTER $ 14.74 0.00 r TRUCK DRIVER: Dump Truck $ 12.39 1.18 il TRUCK DRIVER: Flatbed Truck $ 19.65 8. 57 f TRUCK DRIVER: Semi-Trailer 10. Truck $ 12.50 0.00 TRUCK DRIVER: Water Truck $ 12.00 4.11 II WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . w 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 LA (29CFR 5.5 (a) (1) (ii)) . 11, 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 i► 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 Li (weighted union average rate) . Union Rate Identifiers lio A four letter classification abbreviation identifier enclosed 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 of li 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 i's 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. hp Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. iii Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and L 11 TX342 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 all rates reported in the survey, it may include both union and mr 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 indicates11 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; however, 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 average rate. OH indicates the state. The next number, 0010 in 11 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 based. 1/ WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination • a survey underlying a wage determination11 • a wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests I/ for summaries of surveys, should be with the wage and Hour 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 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 process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction wage Determinations wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. L TX342 Washington, DC 20210 2.) if the answer to the question in 1.) is yes, then an i, 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. 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 64 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 . END OF GENERAL DECISION it tim lo L 60 L L r 6. r r PART T TECHNICAL SPECIFICATIONS L HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012) ION CITY OF CORPUS CHRISTI SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 PROJECT A. Project Name: Health Dept. East Rear Restroom Repair/Repair WIC Building Roof(Bond 2012), Project No. E12124. B. Owner's Name: City of Corpus Christi. C. City Inspection Representative(CIR): As designated by Owner. D. The project consists of two separate buildings on the same site to receive roof repairs as indicated on Drawings. BID ITEM 1: The Health Department restroom roof is a partial roof area of the main building. Roof repairs consist of field and flashings repairs, additional sheet metal flashings and repairs to the cement plaster facade. BID ITEM 2: The existing WIC Building roof contains a low slope metal roof panel system over a metal building structure. The roofing scope consists of covering the existing roof panels and retrofitting the roof with sub-structure framing, metal roof panels and trim for a complete weather-tight roof system. Insulation will be added in the cavity between the existing and roof it panels. 1.02 CONTRACT DESCRIPTION A. Contract Type: A single prime contract based on a Stipulated Price as described in Agreement. 1.03 PERMITS AND LICENSES A. The Contractor shall be responsible for the Commercial Building Master Permit and all other permits and licenses that may be required. 1.04 DESCRIPTION OF ALTERATIONS WORK A. Scope of demolition and removal work is shown on Drawings. B. Scope of new work is shown on Drawings. in 1.05 OWNER OCCUPANCY A. Owner intends to occupy the Project for conduct of normal business during the entire construction period. 1.06 CONTRACTOR USE OF SITE A. Arrange use of site to allow: 1. Occupancy of building by Owner. 2. Use of site by the public as directed. B. Provide access to and from site as required by law and by Owner: 1. Do not obstruct roadways, sidewalks, or other public ways without permit. C. Time Restrictions: 1. Not applicable. D. Utility Outages and Shutdown: 1. Prevent accidental disruption of utility services to adjacent facilities. PART 2 PRODUCTS-NOT USED PART 3 EXECUTION-NOT USED END OF SECTION 011000- 1 SNT Comm. No. 1307.03 City Project#E12124 10/13/2014 HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012) CITY OF CORPUS CHRISTI SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS w. PART 1 GENERAL 1.01 SECTION INCLUDES A. Building Permit Review. B. Preconstruction meeting. C. Construction progress schedule. D. Submittals for review, information, and project closeout. E. Number of copies of submittals. F. Submittal procedures. 1.02 RELATED REQUIREMENTS A. Owner's Special Provisions and General Provisions: Requirements for this Section, in addition to requirements herein. B. Section 01 10 00-Summary. C. Section 01 70 00-Execution Requirements: Additional coordination requirements; pre-installation meetings. D. Section 01 78 00-Closeout Submittals: Project record documents. 3 1.03 PROJECT COORDINATION A. Cooperate in allocation of mobilization areas of site; for access, traffic, and parking facilities. B. Comply with Owner's procedures for intra-project communications; submittals, reports and records, schedules, coordination drawings, and recommendations; and resolution of ambiguities and conflicts. C. Comply with instructions of the Owner for use of temporary utilities and construction facilities. D. Make the following types of submittals to CIR: 1. Requests for interpretation. 2. Requests for substitution. 3. Shop drawings, product data, and samples. 4. Test and inspection reports. 5. Design data. 6. Manufacturer's instructions and field reports. 7. Applications for payment and change order requests. 8. Progress schedules. 9. Coordination drawings. 10. Closeout submittals. 1.04 CITY'S INSPECTION REPRESENTATIVE AND ENGINEER'S SUBMITTAL REVIEW ACTION A. Submittals, such as Shop Drawings, Product Data and Samples are reviewed and approved for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Submittals shall not modify the Contract Documents. B. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract. C. It is contemplated that the CIR or Engineers(CIR/E)shall make no more than two submittal reviews of each transmitted submittal. If upon completion of the second submittal review by the CIR or Engineers,the submittal is not approved, the cost for performing additional submittal reviews by the design team shall be charged to and borne by the Contractor. 01 30 00- 1 SNT Comm. No. 1307.03 City Project#E12124 10/2/2014 HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI D. In accordance with the General Conditions, Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. E. Upon receipt of submittals requiring review, the CIR/E will review submittals and return them to the Contractor with results of the review indicated as follows: 1. APPROVED: Submittal has been reviewed for the limited purpose of checking for conformance information given and design concept expressed in the Contract Documents and no exceptions are taken; Contractor may proceed with work represented in submittal, provided no deviation to Contract Documents. 2. MAKE CORRECTIONS NOTED: RESUBMITTAL NOT REQUIRED: Submittal has been reviewed as stated above and certain exceptions are noted. Contractor may proceed with work represented in submittal, unless otherwise noted. 3. REJECTED; REVISE AND RESUBMIT: Submittal has been reviewed as stated in paragraph 1 above, Contractor may not proceed with work represented in submittal, and submittal is not acceptable for one of the following reasons: a. Not enough information is provided to make a determination. b. Submittal contains too many errors or omissions to make a determination. c. Information provided does not conform with the information given in the Contract Documents. 4. Revise submittal, incorporating exceptions noted, and resubmit to CIR/E until"Approved" status is given. PART 2 PRODUCTS-NOT USED PART 3 EXECUTION 3.01 BUILDING PERMIT REVIEW A. Contractor shall review with the CIR, the Drawings and Specifications and all other documents relating to the Building Permit issued by the authorities having jurisdiction and all notations, comments or exceptions record on any of these documents shall be resolved prior to start of construction. 3.02 PRECONSTRUCTION MEETING A. Owner will schedule a meeting after Notice of Award. big B. Attendance Required: 1. Owner. 2. City Inspection Representative(CIR). Iw 3. Architect. 4. Contractor. 5. Superintendent. 6. Major subcontractors. C. Agenda: 1. Distribution of Contract Documents. 2. Submission of list of Subcontractors, schedule of values, and progress schedule. 3. Designation of personnel representing the parties to Contract, and CIR. 4. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders,and Contract closeout procedures. 6 5. Scheduling. D. Contractor to record minutes and distribute copies within two days after meeting to participants, with one copy to CIR,Owner, participants, and those affected by decisions made. 3.03 CONSTRUCTION PROGRESS SCHEDULE iiwt A. Within 10 days after date established in Notice to Proceed, submit preliminary schedule defining planned operations for the first 60 days of Work. B. If preliminary schedule requires revision after review, submit revised schedule within 10 days. 013000-2 rG SNT Comm. No. 1307.03 • City Project#E12124 10/2/2014 Iva HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF (BOND 2012 CITY OF CORPUS CHRISTI C. Within 20 days after review of preliminary schedule, submit draft of proposed complete schedule for review. D. Within 10 days after joint review, submit complete schedule. E. Submit updated schedule with each Application for Payment. 3.04 SUBMITTALS FOR REVIEW 3 A. When the following are specified in individual sections, submit them for review: 1. Product data. 2. Shop drawings. 3 3. Samples for selection. 4. Samples for verification. B. Submit to CIR for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. C. Samples will be reviewed only for aesthetic, color, or finish selection. D. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article below and for record documents purposes described in Section 01 78 00-CLOSEOUT SUBMITTALS. 3.05 SUBMITTALS FOR INFORMATION A. When the following are specified in individual sections, submit them for information: 3 1. Design data. 2. Certificates. 3. Test reports. 4. Inspection reports. 5. Manufacturer's instructions. 6. Other types indicated. B. Submit for CIR's knowledge as contract administrator or for Owner. No action will be taken. 3.06 SUBMITTALS FOR PROJECT CLOSEOUT A. When the following are specified in individual sections, submit them at project closeout: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Other types as indicated. B. Submit for Owner's benefit during and after project completion. 3.07 NUMBER OF COPIES OF SUBMITTALS A. Documents for Review: 1. Small Size Sheets, Not Larger Than 8-1/2 x 11 inches: Submit the number of copies that Contractor requires, plus three copies that will be retained by CIR. 2. Larger Sheets, Not Larger Than 36 x 48 inches: Submit the number of opaque reproductions that Contractor requires, plus three copies that will be retained by CIR. 3. Quantities subject to change by Owner as requested. B. Documents for Information: Submit two copies. C. Documents for Project Closeout: Make one reproduction of submittal originally reviewed. Submit one extra of submittals for information. D. Samples: Submit the number specified in individual specification sections; one of which will be retained by CIR. 1. After review, produce duplicates. 2. Retained samples will not be returned to Contractor unless specifically so stated. 3.08 SUBMITTAL PROCEDURES A. Transmit each submittal with approved form. 01 30 00-3 SNT Comm. No. 1307.03 City Project#E12124 10/2/2014 HEALTH DEPT. EAST REAR RESTROOM REPAIR/ REPAIR WIC BUILDING ROOF (BOND 2012 CITY OF CORPUS CHRISTI B. Sequentially number the transmittal form. Revise submittals with original number and a sequential alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing and detail number, and specification section number, as appropriate on each copy. D. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. E. Deliver submittals to CIR at business address. F. Schedule submittals to expedite the Project, and coordinate submission of related items. G. For each submittal for review, allow 15 days excluding delivery time to and from the Contractor. H. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of the completed Work. I. Provide space for Contractor and CIR review stamps. J. When revised for resubmission, identify all changes made since previous submission. K. Refer to Paragraph 1.04C for submittal review limitations. L. Distribute reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. M. Submittals not requested will not be recognized or processed. END OF SECTION 013000-4 SNT Comm. No. 1307.03 City Project#E12124 10/2/2014 I 01 33 01 Submittal Register .____ Specification Paragraph �1'Kie ofubmi4=tais kequirew, a eCification Description ,,.., p ,,:. ,.5,� ,I.,.:-;, .rt,`,. , n r< Operations Section 4 � �:��. '"� "� �,i,.: <t` Data I 013000 Administrative Requirements Construction Progress Schedule 3.03 Shop Drawing None None 017000 Execution Requirements Project Record Documents 1.03 Shop Drawing None None 017800 Closeout Submittals 1.03 Shop Drawing None O&M Manual 070150 Maintenance of Membrane Roofing 1.03 Mastics 2.03.A Shop Drawing None None Reinforcing Membrane 2.03.8 Shop Drawing None None New Base Flashing Material 2.03.0 Shop Drawing None None Primers 2.03.0 Shop Drawing None None Fasteners 2.03 E Shop Drawing None None Sealant 2.03 F Shop Drawing None None Ceramic Ganules 2.03 G Shop Drawing None None Periite Cant Strips 2.03 H Shop Drawing None None 074113 Metal Roof Panels 1.06 Warranty 1.10 Shop Drawing None None Roof Panels 2.04 A Shop Drawing Sample None Flashing 2.05 B Shop Drawing None None Fasteners 2.05 C Shop Drawing None None Sealant 2.05 D Shop Drawing None None Insulation 2.05 G , Shop Drawing None None 076200 Sheet Metal Flashing and Trim 1.05 Sheet Metal 2.01 Shop Drawing Sample None Fasteners and Anchors 2.02.A Shop Drawing Sample None Sealant 2.02.D Shop Drawing , None None Plastic Cement 2.02.E Shop Drawing None None 079033 Joint Sealers 1.03 Joint Sealers 2.01.A Shop Drawing Sample None 133421 Structural Retrofit Roof Sub-Framing System 1.03 Sub-Purlins 2.02 A Shop Drawing Sample None , Fasteners 2.02 C Shop Drawing Sample None Submittal Register 0133 01-1 Museum of Science and History Roof Replacement(Bond 2012);E12120 07-03-2014 1 HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012) CITY OF CORPUS CHRISTI SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES A. Temporary utilities. B. Temporary telecommunications services. C. Temporary sanitary facilities. D. Temporary Controls: Barriers. E. Security requirements. F. Vehicular access and parking. G. Waste removal facilities and services. 1.02 RELATED REQUIREMENTS A. Owner's Special Provisions and General Provisions: Requirements for this Section, in addition to requirements herein. 1.03 TEMPORARY UTILITIES A. Provide for all temporary electrical power, lighting, and water required for construction activities. Owner will pay for costs of utility usage. 1.04 TELECOMMUNICATIONS SERVICES A. Provide, maintain, and pay for cellular telephone service at time of project mobilization. 1.05 TEMPORARY SANITARY FACILITIES A. Provide and maintain facilities at site. Provide at time of project mobilization. B. Maintain daily in clean and sanitary condition. C. At end of construction, return facilities to same or better condition as originally found. 1.06 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas, and to protect facilities and adjacent properties from damage from construction operations. B. Protect non-owned vehicular traffic, stored materials, site, and structures from damage. 1.07 SECURITY A. Provide security and facilities to protect Work from unauthorized entry,vandalism,or theft. 1.08 VEHICULAR ACCESS AND PARKING A. Coordinate access and haul routes with CIR. B. Provide and maintain access to fire hydrants, free of obstructions. C. Provide temporary parking areas to accommodate construction personnel. Site space is not adequate, provide additional off-site parking. 1.09 WASTE REMOVAL A. Provide waste removal facilities and services as required to maintain the project area in clean and orderly condition. B. Provide containers with lids. Remove trash from site periodically. C. If materials to be re-used on the project must be stored on-site, provide suitable non-combustible containers; locate containers holding flammable material outside the structure unless otherwise approved by the Owner. D. Open free-fall chutes are not permitted. Terminate closed chutes into appropriate containers with lids. 015000- 1 SNT Comm. No. 1307.03 City Project#E12124 10/10w2o14 I I HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI C. Install equipment and fittings plumb and level, neatly aligned with adjacent vertical and horizontal lines, unless otherwise indicated. D. Make consistent texture on surfaces,with seamless transitions, unless otherwise indicated. E. Make neat transitions between different surfaces, maintaining texture and appearance. 3.05 ALTERATIONS A. Drawings showing existing construction and utilities are based on casual field observation only. 1. Verify that construction and utility arrangements are as shown. 2. Report discrepancies to CIR before disturbing existing installation. 3. Beginning of alterations work constitutes acceptance of existing conditions. B. Remove existing work as indicated and as required to accomplish new work. 1. Remove items indicated on Drawings. ■ 2. Relocate items indicated on Drawings. 111 3. Where new surface finishes are to be applied, perform removals, patch, and prepare existing surfaces as required to receive new finish; remove existing finish if necessary for successful application of new finish. C. Protect existing structures and items to remain. 1. Prevent movement of structure; provide shoring and bracing if necessary. 2. Perform cutting to accomplish removals neatly and as specified for cutting new work. 3. Repair adjacent construction and finishes damaged during removal work. D. Adapt existing work to fit new work: Make as neat and smooth transition as possible. 1. When existing finished surfaces are cut so that a smooth transition with new work is not possible, terminate existing surface along a straight line at a natural line of division and make recommendation to CIR. 2. Where a change of plane of 1/4 inch or more occurs in existing work,submit recommendation for providing a smooth transition for CIR review and request instructions. E. Patching: Where the existing surface is not indicated to be refinished, patch to match the surface finish that existed prior to cutting. Where the surface is indicated to be refinished, patch so that the substrate is ready for the new finish. F. Remove demolition debris and abandoned items from alterations areas and dispose of off-site; do not burn or bury. G. Comply with all other applicable requirements of this section. 3.06 CUTTING AND PATCHING I A. Whenever possible, execute the work by methods that avoid cutting or patching. B. See Alterations article above for additional requirements. C. Employ skilled and experienced installer to perform cutting for weather exposed and moisture resistant elements, and sight exposed surfaces. D. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval. E. Restore work with new products in accordance with requirements of Contract Documents. F. Refinish surfaces to match adjacent finish. For continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit. G. Make neat transitions. Patch work to match adjacent work in texture and appearance. Where new work abuts or aligns with existing, perform a smooth and even transition. H. Patch or replace surfaces that are damaged, lifted, discolored, or showing other imperfections due to patching work. Repair substrate prior to patching finish. Finish patches to produce uniform finish and texture over entire area. When finish cannot be matched, refinish entire surface to nearest intersections. 01 70 00-3 SNT Comm. No. 1307.03 City Project#E12124 10/2/2014 r HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF (BOND 2012 CITY OF CORPUS CHRISTI 3.07 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, and other closed or remote spaces, prior to enclosing the space. C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust. D. Collect and remove waste materials, debris, and trash/rubbish from site periodically and dispose Min off-site; do not burn or bury. 3.08 PROTECTION OF INSTALLED WORK A. Protect installed work from damage by construction operations. B. Provide special protection where specified in individual specification sections. C. Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage. kor' D. Provide protective coverings at walls, projections,jambs, sills,and soffits of openings. E. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. F. Prohibit traffic over landscaped areas. G. Remove protective coverings when no longer needed; reuse or recycle plastic coverings if fair possible. 3.09 FINAL CLEANING A. Execute final cleaning prior to Substantial Completion. 1. Clean areas to be occupied by Owner prior to final completion before Owner occupancy. B. Use cleaning materials that are nonhazardous. C. Clean interior and exterior glass, surfaces exposed to view; remove temporary labels, stains l,, and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. D. Remove all labels that are not permanent. Do not paint or otherwise cover fire test labels or nameplates on mechanical and electrical equipment. E. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. F. Remove waste, surplus materials,trash/rubbish, and construction facilities from the site; dispose of in legal manner; do not burn or bury. 3.10 CLOSEOUT PROCEDURES A. Make submittals that are required by governing or other authorities. 1. Provide copies to CIR. B. Accompany CIR on preliminary inspection to determine items to be listed for completion or correction in Contractor's Notice of Substantial Completion. C. Notify CIR when work is considered ready for Substantial Completion. D. Submit written certification that Contract Documents have been reviewed,work has been inspected, and that work is complete in accordance with Contract Documents and ready for CIR's review. E. Owner will occupy all of the building as specified in Section 01 10 00. F. Contractor's Superintendent shall supervise the correction of work listed in executed Certificates of Substantial Completion and comply with requirements for access to Owner-occupied areas, until final acceptance. 017000-4 SNT Comm. No. 1307.03 City Project#E12124 10/2/2014 t tr. I HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF (BOND 2012 CITY OF CORPUS CHRISTI G. Contractor's Superintendent shall accompany CIR on preliminary final inspection. H. Contractor's Superintendent shall notify CIR when work is considered finally complete. I I. Complete items of work determined by CIR's final inspection. 3.11 MAINTENANCE A. Provide service and maintenance of components indicated in specification sections. B. Maintenance Period: As indicated in specification sections or, if not indicated, not less than one year from the Date of Substantial Completion or the length of the specified warranty,whichever is longer. C. Examine system components at a frequency consistent with reliable operation. Clean, adjust, and lubricate as required. D. Include systematic examination, adjustment, and lubrication of components. Repair or replace parts whenever required. Use parts produced by the manufacturer of the original component. E. Maintenance service shall not be assigned or transferred to any agent or subcontractor without prior written consent of the Owner. END OF SECTION 3 3 a 3 I I I I 1 017000-5 SNT Comm. No. 1307.03 II City Project#E12124 10/2/2014 L HEALTH DEPT. EAST REAR RESTROOM REPAIR I REPAIR WIC BUILDING ROOF (BOND 2012) CITY OF CORPUS CHRISTI SECTION 01 78 00 CLOSEOUT SUBMITTALS 164, PART 1 GENERAL 1.01 SECTION INCLUDES A. Project Record Documents. tr. B. Warranties. C. Asbestos Certification. 1.02 RELATED REQUIREMENTS A. Owner's Special Provisions and General Provisions: Requirements for this Section, in addition to requirements herein. B. Section 01 30 00-Administrative Requirements: Submittals procedures, shop drawings, product data, and samples. C. Section 01 70 00- Execution Requirements: Contract closeout procedures. D. Individual Product Sections: Specific requirements for operation and maintenance data. E. Individual Product Sections: Warranties required for specific products or Work. 1.03 SUBMITTALS A. Project Record Documents: Submit final documents to CIR with claim for final Application for Payment. B. Follow Section B, General Provisions Article B-8 and Section A Special Provisions, including requirements of this Section. C. Submit written certification that Contract Documents have been reviewed,Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for City Inspection Representative's(CIR) review. D. Provide submittals to CIR required by authorities having jurisdiction. 4. E. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. F. Contractor and sub-contractor payrolls must be up to date and final payrolls submitted, including weeks where work was not performed. G. Submit final affidavit from Contractor indicating all bills for labor, materials, equipment, etc. have been paid in full, signed by an officer of the company and notarized. Any exceptions should be listed where release of retainage are involved. (Attachment"A"at the end of this section) H. City Project Acceptance Procedures Checklist shall be executed. (Attachment"B"at the end of this section). All construction documentation requested must be submitted before final payment and acceptance of project. I. Contractor shall submit letter of compliance with MBE goals. This letter shall be submitted before the final payment and acceptance of project to illustrate that the intended MBE goals were achieved. J. Warranties: 1. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within 10 days after acceptance. 2. Make other submittals within 10 days after Date of Substantial Completion, prior to final Application for Payment. 3. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing the date of acceptance as the beginning of the warranty period. 01 78 00- 1 SNT Comm. No. 1307.03 City Project#E12124 10/2/2014 E HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI PART 2 PRODUCTS-NOT USED PART 3 EXECUTION 3.01 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. 6. Manufacturer's instruction for assembly, installation, and adjusting. B. Ensure entries are complete and accurate, enabling future reference by Owner. C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. E. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and modifications. F. Record Drawings and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 3. Field changes of dimension and detail. 4. Details not on original Contract drawings. G. Submit documents with each application for payment, for CIR's review. 3.02 WARRANTIES A. Obtain warranties, executed in duplicate by responsible Subcontractors, suppliers, and manufacturers,within 10 days after completion of the applicable item of work. Except for items put into use with Owner's permission, leave date of beginning of time of warranty until the Date of Substantial completion is determined. B. Verify that documents are in proper form,contain full information, and are notarized. C. Co-execute submittals when required. D. Retain warranties until time specified for submittal. E. Include originals of each in operation and maintenance manuals, indexed separately on Table of Contents. 3.03 ABESTOS CERTIFICATION A. Prior to final acceptance, Contractor and all sub-contractors shall submit a letter certifying that no asbestos-containing materials, lead-based paint or PCB's have been used or incorporated into the Work. END OF SECTION I 01 78 00-2 SNT Comm. No. 1307.03 City Project#E12124 10/2/2014 L AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF Personally appeared before me,the undersigned authority in and for said State and County, (Name/Title) of ire (Name of Company) which firm is hereinafter called "Contractor", who being duly sworn states on oath that he has personal knowledge of the following: 1. Contractor has paid in full all debts, obligations, and liabilitiesincludin , without ( g limitation, all debts, obligations, and liabilities for labor, materials, equipment or ha services, and for all local, state or federal taxes) which have been incurred by Contractor, or which are claimed by others to have been incurred by Contractor, or which have arisen in conjunction with work done, or labor, materials, equipment or services furnished by Contractor under contract with the City of Corpus Christi on the (Project Name) 2. This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Contractor by the City of Corpus Christi under the terms of said contract. In consideration therefor, Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the labor, materials. equipment or services referred to above. The above statements are made by (Name) of (Name of Company) individually and on behalf of the Contractor. (Name and Title) r. (Company name) Sworn to and subscribed before me on (Date). Notary Public State of Texas ATTACHMENT "A" Commission Expires I PROJECT ACCEPTANCE PROCEDURES CHECK LIST I Project Name/Number: Contractor: Inspector: Pre-Con Mtg. Date: Final Inspect. Date: (for City use.only) Date Initial (1) Final Inspection (Contractor shall have red lined set ready to submit to City with all corrections/ notes): (Name of Person attending&responsible) Contractor Inspector(city/consultant) A/E Consultant • Operating Dept. Rep. City Engineering Rep. Mfg. Rep. (If applicable) (2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector/Engineer verifies that all submittals, payrolls, Inspection Reports,As-Builts, O&M Manuals(in electronic format as required),SCADA documentation,and other Field Information are complete. (4) Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. (5) Final estimate reviewed by City Construction Engineer. TTACHMENT "B" Page 1 of 3 I 6 (6) City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form (attached) and this form (Project Acceptance Procedures Check List). (7) Final payment checklist: (a) Affidavit that all bills have been paid, "Waiver of Lien" (Name of Responsible Part) 6 (b) Submittal of all remaining payrolls (Name of Responsible Party) (c) Submittal of MBE letter on what Contractor has actually subcontracted through end of project (Name of Responsible Party) (d) If CDBG project,all federal(yellow)forms completed and submitted (Name of Responsible Party) (8) Final acceptance memo prepared by Administrative Asst. (9) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork (transfers, adjustments) 6 (10) Administrative Asst. submits to Director of Engineering Services/Operating Department Head for approval and forwarding to Asst. City Manager (11) Final acceptance memo returned from Asst. City Manager Li (12) Authorization for Payment (AFP) prepared and submitted to Accounting Department 6 ATTACHMENT "B" Page 2 of 3 Li 3 (13) Contractor receives final payment after City Council (if required) or Asst. City Manager accepts project (14) Administrative Asst. sends letter to Contractor informing him when one year warranty date begins. 3 I • I I I I 3 3 3 3 3 II ATTACHMENT "B" Page 3 of 3 L HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF (BOND 2012) CITY OF CORPUS CHRISTI SECTION 07 01 50 MAINTENANCE OF MEMBRANE ROOFING PART 1 GENERAL 1.01 SCOPE OF WORK A. The intent of this section is to describe miscellaneous repairs and maintenance. Designated areas of built-up roofing and flashing membrane shall be examined, repaired and/or maintained as specified or designated by the Owner, or their representatives. B. Maintenance& Repair Work: Includes the following as necessary at all roof areas not designated as currently under warranty. 1. Membrane blister repairs where indicated on original building roof. 2. Replacement of base flashing membrane system as detailed. 1.02 QUALITY ASSURANCE A. Installer Qualifications: An employer of workers trained and certified by manufacturer, including a full-time on-site supervisor with a minimum of five years'experience installing products comparable to those specified, able to communicate verbally with Contractor, CIR, and employees, and qualified by the manufacturer to install manufacturer's product and furnish warranty of type specified. B. Manufacturer Qualifications: Approved manufacturer listed in this Section, UL listed FM Approvals approved for roofing systems identical to that specified for this Project,with minimum five years'experience in manufacture of specified products in successful use in similar applications. 1. Approval of Comparable Products: Submit the following in accordance with project substitution requirements,within time allowed for substitution review: a. Product data, including certified independent test data indicating compliance with requirements. b. Project References: Minimum of five installations of specified products not less than five years old,with Owner and Architect contact information. 2. Substitutions following award of contract are not allowed except as stipulated in Section 01 60 00 General Requirements. 3. Approved manufacturers must meet separate requirements of Submittals Article. C. Pre-installation Roofing Conference: Conduct conference at Project site per 01 70 00. 1. , Meet with Owner, CIR, roofing Installer, roofing system manufacturer's representative, and installers whose work interfaces with or affects roofing, including installers of roof accessories and roof-mounted equipment. 2. Review methods and procedures related to roofing installation, including manufacturer's written instructions. 3. Review and finalize construction schedule and verify availability of materials, Installer's personnel,equipment, and facilities needed to make progress and avoid delays. 4. Examine deck substrate conditions and finishes for compliance with requirements, including flatness and fastening. 5. Review structural loading limitations of roof deck during and after roofing. 6. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs, and condition of other construction that will affect roofing system. 7. Review governing regulations and requirements for insurance and windstorm certificates if applicable. 8. Review temporary protection requirements for roofing system during and after installation. 9. Review roof observation and repair procedures after roofing installation. 1.03 SUBMITTALS A. Follow Section 01 30 00 for submittal procedures. B. Submit product data for all specified products and all other roofing components and accessories required for execution. 070150- 1 SNT Comm. No. 1307.03 City Project#E12124 10/10/2014 L I HEALTH DEPT. EAST REAR RESTROOM REPAIR/ REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI C. Submit a letter from the membrane manufacturer referencing the project by name indicating that the applicator is a currently approved roofing contractor. D. Submit a letter from the primary roofing manufacturer stating that the proposed application will comply with the manufacturer's requirements in order to qualify the project for the specified guarantee. E. Submit manufacturer's installation instructions. F. Submit draft copy of manufacturer's warranty to be provided for the system proposed to be installed. G. Submit material safety data sheets on a specified product, Form OSHA-20, as required by the Occupational Safety and Health Administration. 1.04 DELIVERY, STORAGE,AND HANDLING A. Deliver roofing materials to Project site in original containers with seals unbroken and labeled with manufacturer's name, product brand name and type, date of manufacture, approval or listing agency markings,and directions for storing and mixing with other components. B. Store liquid materials in their original undamaged containers in a clean,dry, protected location and within the temperature range required by roofing system manufacturer. Protect stored liquid material from direct sunlight. C. Discard and legally dispose of liquid material that cannot be applied within its stated shelf life. D. Protect roof insulation materials from physical damage and from deterioration by sunlight, moisture, soiling, and other sources. Store in a dry location. Comply with insulation manufacturer's written instructions for handling, storing, and protecting during installation. E. Handle and store roofing materials and place equipment in a manner to avoid permanent deflection of deck. 1.05 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit roofing system to be installed according to manufacturer's written instructions and warranty requirements. 1.06 WARRANTY A. Warranty, General: Warranties specified shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. B. Roof System Warranty, General: Warranties specified in this Section include the following components and systems specified in other sections supplied by the roofing system Manufacturer and installed by the roofing system Installer: 1. Sheet metal flashing and trim, including roof penetration flashings. 2. Shop fabricated and manufactured copings, roof edge, counterflashings, and reglets. 3. Roof and parapet expansion joint repair applications. C. Installer's Warranty: Submit roofing Installer's warranty, signed by Installer, covering the Work of this Section and related Sections indicated above, including all scoped components of built-up roofing such as built-up roofing membrane, base flashing, fasteners, coatings and repair products for the following warranty period: 1. Warranty Period: One year from date of Substantial Completion. PART 2 PRODUCTS 2.01 GENERAL A. No products containing asbestos shall be used. 07 01 50-2 SNT Comm. No. 1307.03 City Project#E12124 10/1o/2o14 L HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF (BOND 2012 CITY OF CORPUS CHRISTI 2.02 ACCEPTABLE MANUFACTURER A. Tremco, Inc. B. Substitutions: Follow Section 01 60 00-Product Requirements. 2.03 ROOFING MAINTENANCE& REPAIR PRODUCTS A. Mastics: 1. Base Flashings a. Elastomeric asphalt based mastic 1) POLYroof LV by Tremco. 2. Membrane Repairs a. Elastomeric asphalt mastic 1) POLYroof LV by Tremco. 3. Metal Flange a. Elastomeric asphalt mastic 1) POLYroof LV by Tremco. B. Reinforcing Membrane: 1. Vinyl coated woven glass mesh. a. Burmesh by Tremco. C. New Base Flashing Membrane: 1. Smooth Surfaced Base Flashing Membrane: a. High performance, modified bitumen coated trilaminate reinforced ply sheet. Exceeding ASTM D 4601-86, Type II. b. BURmastic Composite Ply HT by Tremco. 2. Mineral-Granule Surfaced Cap Sheet Membrane: a. High performance, high elongation, polyester reinforced granule surfaced modified bitumen membrane. b. POWERpIy HE FR by Tremco. 3. Asphalt Based Flashing Bitumen(Cold Adhesive): a. BURmastic Adhesive by Tremco. D. Primers: 1. Roof Membrane Coating: a. TREMprime WB Primer by Tremco. 2. Asphaltic Mastic Repairs: a. Tremprime QD Low-Odor by Tremco. E. Fasteners: 1. Flashing Reinforcing Sheet Fasteners for Wood/Plywood Substrates to Receive Flashing Coverage: Fasteners shall be approved by the manufacturer of the primary roofing products. Acceptable fasteners for specific substrate types are listed below. a. Wood/Plywood Substrates: 1) A 12 gauge, spiral or annular threaded shank,zinc coated steel roofing fastener having a minimum 1 inch head. (a) Square Cap by W.H. Maze Co.; Peru, IL (b) 12 Gauge Simplex Nail by the Simplex Nail and Manufacturing Co., Americus, GA F. Sealant: A moisture-curing, non-slump elastomeric sealant designed for roofing applications. The sealant shall be approved by the roof membrane manufacturer for use in conjunction with the roof membrane materials. G. Ceramic Granules: No. 11 grade specification ceramic granules of color scheme matching the granule surfacing of the finish ply,for broadcast into membrane side and end lap bleedout. H. Perlite Cant Strips: A cant strip composed of expanded volcanic minerals combined with waterproofing binders. The top surface shall be pre-treated with an asphalt based coating. The 070150-3 SNT Comm. No. 1307.03 City Project#E12124 10/10/2014 r HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI face of the cant shall have a nominal 4 inch dimension and a minimum thickness of 1-1/2 inches. PART 3 EXECUTION 3.01 GENERAL PREPARATION AND APPLICATION PROCEDURES A. Surfaces must be clean and smooth. Take care not to damage roofing felts. Broom surface and inspect.Wet and ponding areas must be dried. B. Use compatible mastics. 1. Asphalt mastics and elastomeric mastics for Asphalt roofing components. C. Asphalt surfaces, if specified, shall be primed with quick drying asphalt primer. Let primer dry 3 prior to application of mastics and adhesives. D. Remove all loosely bonded or failing material during substrate preparation. Re-secure with appropriate mechanical fastener where needed. E. Where felts are removed, replace with equal number of felts set in specified mastic. F. Upon completion of all repairs the surface of the patched area must be coated with aluminum roof coating or gravel surfacing depending on the surrounding roof area.Allow required curing time of new materials prior to coating. 3.02 MAINTENANCE& REPAIR PROCEDURES A. Blisters: 3 1. Cut"X"in blister. Extend cut to edge of un-adhered felts. 2. Remove debris, and dust from area extending at least 8 inches beyond perimeter of cut area. Assure that area is dry. 3. Fold membrane back and trowel elastomeric mastic into cut area and press membrane back into place. 4. Trowel a 1/8 inch application of elastomeric mastic over cuts, 6 inches wide. 5. Embed membrane repair plies into mastic and dry trowel. 6. Apply second application of elastomeric asphalt mastic to mesh. Cover membrane repair plies completely. 7. For granule surfaced roofs, apply membrane cap sheet as specified approximately 6 inches larger than the repair area in an application of elastomeric-mastic adhesive. B. Base Flashing Replacement: 1. Install new base flashing at areas where existing base flashing has been removed, and secure to substrates according to roofing system manufacturer's written instructions and as follows: a. Prime substrates with asphalt primer if required by roofing system manufacturer. b. Backer Sheet Application: 1) Adhere backer sheet to substrate in elastomeric asphalt mastic adhesive. c. Flashing Sheet Application: 1) Cut flashing membrane in lengths not to exceed 10 feet. 2) Adhere flashing sheet to substrate in elastomeric asphalt mastic adhesive per manufacturer's instructions. 3 3) Lap flashing membrane ends 4 inches, extend membrane 6 inches beyond toe of cant; press sheet firmly in place. Ensure complete bond and continuity without wrinkles or voids. 4) Adhere base flashing plies and flashing membrane to roof membrane with elastomeric asphalt or coal-tar pitch mastic adhesive. 5) Adhere laps with flashing bitumen. 6) Seal vertical laps of flashing membrane with reinforcing membrane embedded between alternate continuous courses of flashing bitumen. 7) Coat with specified coating. d. Base Flashing Height: 1) Not less than 8 inches, not higher than 12 inches above finished roofing surface. 07 01 50-4 SNT Comm. No. 1307.03 City Project#E12124 10/10/2014 I HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI e. Extend flashing up walls or parapets a minimum of 8 inches above roofing membrane and 4 inches onto field of roofing membrane. f. Mechanically fasten top of flashing securely at terminations and perimeter of roofing. 1) Seal top termination of base flashing. END OF SECTION L L I I L I I I I 070150-5 SNT Comm. No. 1307.03 City Project#E12124 10/10/2014 I I HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012) CITY OF CORPUS CHRISTI SECTION 07 41 13 METAL ROOF PANELS3 PART 1 GENERAL 1.01 SECTION INCLUDES A. Exposed fastener metal roof panels,with related metal trim and accessories. 3 1.02 RELATED REQUIREMENTS A. Section 07 62 00-Sheet Metal Flashing and Trim: For formed sheet metal copings,flashings, reglets, and roof drainage items in addition to items specified in this Section. 3 B. Section 07 90 33-Joint Sealers for field-applied joints sealants. C. Section 13 34 21 -Structural Retrofit Roof Sub-Framing System 1.03 REFERENCES A. American Architectural Manufacturer's Association(AAMA): www.aamanet.org: 1. AAMA 621 -Voluntary Specifications for High Performance Organic Coatings on Coil Coated Architectural Hot Dipped Galvanized(HDG)&Zinc-Aluminum Coated Steel Substrates. 2. AAMA 809.2-Voluntary Specification Non-Drying Sealants. B. American Society of Civil Engineers(ASCE): www,asce.org/codes-standards: 1. ASCE 7- Minimum Design Loads for Buildings and Other Structures. C. ASTM International(ASTM): www.astm.org: 1. ASTM A 653-Specification for Steel Sheet, Zinc-Coated (Galvanized)or Zinc-Iron Alloy-Coated (Galvannealed)by the Hot-Dip Process. 3 2. ASTM A 755-Specification for Steel Sheet, Metallic Coated by the Hot-Dip Process and Prepainted by the Coil-Coating Process for Exterior Exposed Building Products. 3. ASTM A 792/A 792M-Standard Specification for Steel Sheet, 55%Aluminum-Zinc Alloy-Coated by the Hot-Dip Process. 4. ASTM C 645-Specification for Nonstructural Steel Framing Members. 5. ASTM C 754-Specification for Installation of Steel Framing Members to Receive Screw-Attached Gypsum Panel Products. 6. ASTM C 920-Specification for Elastomeric Joint Sealants. 7. ASTM D 1003-Standard Test Method for Haze and Luminous Transmittance of Transparent Plastics. 8. ASTM D 2244-Test Method for Calculation of Color Differences from Instrumentally Measured Color Coordinates. 9. ASTM D 4214-Test Methods for Evaluating Degree of Chalking of Exterior Paint Films. 10. ASTM E 1646-Standard Test Method for Water Penetration of Exterior Metal Roof Panel Systems by Uniform Static Air Pressure Difference. 11. ASTM E 1680-Standard Test Method for Rate of Air Leakage Through Exterior Metal Roof Panel Systems. 12. ASTM E 1980-Practice for Calculating Solar Reflectance Index of Horizontal and Low-Sloped Opaque Surfaces. D. International Accreditation Service(IAS): 1. IAS AC 472-Accreditation Criteria for Inspection Programs for Manufacturers of Metal Building Systems, Part B. E. Underwriters Laboratories, Inc. (UL): www.ul.com: 1. UL 580-Tests for Uplift Resistance of Roof Assemblies F. Texas Department of Insurance Windstorm Inspection Program (TDI). 1.04 ADMINISTRATIVE REQUIREMENTS A. Follow Section 01 70 00-Pre-Installation Meetings. 074113- 1 SNT Comm. No. 1307.03 City Project#E12124 11/24/2014 3 L HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF (BOND 2012 CITY OF CORPUS CHRISTI B. Preinstallation Meeting: Prior to erection of framing, conduct preinstallation meeting at site attended by Owner,Architect, manufacturer's technical representative, inspection agency and related trade contractors. 1. Coordinate roof sub-framing in relation to metal panel system. 2. Coordinate openings and penetrations of metal panel system. 3. Coordinate work of roof accessories and manufacturer's accessories with installation of metal panels. 1.05 QUALITY ASSURANCE A. Manufacturer Qualifications: Approved manufacturer listed in this Section with minimum five years experience in manufacture of similar products in successful use in similar applications. B. Installer Qualifications: Experienced Installer with minimum of five years experience with successfully completed projects of a similar nature and scope. 1. Installer's Field Supervisor: Experienced mechanic, able to communicate with CIR, and installers, supervising work on site whenever work is underway. 1.06 SUBMITTALS A. Follow Section 01 30 00. B. Product Data: Manufacturer's data sheets for specified products. C. Shop Drawings: Show layouts of metal panels. Include details of each condition of installation, panel profiles,and attachment to building. Provide details at a minimum scale 1-1/2-inch per foot of edge conditions,joints, fastener and sealant placement, flashings, openings, penetrations, roof accessories, and special details. Make distinctions between factory and field assembled work. 1. Indicate points of supporting structure that must coordinate with metal panel system installation. 2. Include data indicating compliance with performance requirements. 3. Include structural data indicating compliance with requirements of authorities having jurisdiction. D. Samples for Initial Selection: For each exposed product specified including sealants. Provide representative color charts of manufacturer's full range of colors. E. Qualification Information: For Installer firm and Installer's field supervisor. F. Submit TDI Product Evaluation data as applicable for product installation, specifically mark applicable requirements for project. G. Manufacturer's Warranty: Sample copy of manufacturer's standard warranty. 1.07 CLOSEOUT SUBMITTALS A. Maintenance data. B. Manufacturer's Warranty: Executed copy of manufacturer's standard warranty. 1.08 DELIVERY, STORAGE,AND HANDLING A. Protect products of metal panel system during shipping, handling, and storage to prevent staining, denting, deterioration of components or other damage. Protect panels and trim bundles during shipping. 1. Deliver, unload, store, and erect metal panel system and accessory items without misshaping panels or exposing panels to surface damage from weather or construction operations. 2. Store in accordance with Manufacturer's written instructions. Provide wood collars for stacking and handling in the field. 1.09 COORDINATION A. Coordinate sizes, profiles, and locations of roof curbs and other roof-mounted equipment and roof penetrations, based upon sizes of actual selected equipment. 0741 13-2 SNT Comm. No. 1307.03 City Project#E12124 11/24/2014 L HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI 1.10 WARRANTY A. Manufacturer's Warranty: Provide on manufacturer's standard form, in which manufacturer agrees to repair or replace metal panel'(Galvalume Plus)assemblies that fail within 20 years from date of Substantial Completion. PART 2 PRODUCTS 2.01 MANUFACTURER A. Basis of Design Manufacturer: MBCI Metal Roof and Wall Systems, Division of NCI Group, Inc.; Houston TX.Tel: (877)713-6224; Email: info@mbci.com;Web:www.mbci.com. 3 B. Substitutions: Follow Section 01 60 00. 2.02 PERFORMANCE REQUIREMENTS A. General: Provide metal roof panel system meeting performance requirements as determined by application of specified tests by a qualified testing facility on manufacturer's standard assemblies. B. Thermal Movements: Allow for thermal movements from variations in both ambient and internal temperatures. Accommodate movement of support structure caused by thermal expansion and contraction. Allow for deflection and design for thermal stresses caused by temperature C. Structural Performance: Provide metal panel assemblies capable of withstanding the effects of indicated loads and stresses within limits and under conditions indicated: 3 1. Wind Loads: Determine loads based on uniform pressure, importance factor, exposure category, and basic wind speed indicated on Drawings. 2. Deflection Limits: Withstand inward and outward wind-load design pressures in accordance with pressures indicated on Drawings. D. TDI windstorm requirements as referenced. E. Air Infiltration: ASTM E 1680: Maximum 0.006 cfm/sq. ft. at 6.24 lbf/sq.ft. static-air-pressure difference. F. Water Penetration: ASTM E 1646: No uncontrolled water penetration at a static pressure of 20 lbf/sq. ft. 2.03 METAL PANEL MATERIALS A. Aluminum-Zinc Alloy-Coated Steel Sheet: ASTM A 792/A 792M, structural quality, Grade 50, Coating Class AZ55, unpainted Galvalume Plus coating. 2.04 METAL ROOF PANELS 3 A. Large Tapered-Rib-Profile, Exposed Fastener Metal Roof Panels: Structural metal roof panel consisting of formed metal sheet with trapezoidal major ribs with intermediate stiffening ribs symmetrically placed between major ribs, installed by lapping edges of adjacent panels. 1. Basis of Design: MBCI, PBR Panel, www.mbci.com/pbr.html. 2. Coverage Width: 36 inches. 3. Major Rib Spacing: 12 inches on center. 4. Rib Height: 1-1/4 inch. 5. Nominal Coated Thickness: 0.022 inch/26 gage. 6. Panel Surface: Smooth. 7. Exterior Finish: Unpainted exposed Galvalume Plus coating. 2.05 METAL ROOF PANEL ACCESSORIES A. General: Provide complete metal roof panel assembly incorporating ridge, eave, rake, valley, and parapet trims,copings,fascias, gutters and downspouts, and miscellaneous flashings, in manufacturer's standard profiles. Provide required fasteners, closure strips, support plates, and sealants as indicated in manufacturer's written instructions. B. Flashing and Trim: Match material, and finish of metal panel face sheet, except 24 gage, minimum. 1 074113-3 SNT Comm. No. 1307.03 City Project#E12124 11/24/2014 I HEALTH DEPT. EAST REAR RESTROOM REPAIR I REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI C. Panel Fasteners: Self-tapping screws and other acceptable fasteners recommended by roof panel manufacturer. 1. Exposed Fasteners: Long life fasteners with EPDM or neoprene gaskets, with heads matching color of metal panels by means of factory-applied coating. D. Joint Sealers: Manufacturer's standard or recommended liquid and preformed sealers and tapes, and as follows: 1. Tape Sealers: Manufacturer's standard non-curing butyl tape,AAMA 809.2. 2. Concealed Joint Sealant: Non-curing butyl,AAMA 809.2. 3. Exposed Joint Sealants: Urethane, single component,ASTM C 920. E. Steel Sheet Miscellaneous Framing Components: ASTM C 645,with ASTM A 653/A 653M, G60 hot-dip galvanized zinc coating. F. Roof Accessories: Approved by metal roof panel manufacturer, preformed flashing sleeves. G. Batt Insulation: 1-1/2"thick, unfaced, R-6.0, 24"x 48" batts, ASTM C665,Type 1, Johns Manville INSUL-SHIELD 100. 2.06 FABRICATION A. General: Provide factory fabricated and finished metal panels and accessories meeting performance requirements, indicated profiles, and structural requirements. B. Panel Lengths: Form panels in continuous lengths for full length of detailed runs, except where otherwise indicated on approved shop drawings. C. Sheet Metal Flashing and Trim: Fabricate flashing and trim to comply with manufacturer's written instructions, approved shop drawings, and project drawings. Form from materials matching metal panel substrate and finish. PART 3 EXECUTION 3.01 EXAMINATION A. Examine metal panel system substrate and supports with Installer present. Inspect for erection tolerances and other conditions that would adversely affect installation of metal panel installation. 1. Inspect metal panel support substrate to determine if support components are installed as indicated on approved shop drawings. Confirm presence of acceptable supports at recommended spacing to match installation requirements of metal panels. 2. Panel Support Tolerances: Confirm that panel supports are within tolerances acceptable to metal panel system manufacturer but not greater than the following: a. 1/4 inch in 20 foot in any direction. b. 3/8 inch over any single roof plane. B. Correct out-of-tolerance work and other deficient conditions prior to proceeding with metal roof panel system installation. 3.02 PREPARATION A. Miscellaneous Supports: Install subframing, girts, furring, and other miscellaneous panel support members according to ASTM C 754 and manufacturer's written instructions. B. Flashings: Install flashings to cover exposed underlayment per Section 07 62 00. 3.03 METAL PANEL INSTALLATION A. Exposed Fastener Metal Roof Panels: Install weathertight metal panel system in accordance with manufacturer's written instructions, approved shop drawings, and project drawings. Install metal roof panels in orientation, sizes, and locations indicated,free of waves,warps, buckles, fastening stresses, and distortions. Anchor panels and other components securely in place. Provide for thermal and structural movement. B. Panel Sealants: Install manufacturer's recommended tape sealant at panel sidelaps and endlaps. 0741 13-4 SNT Comm. No. 1307.03 City Project#E12124 11/24Qo14 HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF (BOND 2012 3 CITY OF CORPUS CHRISTI C. Panel Fastening: Attach panels to supports using screws, fasteners,and sealants recommended by manufacturer and indicated on approved shop drawings. 1. Fasten metal panels to supports at each location indicated on approved shop drawings, with spacing and fasteners recommended by manufacturer. 2. Provide weatherproof jacks for pipe and conduit penetrating metal panels of types recommended by manufacturer. 3. Dissimilar Materials: Where elements of metal panel system will come into contact with dissimilar materials,treat faces and edges in contact with dissimilar materials as recommended by manufacturer. D. Follow manufacturer's recommendations for use of screw gun type and screw gun speed range for panel installation. E. Field cutting of panels shall be avoided where possible. If field cutting is required, the panels shall be cut with nibblers, snips or shears to prevent edge rusting. Do not cut panels with saws, abrasive blades, grinders, or torches. All metal shavings shall be removed from panel surfaces immediately. Report any corrosion markings on panel surfaces to CIR. Replace or repair damaged panel(s)as directed by CIR. 3.04 ACCESSORY INSTALLATION A. General: Install metal panel trim,flashing, and accessories using recommended fasteners and joint sealers,with positive anchorage to building, and with weather tight mounting. Coordinate installation with flashings and other components. 1. Install components required for a complete metal panel assembly, including trim, copings, flashings, sealants, closure strips, and similar items. 2. Comply with details of assemblies utilized to establish compliance with performance requirements and manufacturer's written installation instructions. 3. Set units true to line and level as indicated. Install work with laps,joints, and seams that will be permanently weather resistant. B. Joint Sealers: Install joint sealers where indicated and where required for weathertight performance of metal panel assemblies, in accordance with manufacturer's written instructions. 1. Prepare joints and apply sealants per requirements of Section 07 90 33. C. Fiberous Batt Insulation: Install un-faced insulation batts in space between original sheet metal3 roof panels and new sheet metal roof panels. Cut and fit insulation to fit tightly with full coverage inbetween retro-fit roof purlins. Do not install insulation over top of retro-fit purlins. 3.05 CLEANING AND PROTECTION A. Remove temporary protective films immediately in accordance with metal roof panel manufacturer's instructions. Clean finished surfaces as recommended by metal roof panel manufacturer. B. Replace damaged panels and accessories that cannot be repaired to the satisfaction of the CIR. END OF SECTION 31 074113-5 SNT Comm. No. 1307.03 City Project#E12124 11/24/2014 L HEALTH DEPT. EAST REAR RESTROOM REPAIR/ REPAIR WIC BUILDING ROOF (BOND 2012) CITY OF CORPUS CHRISTI SECTION 07 62 00 SHEET METAL FLASHING AND TRIM PART 1 GENERAL 1.01 SECTION INCLUDES • A. Fabricated sheet metal items, including roof flashings, counterflashings, and other items indicated in Schedule and shown on Drawings. 1.02 RELATED REQUIREMENTS W A. Section 07 01 50-Maintenance of Membrane Roofing. B. Section 07 41 13-Metal Roof Panels. 1.03 REFERENCE STANDARDS A. American Society for Testing and Materials(ASTM): 1. A 653/A 653MB-Steel Sheet,Zinc Coated, (Galvanized)or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip process, Structural(Physical)Quality Property. 2. A 755/A 755MB-Steel Sheet, Metallic Coated by the Hot-Dip Process and Prepainted by the Coil-Coating Process for Exterior Exposed Building Products. 3. A 792/A792MB-Steel Sheet, 55%Aluminum-Zinc Alloy-Coated by the Hot-Dip Process. 4. A 924-Steel Sheet, Zinc Coated, (Galvanized) by the Hot-Dip Process. 5. B 32B-Solder Metal. 6. B 749B-Lead and Lead Alloy Strip, Sheet, and Plate Products. 7. B 370-Standard Specifications for Copper Sheet and Strip for Building Construction. B. National Roofing Contractors Association (NRCA): Roofing and Waterproofing Manual. C. Sheet Metal and Air Conditioning Contractor's National Association(SMACNA): Architectural Sheet Metal Manual. D. National Association of Architectural Metal Manufacturers(NAAMM): Metal Finishes Manual for Architectural and Metal Products. E. Texas Department of Insurance Windstorm Inspection Program. 1.04 PERFORMANCE REQUIREMENTS A. General: Install sheet metal flashing and trim to withstand wind loads, structural movement, thermally induced movement,and exposure to weather without failing, rattling, leaking, and fastener disengagement. B. Edge Design: Fabricate and install roof edge flashing that is identical to systems that have been successfully tested by a qualified testing and inspecting agency to resist roof edge design pressure(P)calculated according to ANSI/SPRI-ES-1. 1. Wind Speed: 125 mph, 3 second gust. 2. Wind Load Uplift Pressures: Refer to structural notes on Drawings. C. Thermal Movements: Provide sheet metal flashing and trim that allow for thermal movements resulting from following maximum change(range)in ambient and surface temperatures by preventing buckling, opening of joints, hole elongation, overstressing of components, failure of joint sealants, failure of connections,and other detrimental effects. Provide clips that resist rotation and avoid shear stress as a result of sheet metal and trim thermal movements. Base engineering calculation on surface temperatures of materials due to both solar heat gain and night time-sky heat loss. 1. Temperature Change(Range): 120 degrees F, ambient; 180 degrees F, material surfaces. D. Roofing Windstorm Construction: 1. Material and installation shall comply with Texas Department of Insurance Requirements for Windstorm Resistant Construction for design wind speed as required by IBC 2006. 2. Provide notifications and coordination with windstorm engineer to provide required inspections and documentation. 076200- 1 SNT Comm. No. 1307.03 City Project#E12124 11/24/2014 L HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI 3. Cost of Windstorm Inspections will be paid by Owner. Engineer will be selected by Owner. E. Water Infiltration: Provide sheet metal flashing and trim that do not allow water infiltration to building interior. 1.05 SUBMITTALS A. See Section 01 30 00-Administrative Requirements for submittal procedures. 3 B. Shop Drawings: Indicate material profile,jointing pattern,jointing details, fastening methods, flashings,terminations, and installation details. C. Product Data: Submit data or sheet metal material and manufactured components including metal types, finishes and characteristics. D. Samples: Submit one sample, maximum 12 x 12 inch in size illustrating typical parapet cap, external corner, continuous cleat, cover plate, reglet,counterflashing, material and finish. E. Samples: Submit samples in 2"x 2"size illustrating prefinished sheet metal finish color. 1.06 QUALITY ASSURANCE A. Perform work in accordance with SMACNA Architectural Sheet Metal Manual requirements and standard details, except as otherwise indicated. B. Fabricator and Installer Qualifications: Company specializing in sheet metal work with three years of documented experience. 1.07 PRE-INSTALLATION MEETINGS A. See Section 01 70 00-Execution Requirements: Pre-installation meetings. B. Convene one week before starting work of this section. 1.08 DELIVERY, STORAGE,AND HANDLING A. See Section 01 60 00: Product storage and handling requirements. B. Stack material to prevent twisting, bending, and abrasion, and to provide ventilation. Slope metal sheets to ensure drainage. C. Prevent contact with materials that could cause discoloration or staining. PART 2 PRODUCTS 2.01 SHEET METAL FLASHING AND TRIM 3 A. Pre-Finished Galvanized Steel Sheet(Bid Item 1): ASTM A755/A755M or ASTM A653; structural steel sheet, G90 zinc coating; 24 gage core steel, shop pre-coated with PVDF (polyvinylidene fluoride)top coat;color as selected to match existing. 1. Approved Product: Berridge Kynar 500. 2. Approved Product: Pac-Clad Kynar 500/Hylar 500. 3. Substitutions: Follow Section 01 60 00-Product Requirements. B. Unpainted Galvalume Sheet Steel(Bid Item 2): Aluminum-Zinc Alloy-Coated Steel Sheet: ASTM A 792/A792M, Structural Quality, Grade 50, Coating Class A255, MBCI Galvalume Plus, 24 gage. C. Pipe Flashing Boots(Bid Item 2): Size indicated or required, prefabricated vent flashings with factory welded and seal joints, minimum 4"wide base flanges, approved for use on sheet metal roofing panels. 2.02 ACCESSORIES A. Fasteners and Anchors: 1. General Requirements: a. All types of"Powder-actuated"fastening systems, "Hammer drive"fastening systems, "Ram-Set"systems and similar type fastening systems are strictly prohibited from use on the project for permanent or temporary fasteners into permanent building components,except as indicated on Drawings. b. All types of permanent or temporary fastening systems or components which are not removable without damage to permanent building components are strictly prohibited 076200-2 SNT Comm. No. 1307.03 City Project#E12124 11/2412014 HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI from use, except as indicated (example: concrete nails, clinched double nails in concrete pilot holes, rawl spikes,zemac nailins, etc.) c. Wedge type expansion anchors are prohibited at all locations where wedging action would cause spalling or damage to permanent building components. d. Plastic or nylon sleeves, nailins, plugs, cores, etc. are not acceptable as fastener components where exposed to weather. e. All fasteners, and other components exposed to weather or in exterior locations must be hot-dip galvanized steel, stainless steel, monel or other approved corrosion - resistant material or finish. Cadium-plated or electro-galvanized finishes are not acceptable. f. All fasteners installed in or in contact with type ACQ treated lumber(Yellawood) must be type 304 or Type 316 stainless steel or be specifically approved for installation in ACQ treated materials. g. Regardless of fastening system utilized, the Contractor is responsible for sizing, frequency and spacing of fasteners according to substrate, load conditions and acceptable engineering practices. h. Bolts, Nuts, and Washers: ASTM A325, galvanized to ASTM A153 for galvanized components. i. Hardened Steel Self-Threading Screw Anchor("Tapcon"Anchors): Anchorage to solid or hollow masonry and concrete. j. Epoxy Resin Adhesive Type: Threaded studs in concrete, brick or concrete masonry. k. Buildex TEKS self-drilling screws or type required for anchorage to steel. I. Drywall Screws: Bugle head, hardened steel, power driven type, length three times thickness of sheathing. B. Protection Film: Strippable vinyl. C. Protective Backing Paint: Zinc molybdate alkyd. D. Sealant: Polyurethane sealant specified in Section 07 90 33. E. Plastic Cement: ASTM D4586, Type I. 2.03 FABRICATION A. Form sections to shape indicated on Drawings, accurate in size, square, and free from distortion or defects. B. Fabricate cleats of same material as sheet, interlocking with sheet. C. Form pieces in longest possible lengths. D. Hem exposed edges on underside 1/2 inch; miter and seam corners. E. Form material with cover plate seams, except where otherwise indicated. At moving joints, use sealed lapped, bayonet-type or interlocking hooked seams. F. Fabricate vertical faces with bottom edge formed outward 1/4 inch and hemmed to form drip. G. Seal metal joints. PART 3 EXECUTION 3.01 EXAMINATION A. See Section 01 70 00-Execution Requirements: Coordination and project Conditions. B. Verify roof openings, curbs, pipes, sleeves, ducts, and vents through roof are solidly set, reglets in place, and nailing strips located. C. Verify roofing termination and base flashings are in place, sealed, and secure. 3.02 PREPARATION A. Field measure site conditions prior to fabricating work. B. Secure flashings in place using concealed fasteners. Use exposed fasteners only in locations approved by Architect. C. Apply asphalt cement compound between metal flashings and regular bituminous felt flashings. 076200-3 SNT Comm. No. 1307.03 City Project#E12124 11/24n014 I I HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI 3 D. Apply matrix cement between metal flashings and modified bituminous membrane materials. E. Prime surfaces of metal flashings which will be covered with flashing membrane. F. Fit flashings tight in place. Make corners square, surfaces true and straight in planes, and lines accurate to profiles. G. Seal metal joints watertight. 3.03 INSTALLATION A. Conform to Drawing Details: SMACNA Architectural Sheet Metal Manual and NRCA Manual. B. Use exposed fasteners only where permitted. C. Apply matrix cement compound between metal flashings and felt flashings. D. Fit flashings tight in place. Make corners square, surfaces true and straight in planes,and lines accurate to profiles. E. Seal metal joints watertight. F. Remove strippable vinyl protection film immediately after installation. 3.04 SCHEDULE A. Health Department Restroom (Bid Item 1)Counterflashing: Prefinished galvanized sheet metal, 24 gage. B. Health Department Restroom(Bid Item 1)Through Wall Regulets(Retro-Fit): Prefinished galvanized sheet metal, 24 gage. C. WIC Building (Bid Item 2)Sheet Metal Parapet Cap: Prefinished galvanized sheet metal, 24 gage. D. WIC Building (Bid Item 2) Drip Edge Fascia: Unpainted Galvalume Plus, 24 gage. E. WIC Building(Bid Item 2) Rake Edge Flashing: Unpainted Galvalume Plus, 24 gage. F. WIC Building (Bid Item 2) Miscellaneous Corner and Trim Flashing: Unpainted Galvalume Plus, 24 gage. END OF SECTION 076200-4 SNT Comm. No. 1307.03 City Project#E12124 11/24/2014 L HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF (BOND 2012) CITY OF CORPUS CHRISTI SECTION 07 90 33 JOINT SEALERS PART 1 GENERAL 1.01 SECTION INCLUDES A. Sealants and joint backing, and accessories. B. Related Sections: 1. Section 07 01 50-Maintenance of Membrane Roofing: Sealants required for roofing repairs. 2. Section 07 62 00-Sheet Metal Flashing and Trim: Sealants required in conjunction with sheet metal components. 1.02 REFERENCES A. ASTM International: 1. ASTM C920-Standard Specification for Elastomeric Joint Sealants. 2. ASTM C1193-Standard Guide for Use of Joint Sealants. 1.03 SUBMITTALS A. Follow Section 01 30 00-Submittal Procedures. B. Products Data: Submit data indicating sealant chemical characteristics, performance criteria, substrate preparation, limitations, and color availability. C. Samples: Submit one sample, 1/4 x 1 inch in size illustrating sealant colors for selection. le D. Manufacturer's Installation Instructions: Submit special procedures, surface preparation, and perimeter conditions requiring special attention. E. Warranty: Include coverage for installed sealants and accessories failing to achieve airtight L seal,watertight seal, exhibit loss of adhesion or cohesion, and sealants which do not cure. 1.04 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this section with minimum three years experience. B. Applicator: Company specializing in performing Work of this section with minimum five years experience. 1.05 ENVIRONMENTAL REQUIREMENTS 11r A. Follow Section 01 60 00-Products Requirements. B. Maintain temperature and humidity recommended by sealant manufacturer during and after installation. 1.06 COORDINATION A. Follow Section 01 70 00-Execution Requirements: Coordination and project conditions. B. Coordinate Work with sections referencing this section. 1.07 PRE-INSTALLATION MEETING A. Follow Section 01 70 00-Execution Requirements: Pre-installation meetings. B. Convene minimum one week prior to commencing work of this section. C. Submittal review process for that portion of the Work under discussion must have been completed prior to scheduling of the pre-installation meeting. PART 2 PRODUCTS 2.01 JOINT SEALERS A. Manufacturers: 1. Dow Corning Corp. 2. GE Silicones. 3. Tremco. r 079033- 1 SNT Comm. No. 1307.03 City Project#E12124 10/10/2014 it HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI 4. Pecora Corp. 5. Sika Corp. 6. Sonneborn. 7. Substitutions: Follow Section 01 60 00-Products Requirements. 8. Products Description: a. Type 1: Polyurethane Sealant; single component, chemical curing, non-staining, 3 non-bleeding, capable of continuous water immersion, non-sagging type, NP-1 by Sonneborn. b. Type 2: Premium-grade high performance, moisture-cured, 1-component, polyurethane-based non-sag elastomeric sealant, Sikaflex-®1a. c. Sealant Colors: Provide sealant color samples for color selection. 2.02 ACCESSORIES A. Primer: Non-staining type, recommended by sealant manufacturer to suit application. Copper surfaces must be primed using primer recommended by sealant manufacturer including when using self-primer or non-priming general use sealants. B. Joint Cleaner: Non-corrosive and non-staining type, recommended by sealant manufacturer; compatible with joint forming materials. C. Joint Backing: Round foam rod compatible with sealant;ASTM D1056, sponge or expanded rubber D1667, closed cell PVC; oversized 30 to 50 percent larger than joint width. D. Bond Breaker: Pressure sensitive tape recommended by sealant manufacturer to suit application. PART 3 EXECUTION 3.01 EXAMINATION A. Follow Section 01 70 00-Execution Requirements: Coordination and project conditions. B. Verify substrate surfaces and joint openings are ready to receive work. C. Verify joint backing and release tapes are compatible with sealant. 3.02 PREPARATION A. Remove loose materials and foreign matter impairing adhesion of sealant. B. Clean and prime joints. C. Perform preparation in accordance with ASTM C1193. D. Protect elements surrounding Work of this section from damage or disfiguration. . 3.03 INSTALLATION A. Perform installation in accordance with ASTM C1193. B. Measure joint dimensions and size joint backers to achieve the following, unless otherwise indicated: 1. Width/depth ratio of 2: 1. 2. Neck dimension no greater than 1/2 of joint width. 3. Surface bond area on each side not less than 75 percent of joint width. C. Install bond breaker where joint backing is not used. D. Install sealant free of air pockets, foreign embedded matter, ridges, and sags. E. Apply sealant within recommended application temperature ranges. Consult manufacturer when sealant cannot be applied within these temperature ranges. F. Tool joints concave. 3.04 CLEANING A. Follow Section 01 70 00-Execution Requirements: Final cleaning. B. Clean adjacent soiled surfaces. 079033-2 SNT Comm. No. 1307.03 City Project#E12124 10/10/2014 HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI 3.05 PROTECTION OF INSTALLED CONSTRUCTION A. Follow Section 01 70 00-Execution Requirements: Protecting installed construction. B. Protect sealants until cured. 3.06 SCHEDULE A. Sheet Metal Trim, Roof Polyurethane, single component Type 1 Accessories B. Cement Plaster Crack Repair High performance latex sealant Type 2 END OF SECTION L L L I I I I I I r I r 079033-3 SNT Comm. No. 1307.03 City Project#E12124 10/10/2014 HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF (BOND 2012) CITY OF CORPUS CHRISTI SECTION 13 34 21 STRUCTURAL RETROFIT ROOF SUB-FRAMING SYSTEM PART 1 GENERAL 1.01 DESCRIPTION A. The structural retrofit roof sub-framing system will provide support for a new metal roofing system constructed over the existing building roof. It shall be engineered in accordance with the specified code and design loading and shall transfer positive acting loads at each attachment location into an existing structural member. B. Furnish labor, material, tools, equipment and services for the fabrication of retrofit roof 1 sub-framing as indicated, in accordance with provisions of the Contract Documents. C. Completely coordinate work with of other trades. D. Although such work is not specifically indicated,the contractor/installer shall coordinate with the metal roof system supplier to furnish and install supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure and complete installation. E. See Division 1 for General Requirements 1.02 QUALITY ASSURANCE AND REFERENCES A. American Society for Testing and Materials(ASTM) 1. ASTM A 653/A 653M-Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated(Galvannealed)by the Hot-Dip Process. 2. ASTM A 1011/A 1011M-Standard Specification for Steel, Sheet and Strip, Hot-Rolled, Carbon, Structural, High-Strength Low-Alloy and High-Strength Low-Alloy with Improved Formability. 3. ASTM E 1592-Structural Performance Test for Metal Panel and Siding Systems by Uniform Static Air Pressure Difference B. American Iron and Steel Institute(AISI) 1. AISI-2008 Edition of the"Cold Form Steel Design Manual" 2. AISI-2007 Edition of the"North American Specification for the Design of Cold-Formed Steel Structural Members" C. American Institute of Steel Construction (AISC) 1. AISC-"Specification for Structural Steel for Buildings" D. 2010 Florida Product Approvals 1. FL 9352-R2 a. FL 9352.2 26 ga. PBR over Roof Hugger Re-Roofing System E. Texas Department of Insurance(TDI)Windstorm Inspection Program. 1.03 SUBMITTALS A. Follow Section 01 33 00 for submittal procedures. B. Product Data: Submit manufacturer's product data, including installation instructions. C. Shop Drawings: Submit manufacturer's shop drawings for sub-purlins indicating gauge,yield strength,flange and web sizes, cut-out dimensions,and punch pattern for attachment holes in base flange. 1. Provide sealed drawings and calculations for manufacturer substitution products. D. Design Data: Submit design data from independent engineering firm indicating table of wind uplift capacity of sub-purlins. 1.04 DELIVERY, STORAGE,AND HANDLING A. Delivery: Deliver materials to site in manufacturer's original, unopened bundles,containers,and packaging,with labels clearly identifying product name and manufacturer. 13 34 21 -1 SNT Comm. No. 1307.03 City Project#E12124 11/24/2014 HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF (BOND 2012 CITY OF CORPUS CHRISTI B. Storage: 1. Store materials in accordance with manufacturer's instructions. 2. Protect sub-purlins from corrosion, deformation, and other damage. 3. Store sub-purlins off ground,with 1 end elevated to provide drainage. 4. Handling: Protect materials during handling and installation from corrosion, deformation, and other damage. 1.05 EXISTING ROOF SYSTEM AND PRE-CONSTRUCTION INSPECTION A. The Contractor shall conduct a detailed inspection of the existing roof to identify any existing roof elements that are a cause for concern IE: panel deterioration, structural deterioration, equipment curbs, plumbing and electrical penetrations, special flashing requirements, and any other items that should be submitted to the Architect for review and evaluation. B. The Contractor shall perform a detailed survey of the existing roof and confirm the existing panel dimensions, type and profile. In the case of existing standing seam roofing it should be determined if the existing roof employs standard or tall clips. If high panel clips are existing, the standoff dimension should be determined. C. The Contractor shall obtain field measurements on the existing roof geometry including width, length, eave height, roof pitch and purlin spacing. This information is to be forwarded to the retrofit sub-framing system manufacturer for coordination and integration into the design and installation documents. 1.06 DESIGN REQUIREMENTS A. General 1. Design for approval and installation in accordance with the included drawings and these specifications, a complete retrofit sub-framing and metal roof panel assembly as a structural package, engineered and factory fabricated in accordance with AISI, MBMA and ASCE references with the understanding the sub-framing system may be designed by the retrofit sub-framing manufacturer and the metal roof panel system may be designed by the metal roof manufacturer. However, both systems are to be designed to perform as one engineered structural package where the metal roof system controls the placement of sub-framing members. 2. Any additions/revisions to sub-framing members as a result of field conditions and/or demands, shall be the contractor's responsibility, and shall be submitted for review and approval by the manufacturer. 3. Manufacturer substitution shall provide design and calculations sealed by a registered structural engineer in Texas. B. Engineering Design Criteria: 1. Building Code: Texas Department of Insurance requirements for windstorm resistant construction for design wind speed as required by IBC 2006. PART 2 PRODUCTS 2.01 MANUFACTURER QUALIFICATIONS A. Manufacturer shall have a minimum of five years experience in manufacturing and fabrication of retrofit sub-framing systems of this nature. Light-gauge steel sub-framing components specified in this section shall be produced in a factory environment by roll forming and press-brake equipment assuring the highest level of quality control. B. Acceptable Manufacturers 1. Roof Hugger, Inc., PO Box 1027, Odessa, Florida 33556. Toll Free Phone(800) 771-1711. Toil Free Fax(877)202-2254. Phone(813)909-4424. Fax(813)948-4742. Website:www.roofhugger.com. E-Mail: sales@roofhugger.com. Bill Wingrove, Product Advisor. 2. Substitutions: See Section 01 60 00. 13 34 21 -2 SNT Comm. No. 1307.03 City Project#E12124 11/24/2014 L HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI 2.02 RETROFIT STEEL SUB-PURLINS A. Standard Retrofit Factory-notched Sub-Purlins: "Roof Hugger". 1. Description: a. 1-piece, custom-notched and punched, Z-shaped section. b. Pre-punched to nest over existing through-fastened, low clip and high clip standing seam roof panel ribs for low-profile attachment. c. Pre-punched for attachment fasteners. d. Integrally formed Anti-Rotational Arm as required for high clip standing seam panels. e. Fastens directly into existing purlins,joists or structural decking with fasteners. B. Material: 1. Galvanized steel,ASTM A 653 or A 1011, G-90, yield strength 50 KSI. 2. Thickness: 0.060" minimum, 16-Gauge. 3. Web Height: Manufacturer's standard. 4. Base Flange Width: Pre-punch base flange to manufacturer's standard unless otherwise specified. 5. Top Flange Width: Nominally 2"with 0.25" minimum stiffening lip unless otherwise specified. 6. Length: Nominally 10'-0"long, plus an additional+/- 1"top flange extension for part lap or per manufacturer's recommendations. C. Attachment Fasteners/Anchorage 1. "Standard"Roof Hugger Sub-Purlin: a. Attachment to Existing Purlins/Joist/Decking: Typical 2- 1/4"-14 or#12-14 threads per inch, DP3 self-drilling fastener per L.F., or as specified. b. Existing Purlin Strengthening, Top Flange Lap Connection: Typical 4410-16 x 1" pancake head fasteners through overlapping Hugger top flanges,joining them into a continuous member, per lap connection or as specified. c. Mid-Span Hugger Sub-Purlin to Sub-Rafter: Typical 1 #10-16x1"pancake head installed through Hugger top flange, into sub-rafter. d. Mid-Span Hugger Sub-Purlin to Existing Panel:Typical#17-14 fasteners shall be installed through the mid-span Roof Hugger sub-purlin into the existing roof panels as specified or per standard details(over-drilling of pre-punched hole will be required). 3 e. Fastener Length: As required to penetrate existing purlins in accordance with fastener attachment standards. 2. "Special"Roof Hugger Sub-Purlin w/Anti-Rotational Arm: a. Attachment to Existing Purlins/Joist/Decking: Typical 2-1/4"-14 x 2" DP3 self-drilling fastener with 1"standoff or as specified. b. Attachment of Anti-Rotational Arm to Existing Panel: #17-14 fastener or as specified. 3. Integral Sub-Rafters(sub-rafters that fit beneath the rib cut out in the Roof Hugger sub-purlin): a. 1/4"-14 threads per inch, DP3 self-drilling fasteners install through the Roof Hugger sub-purlin,through the integral sub-rafter,through the existing panel and into the existing purlin, rafters or joist; quantity as specified by design(typically 4 per intersection) 4. Sub-Rafter Hat Channels(used in lieu of integral sub-rafters in certain high load areas): a. Attachment to Existing Purlins, Trusses, Rafters or Joist:#1/4"-14 threads per inch DP3 self-drilling fasteners or equal. b. Length as required for minimum required penetration into truss, rafter or joist. 5. Sub-Purlin Hat Channels: a. Attachment to installed sub-rafters: 1/4"-14 or#12-14 threads per inch, DP3 self-drilling fasteners, quantity as specified. I 13 34 21 -3 SNT Comm. No. 1307.03 City Project#E12124 11/24/2014 HEALTH DEPT. EAST REAR RESTROOM REPAIR/REPAIR WIC BUILDING ROOF(BOND 2012 CITY OF CORPUS CHRISTI PART 3 EXECUTION 3.01 EXAMINATION A. Examine existing roof areas to receive sub-purlins. Notify Architect if areas are not acceptable or structurally adequate. Do not begin installation until unacceptable conditions have been corrected. B. Verify existing purlins and eave struts are in good serviceable condition, without rust-thru of flanges. C. Field Verify Before Ordering of and Installation of Sub-Purlins: 1. Existing panel profile and panel rib dimensions. 2. Existing panel run-out by measuring roof over several 20-foot areas to confirm panels were installed on module and in-square. Note variations. 3.02 INSTALLATION OF SUB-FRAMING AND OTHER ROOFTOP APPURTENCES A. Install sub-purlins in accordance with manufacturer's instructions at locations indicated on the standard details or Engineered Drawings if provided. • B. Limit installation of sub-purlins to amount that can be roofed over each day. C. Install number of fasteners per linear foot or as directed by Manufacturer. D. Install sub-purlins directly over existing purlins and fasten to existing purlin through existing panel pan section. E. If integral sub-rafters are used, loosely lay Sub-rafters over the existing panel high ribs and between the existing purlins. Sub-rafter spacing and number of fasteners shall be as specified on the engineered drawings or as specified in the Roof Hugger, Florida Product Approval. F. Press the Roof Hugger sub-purlins over the sub-rafters on the existing purlin lines in areas where they are specified and install#12-14 DP3 fasteners(or as specified)through the base flange of the Hugger sub-purlin, through the sub-rafter and then into the existing purlins being careful to maintain the alignment of the sub-rafters. G. Install Huggers onto the integral sub-rafters between the existing purlins as specified with #12-14 threads per inch, DP3 fasteners, typically one fastener on each side of the sub-rafter unless otherwise specified. H. Where the Roof Hugger is attached to the existing roof panel the pre-punched base flange hole should be drilled out to the correct diameter to allow for the installation of a#17-14 fastener through the Roof Hugger and into the existing roof panel. I. Where the Roof Hugger passes over the fitted sub-rafter a#10-16 pancake head fastener should be installed through the top flange of the Roof Hugger into the top of the new fitted sub-rafter. J. Removal of Existing Roof Fasteners: 1. Do not remove existing roof fasteners unless installation of sub-purlins over fasteners causes sub-purlins to"roll"or"porpoise". Some distortion of base flange of sub-purlins caused by existing roof fasteners is normal. K. Existing Rooftop Components and Equipment: 1. Existing sanitary plumbing vents shall be extended with new roof jacks located at the new metal roof plane. Extension of piping shall be accomplished with materials matching the existing piping composition subject to local building and plumbing code requirements. Use of elbow fittings to redirect the pipe to locate the penetration between the metal roof panel side seams shall be used. END OF SECTION I 13 34 21 -4 SNT Comm. No. 1307.03 City Project#E12124 11/24/2014 I C 6 r v 6 6 6 L: 6 6 LIST OF DRAWINGS 6 f L: , 6 6 6 6 6 L I HEALTH DEPT . EAST REAR RESTROOM / REPAIR GIC BUILDING ROOF (BOND 2012 ) I PN : E12124 LIST OF DRAWINGS 1. G1.0 - Title Sheet 2. A1.0 - Health Dept. Roof Plan, Existing Conditions 3. A1.1 - Health Dept. Roof Plan, New Work 4. A2.0 - WIC Building Roof Plan 5. C1.0 - Roof Hugger Cover Sheet 6. S1.0 - Roof Hugger Roof/Windzone Plan 7. S2.0 - Roof Hugger Layout/Building Sections 8. 83.0 - Roof Hugger Details 1 9. S4.0 - Roof Hugger Details 2 L I w I I I I I I L F z rr AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 11TH 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 rrr Haeber Roofing Company termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $109,878.37 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) HEALTH DEPT. EAST REAR RESTROOM / REPAIR WIC BUILDING ROOF - PROJECT NO. E12124 TOTAL AMOUNT: $109,878.37 according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their kis expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev.Aug-2014 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A-26 of the General and Special Provisions and p p Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 120 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev.Aug-2014 L CITY OF CORPU CHRIST l By: Valerl ray, P.E. Execu e Director o P •lic W•rks APPROVED AS TO LEGAL FORM ire /// B ,.,u A �. . . L.. • Ass City Attorney L RECOMMENDED: APP V :.46( Zazd,tedZ unding Dept. Approval (Dept. Head) Direcor of Management& Budget 6--) 91.4/Aoisq/q/ c Date Date 550910-3366-101 E12124013366EXP Funding Source L CONTRACTOR ATTE T: (If Corporation) Haeber Roofing Company Iva tfAf-/ A€14-e/(9 B lei ( ea Below) Title: re�s (Note: If Person signing for corporation is not President, 2833 Holly Road attach copy of authorization (Address) to sign) Corpus Christi, TX 78415 (City) (State) (ZIP) 361/851-8142 * 361/851-8062 (Phone) (Fax) rr Drucker3[a�aol.com (E-Mail) • Page 3 of 3 Rev.Aug-2014 L r L L L L PROPOSAL DISCLOSURE STATEMENT L r L L r r { L HAEBER 2833 Holly Road ROOFING COMPANY (361)851-8142 Corpus Christi,Texas 78415 Fax(361)851-8062 COMMERCIAL&RESIDENTIAL- ESTIMATES April 2, 2015 Ref: WIC Building Roof East Rear Restroom Repairs Corpus Christi,Texas Gracie Mesa Sr Project Manager JOC Program We propose to furnish the necessary labor,material,supervision and all taxes and insurance to do the work in accordance with the following sections: WIC Building—We will remove the existing trim and fasteners so that a"Roof Hugger" system can be installed We will then install new 26 gauge R-Panels above the Roof Hugger system. We will do other work as described on the plan sheets. East Rear Restroom Repairs—We will patch blisters and coat walls as described on plan sheets. Price. $ 109,878.37 be Note: Price includes a contingency of$10,000.00 L r 6 TERMS OF PAYMENT: Cash without discount upon completion on all work started and completed in one calendar month.On all other work On the 10th of each month,90%of the contract Lprice of all materials and labor furnished during the precedkrg month is due and payable;balance on completion of contract,unless work is temporarily interrupted or its completion is delayed by you,then said balance shall immediately become due and payable. Only items or work specifically listed above are Included in the contract price. All amounts payable under this agreement are payable in C.C.Nueces County,Texas,and all past due amounts shall bear interest at the rate of ten percent per annum, other contracts of Haeber Rooting Company shall extend the time for completion of the work by Haeber Roofing Company. hp Our acceptance of contract subject to approval of our credit department. This proposal In duplicate,when signed by you,will constitute a contract under the laws of the State of Texas and shall be so construed.This proposal r subject to acceptance within ten days. { Respectfully submitted it HAEBER ROOFING COMPANY Accepted ?if _.4401111111101111115— Date By , r - r- - r---e f r""! r r r -! r+ Cost Works 2014-New Prolect Oty C5I Number Description Crew DO LH Unit Bare Mat. BL BE Total Total O&P 0 01311 390 0100 Performance Bond,for buildings,maximum Job 2.5% 2.5% 2 01542 375 4100 Scaffolding specialties,rolling tower,buy,5'wile x 7'long x 10'high Ea. 2,357.50 0.00 0.00 2,367.50 2,593.25 2 01543 340 2050 Rent forklift,for rough terrain,42'lift,35'reach,9000 lb.,110 H.P. Month 0.00 0.00 8,652.00 8,652.00 9,517.20 1,760 05122 340 0466 Angle framing,structural steel,1-1/4"x1-1/4"x3/16',field fabricated,Incl cutting&welding E3 115 0.209 L.F. 1,948.32 14,702.60 2,146.76 18,797.68 31,479.80 390 07050 610 2370 Selective demolition,thermal and moisture protection,roof edge,sheet metal coping,up to 12"wide 1 Clab 240 0.033 L.F. 0.00 235.85 0.00 235.85 387.76 8,300 07050 510 4820 Selective demolition,thermal and moisture protection,roofing,sheet metal 02 2,150 0.019 S.F. 0.00 2,807.48 0.00 2,807.48 4,679.13 8,000 07211 610 2100 Blanket Insulation for floors/ceilings,fiberglass,paper or foil backing,1 side,3-1/2"thick,1113,incl.spring type wire 1 Carp 700 0.011 S.F. 3,116.00 1,558.00 0.00 4,674.00 6,068.00 8,300 07411 320 0300 Steel roofing panels,on steel frame,corrugated or ribbed,galvanized,26 gauge G3 1,000 0.032 S.F. 15,986.83 6,924.69 0.00 22,911.32 28,639.15 600 07411 3200700 Steel rooting panels,on steel frame,corrugated or ribbed,colored,26 gauge G3 1,000 0.032 S.F. 1,230.00 498.15 0.00 1,728.15 2,148.35 7 07421 320 3400 Aluminum siding,screw fasteners,aluminum,self-tapping,with neoprene washer,1"long M 1,492.40 0.00 0.00 1,492.40 1,641.84 200 07521 6101600 SBS modified bituminous membrane,smooth surface cap sheet,145 mils,mopped 61 2,100 0.027 S.F. 161.95 110.70 51.25 323.90 434.80 200 07521 6101900 SBS modified bituminous membrane,granular surface flashing,150 mils 61 1,260 0.044 S.F. 135.30 184.50 86.10 405.90 576.05 420 07711 910 0400 Aluminum gravel stops,painted,.050"thick,6"face height 1 Shee 135 0.059 L.F. 3,573.16 675.89 0.00 4,249.04 4,972.28 280 07711 9300300 Fascia,steel,galvanized&enameled,stock,long panels,excl.furring 1 Shee 145 0.055 S.F. 1,153.60 421.06 0.00 1,574.86 1,932.28 30 07712 610 0600 Reglet,stainless steel,.020'thick 1 Carp 225 0.036 L.F. 114.39 24.29 0.00 138.68 168.05 110 07712 6101300 Reglet,counter flashing for galvanized steel,.020"thick,12 wide 1 Shea 150 0.053 L.F. 148.83 158.98 0.00 307.81 414.92 30 07712 6101500 Reglet,counter flashing for stainless steel,.020"thick,12 wide 1 Shee 150 0.053 L.F. 179.89 43.38 0.00 223.25 265.99 4 07722 310 0020 Roof vents,mushroom shape,for built-up roofs,aluminum 1 Rofc 30 0.267 Ea. 451.00 20.71 0.00 471.71 537.10 150 07921 320 3855 Joint sealants,caulking and sealants,polyurethane,bulk,in place,1 or 2 component,1/2"x 1/4" 1 Brie 288 0.028 LF. 52.28 93.79 0.00 146.06 210.84 1 09050 530 9000 Walls and partitions demolition,minimum labor/equipment charge 1 Clab 4 2 Job 0.00 34.34 0.00 34.34 55.86 100 09291030 0300 Gypsum wallboard,on walls,standard,1/2"thick,finish excluded 2 Carp 2,000 0.008 S.F. 28.70 14.35 0.00 43.05 54.33 420 09910 330 0790 Surface preparation,exterior,siding,stucco,pressure wash,based on 2500 lb operating pressure A1H 3,080 0.003 S.F. 0.00 25.83 8.81 34.44 51.66 420 09911 390 0390 Paints&coatings,walls,concrete masonry units(CMU),smooth surface,first coat,waterproof sealer,brushwork 1 Pord 736 0.011 S.F. 124.85 107.63 0.00 232.47 305.66 420 09911 390 0400 Paints Si coatings,walls,concrete masonry units(CMU),smooth surface,second coat,waterproof sealer,brushwor 1 Ported 1 104 0.007 S.F. 124.85 73.19 0.00 198.03 249.69 ota7 is $32,379.62 $28,715.36$10,944.72 $72,039.71 $97,379.37 Contingency $10,000.00 Contingency Mark UP $2,500.00 Total With Contingency $109,879.37 Haeber Roofing Factor 1.0 Total Job $109,879.37 r r.--- .m r-"? r"-7 -_ �,�,,! r-7 Zip Typdeleas Note 784 Rai2014 U316 2 784 Rai 2014 (Adjusted by 013113900100) U1149 2 784 R a12014 (Adjusted by 011131300020 ant E292 2 784 R at 2014 (Adjusted by 013113900100) U27264 2 784 Rat 2014 (Adjusted by 013113900100) 117349 2 784 R at 2014 (Adjusted by 013113900100) 117397 2 784 R at 2014 (Adjusted by 013113900100) U34006 2 784 R at 2014 (Adjusted by 011131300020 ant U34881 2 784 R a 2014 (Adjusted by 013113900100) 034889 2 784 R at 2014 (Adjusted by 013113900100) U35052 2 784 R at 2014 (Adjusted by 013113900100) 1135587 2 784 Ra 2014 (Adjusted by 01 311 39001 00) U35590 2 784 R at2014 (Adjusted by 013113900100) 1)38109 2 784 Rat 2014 (Adjusted by 011131300020 ant U36100 2 784 Rai 2014 (Adjusted by 013113900100) 1)38013 2 784 R at 2014 (Adjusted by 013113900100) U36018 2 784 Ret 2014 (Adjusted by 013113900100) U36019 2 784 Rat 2014 (Adjusted by 013113900100) 1)36180 2 784 R a 2014 (Adjusted by 013113900100) 1)36373 2 • 784 R a 2014 (Adjusted by 013113900100) U7628 2 784 Rai 2014 (Adjusted by 013113900100) U41742 2 784 Rai 2014 (Adjusted by 013113900100) U45416 2 784 Rai 2014 (Adjusted by 013113900100) U43879 2 784 R as 2014 (Adjusted by 013113900100) U43880 2 L L L ttaCITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Chn ti 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. livery question must be answered. If the question is not applicable, answer with NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Haeber Roofing Company P.0.130X: STRhl:T ADDRESS: 2833 Holly Road CITY: Corpus Christi ZIP: 78415 FIRM IS: 1. Corporation Ri2. Partnership3. Sole Owner 0 4. Association U 5. Other 8 DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this age 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"firm." Name N/A Job Title and City Department(if known) 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 t -. L 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." 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" constituting 3%or more of the ownership in the above named`firm." Name Consultant N/A L ATTACHMENT"13" Page l of 2 18 F L L 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 promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Sharo - . ker Title: President (Type or Print) Signature of Certifying Person: 4411 411/ ` s ate: .:� 11/21/2014 DEFINITI 4 NS 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. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship,as self-employed person, partnership,corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. 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 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. ATTACHMENT"B" Page 2 of 2 2 19 r him 0 C4 rzi 0 rzi C4 rzi 04 41,--111 .11 J i LJ J J I LA a- 1 G4 L 00 6113 PERFORMANCE BOND BOND NO. TXC607326 Contractor as Principal Surety Name: Haeber Roofing Company Name:MERCHANTS BONDING COMPANY(MUTUAL) Mailing address(principal place of business): Mailing address(principal place of business): 2833 Holly Road 9500 ARBORETUM BLVD. , SUITE 100 Corpus Christi,TX 78415 AUSTIN, TEXAS 78759 Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas SAME 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: IOWA 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): 512-241-4514 Large Job Order Contract RFP 2014-07 Proi. No. E12124 Health Dept. East Rear Restroom /Repair WIC Building Roof Telephone (for notice of claim): SEE ATTACHED Local Agent for Surety Name: SWANTNER & GORDON INS. AGENCY Award Date of the Contract: June 11,2015 Address: 500 N. SHORELINE BLVD., #1200 CORPUS CHRISTI, TEXAS 78401 Contract Price: $109,878.37 Bond Telephone: 361-883-1711 Email Address:mmoore@s-gins.corn Date of Bond: JULY 7, 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 C Performance Bond 00 6113-1 Corpus Christi Standards—Large JOC 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 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 Pri ci•al /: Surety -A 7770.--,2-eSignatur•: Signature (Name: — Name: MA L LEN MOORE Title: re, /t)ts Title: ATTORNEY IN FACT Email Address: Y LLt �i r Email Address: mmoore@s-gins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 6113-2 Corpus Christi Standards—Large 1OC 7-8-2014 00 61 16 PAYMENT BOND BOND NO. TXC607326 Contractor as Principal Surety Name: Haeber Roofing Company Name:MERCHANTS BONDING COMPANY(MUTUAL) Mailing address(principal place of business): Mailing address(principal place of business): 2833 Holly Road 9500 ARBORETUM BLVD. , SUITE 100 Corpus Christi.TX 78415 AUSTIN, TEXAS 78759 Physical address(principal place of business): Owner SAME Name: City of Corpus Christi,Texas 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: IOWA 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): 512-241-4514 Prole No.E12124 Health Dept.East Rear Restroom/Repair WIC Building Roof Telephone (for notice of claim): SEE ATTACHED Local Agent for Surety Name: SWANTNER & GORDON INS. AGENCY Award Date of the Contract: June 11,2015 Address:500 N. SHORELINE BLVD., #1200 CORPUS CHRISTI, TEXAS 78401 Contract Price: $109,878.37 Bond Telephone: 361-883-1711 Email Address:mmoore@s—gins.com Date of Bond: JULY 7, 2015 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 L Payment Bond Form 00 6116-1 Corpus Christi Standards—Large JOC 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 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 Prin• •1j /i ^ Surety Signature: -/, Signature: Name: C fG r1 i�0kJ� Name: MAR `LEN MOORE Title: e S%(�y;/\� Title: ATTORNEY IN FACT r � Email Address: 7j7(AC/<Q(' ;teied,CuYr— Email Address:mmoore@s-gins.com (Attach Power of Attorney and place surety seal below) END OF SECTION E L Payment Bond Form 00 6116-2 Corpus Christi Standards—Large JOC 7-8-2014 IN, MERCHANH BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING. INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Aaron J Endris; Cathleen Hayles; Danielle Harris; Kerry M McIntosh; Mary Ellen Moore; Rene Goforth; Steve Addkison; Tami J Duncan of Corpus Christi and State of Texas their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign, execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: SEVEN l'vIILLION FIVE HUNDRED THOUSAND(57,500,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23.2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. 'The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company, and such signature and seat when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 4th day of August , 2014. • • `,`.�`46:"t......q4, .*:•.G'''.i;POk, .o•• MERCHANTS BONDING COMPANY(MUTUAL) E .. GI 0'a".4j'¢0= ; MERCHANTS BONDING COMPANY,.. MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING.INC. 2100 FLEUR DRIVE • DES MOINES. IOWA 50321-1158 • (800)678-8171 • (515)243-3854 FAX IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual) toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 of Insurance at: write the Texas You mayDepartment P. O. Box 149104 Austin,TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. it ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. C SUP 0032 TX(12/13) r J AR� DATE(MMIDD/YYYY)® CERTIFICATE OF LIABILITY INSURANCE 6/26/2015 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 POLICIES 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). PRODUCER CONTACT NAME: Ryan Guerrra Higginbotham Insurance Agency, Inc. PHONE361-561 4269 FAX 361-844-0101 dba Swantner&Gordon Insurance Agency, LLC VIM,Lo.Ext): (a/c.Noe PO Box 870 ADDRESS:certificates-sr@higginbotham.net Corpus Christi TX 78403-0870 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Southern Insurance Company 19216 INSURED HAEBEI INSURER B Continental Casualty Company 20443 Haeber Roofing Company INSURER c:Valley Forge Insurance Company 20508 2833 Holly Rd INSURER D:American Casualty Co of Reading PA 20427 Corpus Christi TX 78415 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:897724672 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 SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD/YYYY) (MMIDD/YYYY) LIMITS B x COMMERCIAL GENERAL LIABILITY C6017022425 5/1/2015 5/1/2016 EACH OCCURRENCE $1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES EaENTEoccur ence ) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY C6017022442 5/1/2015 5/1/2016 COMBINED eBINEDt)accident) LIMIT _ $1 000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OS�ED SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) _ B X UMBRELLA LIAR X OCCUR C6017022456 5/1/2015 5/1/2016 EACH OCCURRENCE _ $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10,000 $ D WORKERS COMPENSATION WC6017022473 5/1/2015 5/1/2016 X PER STATUTE OTH- ER AND EMPLOYERS'LIABILITY YN ANY PROPRIETOR/PARTNER/EXECUTIVE NN/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EAEMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Installation Floater CIM551638403 5/1/2015 5/1/2016 Limit $1,000,000 Ded $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) 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. PO Box 9277 Corpus Christi TX 78469-9277 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HAEBE1 LOC#: ARDADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED Higginbotham Insurance Agency, Inc. Haeber Roofing Company POLICY NUMBER 2833 Holly Rd Corpus Christi TX 78415 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 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 per Contractor's General Liability Extension Endorsement Form G-18652-J 07/12. 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 per Blanket Additional Insured -Owners, Lessees or Contractors-With Products-Completed Operations Coverage-Form G-140331-D 01/13. 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 per Contractor's General Liability Extension Endorsement Form G-18652-J 07/12. 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 per Contractors Extended BA Plus Coverage Endorsement Form CNA63359XX 04/12. 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 per Contractors Extended BA Plus Coverage Endorsement Form CNA63359XX 04/12. 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 per Texas Waiver of Our Right to Recover from Others Endorsement Form WC 42 03 04 B 06/14. Umbrella policy follows the terms,definitions, conditions&exclusions of the Scheduled Underlying General Liability,Auto Liability and Employers Liability Insurance per Commercial Umbrella Plus Coverage Part Form G15057C 06/05. 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 per Texas Notice of Material Change Endorsement Form WC 42 06 01 07/84. 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 per Texas Changes-Amendment of Cancellation Provisions or Coverage Change Form CG 02 05 12/04. 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 per Texas Cancellation Provision or Coverage Change Endorsement-Form G300660A 06/08. Project: E12124-Health Department East Rear Restroom/Repair WIC Building Roof(Bond 2012) ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NA 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 not 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[imitations affecting each coverage, please refer 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 organizations. 15. Legal Liability/Alienated Premises/Borrowed Equipment Coverage Extended perils. Default limit increased to$500,000 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 accident. 19. Non-owned Aircraft Coverage 20. Non-owned Watercraft Increased to 75 feet. 21. Primary And Non-Contributory To Other Insurance 22. Property Damage-Elevators 23. Supplementary Payments Cost of bail bonds increased to$5,000. Daily loss of earnings increased to$1,000. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation-Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap-Up Extension G-18652-J (Ed 07/12) Policy No: C6017022425 Page 1 EndorsementEffective Date: 05/01/15 insured Name:Haeber Roofing Company • ®CNA AN Rights Reserved. • 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._ls 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 or 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 or on behalf of such additional insured. E. Lessor-Premises A manager or lessor of premises but only with respect to liability arising out of the 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-J(Ed 07/12) Policy No: Page 2 Endorsement No: Effective Date: Insured Name: 0 CNA All Rights Reserved. • CNA 1. Any"occurrence"which takes place after you cease to be a tenant in that premises;or 2. Structural alterations,new construction or demolition operations performed by or on behalf of such additional insured. F. Mortgagee,Assignee or Receiver A mortgagee,assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance,or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent,or control and to which this insurance applies: a. The existence,maintenance, repair, construction,erection, or removal of advertising signs, awnings, canopies, cellar entrances,coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners,or decorations and similar exposures; or b. The construction,erection,or removal of elevators;or c. The ownership, maintenance or use of any elevators covered by this insurance. 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 3. This insurance does not apply to: a. "Bodily injury", "property damage"or"personal and advertising injury"arising out of operations performed for the federal government,state or municipality;or b: "Bodily injury"or"property damage"included within the"products-completed operations hazard". A governmental permit which requires you to add the governmental entity as an additional insured will trigger this Provision 1.as if the permit were a written contract. 2. BODILY INJURY—EXPANDED DEFINITION SECTION V—DEFINITIONS,the definition of"bodily injury"is changed to read: "Bodily injury"means bodily injury,sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury,sickness or disease. 3. BROAD KNOWLEDGE OF OCCURRENCE!NOTICE OF OCCURRENCE Condition 2. Duties in The Event of Occurrence,Offense, Claim or Suit of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an"occurrence",offense,claim,or"suit"only when the"occurrence",offense, claim or"suit"is known to: (1) You,if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation;or G-18652-J (Ed 07/12) Policy No: • Page 3 Endorsement No: • Effective Date: Insured Name: ©CNA All Rights Reserved. CNA (4) A manager, if you are a limited liability company. B. NOTICE OF OCCURRENCE Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an"occurrence", offense,claim or"suit"and that failure is solely due to your reasonable belief that the"bodily injury"or "property damage"is not covered under this Coverage Part. However,you shall give written notice of this "occurrence", offense, claim or"suit"to us as soon as you are aware that this insurance may apply to such • "occurrence", offense claim or"suit". 4. BROAD NAMED INSURED A. Any subsidiary or affiliate organization,other than a partnership,joint venture or limited liability company, in which a Named Insured specifically shown in the Declarations has management control,directly or through one or more subsidiary organizations, at the time of loss will qualify as a Named Insured but only if there is no other similar insurance available to such organization, nor similar insurance which would be available but for exhaustion of its limits. For the purpose of this provision,similar insurance means general liability or equivalent insurance, no matter whether Its coverage is broader or narrower than that provided by this Insurance. But If the only other similar insurance is for a"consolidated (wrap-up)program",then a subsidiary that qualifies as a Named Insured on such project-specific insurance can still qualify as a Named Insured on this insurance, but not for projects covered by the"consolidated(wrap-up)program". [Please see Item 26.C.of this endorsement for the definition of"consolidated(wrap-up).program".] B. This endorsement does not apply to any organization for which coverage is excluded by another endorsement attached to this policy. C. Only for the purpose of this endorsement: 1. Management control means: a. Ownership Interest representing more than 50%of the voting,appointment, or designation power for the subsidiary organization's governing body;or b. Having the right, pursuant to a written contract,or pursuant to the by-laws,charter,operating agreement,or similar document of a specifically shown Named Insured or controlled subsidiary organization to select,appoint, or designate a majority of the subsidiary organization's governing body. Such contract or document must have been created prior to the time of loss; or c. Having the right, pursuant to a written trust agreement,to protect,control the use of, encumber or transfer and sell property held by a trust. 2. Governing body means the Board of Directors of a corporation. 3. Loss means: a. The occurring of the`bodily injury"or"property damage";or b. The committing of the offense that caused the"personal and advertising injury". D. The insurance provided by this policy applies to Named Insureds when trading under their own names,or under such trading names or doing-business-as(DBA)names as any should choose to employ. 5. BROADENED LIABILITY COVERAGE FOR DAMAGE TO"YOUR PRODUCT"AND"YOUR WORK" A. Under SECTION I—COVERAGE A--BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k.and I. and replace them with the following: [This insurance does not apply to:j k. Damage to Your Product "Property damage"to"your product"arising out of it, or any part of it except when caused by or resulting from: (1) Fire; G-18652-J (Ed 07/12) Policy No: Page 4 Endorsement No: Effective Date: Insured Name: 0 CNA M Rights Reserved. CNA (2) Smoke; (3) Collapse;or • (4) Explosion. I. Damage to Your Work "Property damage"to"your work"arising out of it, or any part of it and included in the"products- completed operations hazard". This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor;or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) Collapse;or (d) Explosion. B. The following paragraph is added to SECTION III—LIMITS OF INSURANCE: Subject to 5.above, $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one"occurrence"because of"property damage"to"your product"and"your work"that is caused by fire,smoke,collapse or explosion and is included within the"product-completed operations hazard". This sublimit does not apply to"property damage"to"your work"if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. C. This Provision 5. Broadened Liability Coverage For Damage To"Your Product"And"Your Work"does not apply if an endorsement of the same name is attached to this policy. 6. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property,the definition of"insured contract"in SECTION V— DEFINITIONS is replaced by the following: "Insured Contract"means: a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an'Insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation,as required by ordinance,to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business(including an indemnification of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for"bodily injury"or"property damage"to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps,shop drawings, opinions, reports, • surveys,field orders,change orders or drawings and specifications;or • G-18652-J(Ed 07/12) Policy No: -- Page 5 Endorsement No: Effective Date: Insured Name: (�CNA All Rights Reserved. CNA (b) Giving directions or instructions, or failing to give them,if that is the primary cause of the injury or damage; (2) Under which the insured, If an architect,engineer or surveyor,assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1)above and supervisory, inspection, architectural or engineering activities. 7. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Under SECTION I—COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion e. Contractual Liability. This provision 7.does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 8. ELECTRONIC DATA LIABILITY A. Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE,Paragraph 2. Exclusions is amended to delete exclusion p.Electronic Data and replace it with the following: [This insurance does not apply to:] p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate"electronic data"that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of"bodily injury". B. The following paragraph is added to SECTION Ill—LIMITS OF INSURANCE: Subject to 5.above, $100,000 is the most we will pay under Coverage A for all damages arising out of any one"occurrence"because of"property damage"that results from physical injury to tangible property and arises out of"electronic data". C. The following definition is added to the SECTION V—DEFINITIONS: "Electronic data" means information,facts or programs stored as or on,created or used on,or transmitted to or from computer software(including systems and applications software), hard or floppy disks,CD-ROMS, tapes,drives,cells,data processing devices or any other media which are used with electronically controlled equipment. D. For the purposes of the coverage provided by this endorsement,the definition of"property damage"in SECTION V—DEFINITIONS Is replaced by the following: 17. "Property damage"means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the"occurrence"that caused it;or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data"shall be deemed to occur at the time of the"occurrence"that caused it. For the purposes of this insurance,"electronic data" is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy,then the$100,000 limit provided by this Provision 8. Electronic Data Liability is part of,and not in addition to, that higher limit. 9. EXPANDED PERSONAL AND ADVERTISING INJURY-DISCRIMINATION OR HUMILIATION A. SECTION V—DEFINITIONS is amended to add the following to the definition of"Personal and advertising injury": G-18652-J (Ed 07/12) Policy No: Page 6 Endorsement No: Effective Date: Insured Name: ®CNA A9 Rights Reserved. CNA h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done Intentionally by or at the direction of: (a) The insured;or (b) Any"executive officer",director, stockholder, partner, member or manager(if you are a limited liability company)of the insured;and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Under SECTION I—COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to add the following additional exclusions: [This insurance does not apply to:] Discrimination Relating To Room,Dwelling or Premises "Personal or advertising injury"caused by discrimination directly or indirectly related to the sale, rental,lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. This provision 9. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 10. EXPECTED OR INTENDED INJURY Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion a.Expected or intended Injury and replace it with the following: [This insurance does not apply to:] a. Expected or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the Insured.This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OP INSURANCE-PER PROJECT A. For each construction project away from premises you own or rent, a separate Construction Project General Aggregate Limit,equal to the amount of the General Aggregate Limit, is the most we will pay for the sum of: 1.All damages under Coverage A, except damages because of"bodily injury"or"property damage" included in the"products-completed operations hazard";and 2.All medical expenses under Coverage C, that arise from"occurrences"or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project Aggregate Limit of any other construction project. B.All: 1.Damages under Coverage B, regardless of the number of locations or construction projects involved; 2.Damages under Coverage A, caused by"occurrences"which cannot be attributed solely to ongoing operations at a single construction project,except damages because of"bodily injury"or"property damage"Included in the"products-completed operations hazard"; and G-18652-J(Ed 07/12) Policy No: Page 7 Endorsement No: Effective Date: Insured Name: 0 CNA All Rights Reserved. CNA 3.Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project Aggregate Limit or the General Aggregate Limit, depending on whether the"occurrence"can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the"products-completed operations hazard"is provided, any payments for damages because of"bodily Injury"or"property damage"included in the"products-completed operations hazard",regardless of the number of locations involved will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. E. If a single construction project away from premises owned by or rented to the insured has beenabandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. F. The provisions of SECTION III—LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS Any action in rem against any vessel owned or operated by or for you,or chartered by or for you will be treated in the same manner as though the action were in personam against you. In rem is a term used to designate actions instituted against the thing, as distinct from actions against the person,which are said to be In personam. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE A. With respect only to"bodily injury"that arises out of a"health care incident", COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY OF SECTION I—COVERAGES is amended to replace Insuring Agreement Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to"bodily injury"only if you are not in the business of providing professional health care services, and only if: (1) The"bodily injury"is caused by an"occurrence"that takes place in the"coverage territory_" For the purpose of this insurance: (a) "Bodily injury"caused by a"health care incident"will be considered caused by an "occurrence"; and (b) All acts, errors or omissions that are logically connected by any common fact,circumstance, situation,transaction,event, advice or decision will be considered to constitute a single "occurrence"; (2) The"bodily injury"occurs during the policy period. All"bodily injury"arising from an "occurrence"will be deemed to have occurred at the time of the first act,error,or omission that is part of the"occurrence"; and B. With respect only to the insurance provided by this Provision 13., Exclusion 2.e. Employer's Liability of SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE, is amended to append the following: Only for"bodily injury"not covered by other liability insurance(including state-sanctioned self insurance) available to the insured (or which would be available but for exhaustion of its limits),this exclusion does not apply to"bodily injury"that arises out of a"health care incident". C. SECTION V—DEFINITIONS is amended to add the following new definition: "Health care incident"means a negligent act,error or omission by your"employees"or"volunteer workers"working on your behalf in the rendering of or failure to render professional health care services G-18652-J(Ed 07/12) Policy No: Page 8 Endorsement No: Effective Date: Insured Name: 0 CNA All Rights Reserved. CNA in any of the following capacities, or the related furnishing of food, beverages, medical supplies or appliances: a. Physician; b. Nurse; c. Emergency medical technician; d. Paramedic; e. Chiropractor; f. Dentist; g. Athletic trainer; h. Audiologist; I. Physical therapist; J. Psychologist; k. Speech therapist; I. Other allied health professional;or m. Provider of first aid or Good Samaritan services rendered in an emergency and for which no payment is demanded or received. D. SECTION I--COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2.Exclusions is amended to add the following additional exclusions.These new exclusions apply only to this Incidental Health Care Malpractice Coverage: [This insurance does not apply to:j Dishonesty or Crime Any dishonest, criminal or malicious act,error or omission. Clinical Trials/Product Testing Acts,errors or omissions that occur in the course of human clinical trials or product testing. Medicare/Medicaid Fraud Medicare or Medicaid fraud or abuse. Services Excluded by Endorsement Any"health care incident"for which coverage is excluded by endorsement. E. SECTION V—DEFINITIONS is amended to add the following subparagraph to Paragraph f.of the definition of"insured contract": Paragraph f.does not include that part of any contract or agreement; (4) Under which you assume another's tort liability for"bodily injury"arising out of the rendering of or failure to render professional health care services. F. SECTION II—WHO IS AN INSURED is amended to add the following provisions: 1. Your"employees"are insureds with respect to: a. "bodily injury"to a co-"employee"while in the course of the co-`employee's"employment by you or while performing duties related to the conduct of your business;and b. "bodily injury"to a"volunteer worker"while performing duties related to the conduct of your business; when such"bodily injury"arises out of a"health care Incident". G-18652-J (Ed 07/12) Policy No: • • Page 9 Endorsement No: Effective Date: Insured Name: ®CNA All Rights Reserved. • • • CNA 2. Your"volunteer workers"are insureds with respect to: a. "bodily injury"to a co-"volunteer worker"while performing duties related to the conduct of your business; and b. "bodily injury"to an"employee"while in the course of the"employee's"employment by you or while performing duties related to the conduct of your business; when such"bodily injury"arises out of a"health care incident". 3. Paragraphs 2.a.(1)(a), (b)and(c)of SECTION II—WHO IS AN INSURED do not apply to"bodily injury" for which insurance is provided this Provision 13. 4. Paragraph 2.a.(1)(d)of SECTION 11—WHO IS AN INSURED is deleted. G. With respect to the insurance provided by this Provision 13., the following is added to Paragraph 4.b.(1)of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: To the extent this insurance applies,it is excess over any of the other insurance(including qualified self insurance),whether primary,excess,contingent or on any other basis,except for insurance purchased specifically by you to be excess of this policy. 14. JOINT VENTURES 1 PARTNERSHIP/LIMITED LIABILITY COMPANIES A. The following is added to SECTION II—WHO IS AN INSURED: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period,but only to the extent of your interest in such joint venture, partnership or limited liability company.This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; b. If there is other valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company;or a. To a joint venture, partnership or limited liability company which is or was insured under a "consolidated(wrap-up)insurance program". [Please see Item 26.C.of this endorsement for the definition of"consolidated(wrap-up) program".] B. The last paragraph of SECTION Il—WHO IS AN INSURED is deleted and replaced by the following: Except as provided under the Contractors'General Liability Extension Endorsement or by the attachment of another endorsement(if any), no person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 15. LEGAL LIABILITY/ALIENATED PREMISES/BORROWED EQUIPMENT • A. Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE,Paragraph 2. Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: [This insurance does not apply to:] j. Damage to Property "Property damage"to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the"property damage"arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; G-18652-1(Ed 07/12) Policy No: Page 10 Endorsement No: Effective Date: • Insured Name: CNA All Rights Reserved. CNA (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the"property damage"arises out of those operations;or (6) That particular part of any property that must be restored,repaired or replaced because"your work"was incorrectly performed on it. Paragraph(2)of this exclusion does not apply if the premises are"your work". Paragraphs(3)and(4)of this exclusion do not apply to"property damage"to tools or equipment loaned to you. A separate limit of insurance applies to such tools or equipment that are damaged while being used in your operations. Paragraphs(1),(3).and (4)of this exclusion do not apply to"property damage"(other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III—LIMITS OF INSURANCE, Paragraphs(3), (4), (5)and(6)of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph(6)of this exclusion does not apply to"property damage"included in the"products-completed operations hazard". B. Under SECTION I--COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE the last paragraph of Paragraph 2.Exclusions is deleted and replaced by the following. Exclusions c.through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in SECTION Ill—LIMITS OF INSURANCE. C. The following paragraph is added to SECTION III—LIMITS OF INSURANCE: Subject to 5.above, $25,000 is the most we will pay under Coverage A for damages arising out of any one "occurrence" because of'property damage"to tools or equipment loaned to you by others that occurs while the equipment is being used to perform operations. D. Paragraph 6.Damage To Premises Rented To You Limit of SECTION III--LIMITS OF INSURANCE is replaced by the following: 6. Subject to Paragraph 5.above, (the Each Occurrence Limit),the Damage To Premises Rented To You Limit is the most we will pay under SECTION—I—COVERAGE A for damages because of"property damage"to any one premises while rented to you or tern porarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a. $500,000;or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii)of SECTION IV--COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (ii) That is property insurance for premises rented to you,for premises temporarily occupied by you with the permission of the owner;or for personal property of others in your care, custody or control; F. This Provision 15.does not apply if Damage To Premises Rented To You Liability under SECTION—I— COVERAGE A is excluded by endorsement. G-18652-J (Ed 07/12) Policy No: Page 11 Endorsement No: Effective Date: Insured Name: CNA All Rights Reserved. • • CNA 16. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge,your policy will automatically provide the additional coverage as of the date the revision Is effective in your state. 17. LIQUOR LIABILITY Under SECTION I--COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion c. Liquor Liability. This provision 17.does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 18. MEDICAL PAYMENTS A. Paragraph 7.Medical Expense Limit,of SECTION III—LIMITS OF INSURANCE is deleted and replaced by the following: 7. Subject to Paragraph 5.above(the Each Occurrence Limit),the Medical Expense Limit is the most we will pay under SECTION—I—COVERAGE C for all medical expenses because of"bodily injury" sustained by any one person.The Medical Expense Limit Is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. Paragraph 1.a.(3)(b)of SECTION I—COVERAGE C MEDICAL PAYMENTS, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident;and This paragraph B.does not apply to medical expenses incurred in the state of Missouri. 19. NON-OWNED AIRCRAFT Under SECTION I—COVERAGE A--BODILY INJURY AND PROPERTY DAMAGE LIABILITY.Paragraph 2. Exclusions is amended such that exclusion g.Aircraft,Auto or Watercraft does not apply to an aircraft you do not own,provided that: 1. The pilot In command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2. The aircraft is rented to you with a trained, paid crew;and 3. The aircraft does not transport persons or cargo for a charge. 20. NON-OWNED WATERCRAFT Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete subparagraph(2)of exclusion g.Aircraft,Auto or Watercraft and replace it with the following. [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long;and (b) Not being used to carry persons or property for a charge. 21. PRIMARY AND NON-CONTRIBUTORY TO OTHER INSURANCE With respect to any person or organization that is an additional insured under this Coverage Part,the following is added to Paragraph 4.of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: If you have agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary and we will not seek contribution G-18652-J (Ed 07/12) Policy No: Page 12 Endorsement No: Effective Date: Insured Name: 0 CNA All Rights Reserved. • CNA from that other insurance. For the purpose of this Provision 21.,the additional insured's own Insurance means insurance on which the additional insured is a Named Insured. This Provision 21. does not apply In situations where the endorsement on this policy affording coverage to the additional insured specifies that this insurance is excess over any other insurance available to that additional insured. 22. PROPERTY DAMAGE—ELEVATORS A. Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended such that exclusion k. Damage to Your Product, and subparagraph(3),(4)and(6) • of exclusion j. Damage to Property do not apply"property damage"that results from the use of elevators. B.With respect only to the coverage provided by this endorsement, Condition 4.Other Insurance in SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph b.(1)(a)(v): 4. Other Insurance b. Excess Insurance (1)This insurance is excess over: (a)Any of the other insurance, whether primary, excess,contingent or on any other basis: (v)That is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS A. Under Section I—Supplementary Payments—Coverages A and B, Paragraph 1.b.,the limit of$250 shown for the cost of bail bonds is replaced by$5,000: B. In Paragraph 1.d.,the limit of$250 shown for daily loss of earnings is replaced by$1,000. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If unintentionally you should fail to disclose all existing hazards at the inception date of your policy,we will not deny coverage under this Coverage Part because of such failure. ()WAIVER OF SUBGROGATION-BLANKET Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,The Transfer Of Rights Of Recovery Against Others To Us Condition Is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations;or 2. "Your work" included in the"products-completed operations hazard°. However,this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy;and 2. Was executed prior to loss. 26. WRAP-UP EXTENSION: OWNER CONTROLLED INSURANCE PROGRAM,CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED(WRAP-UP) INSURANCE PROGRAMS Note:The following provision does not apply to any public construction project in the state of Oklahoma,nor to any construction project in the state of Alaska,that is not permitted to be insured under a"consolidated(wrap- up)insurance program"by applicable state statute or regulation: G-18652-J (Ed 07/12) Policy No: Page 13 Endorsement No: Effective Date: Insured Name: ®CNA All Rights Reserved. CNA. If the endorsement EXCLUSION—CONSTRUCTION WRAP-UP or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs(O.C.I.P.)or Contractor Controlled Insurance Programs (C.C.I.P.) is attached to this policy,then the following changes apply: • A. The following wording is added to the endorsement: With respect to a"consolidated(wrap-up)insurance program" project in which you are or were Involved,this exclusion does not apply to those sums you become legally obligated to pay as damages because of: 1. "Bodily injury","property damage",or"personal or advertising injury"that occurs during your ongoing operations at the project, or during such operations of anyone acting on your behalf; nor 2, "Body injury"or"property damage"included within the"products-completed operations hazard"that arises out of those portions of the project that are not"residential structures". B. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph 4.b.(1)(c)to Condition 4.Other Insurance: [This insurance is excess over:] (c) Any of the other insurance whether primary, excess,contingent or any other basis that is insurance available to you as a result of your being a participant in a"consolidated (wrap-up)insurance program", but only as respects your involvement in that"consolidated (wrap-up)insurance program". C. SECTION V—DEFINITIONS is amended to add the following definition: "Consolidated(wrap-up)insurance program"means a construction,erection or demolition project for which the prime contractortproject manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project,such as an Owner Controlled Insurance Program(O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.). "Residential structure"means any structure where 30%or more of the square foot area is used or is intended to be used for human residency including but not limited to single or multifamily housing, apartments, condominiums,townhouses, co-operatives or planned unit developments and also includes their common areas and/or appurtenant structures(including pools,hot tubs, detached garages,guest houses or any similar structures).When there is no individual ownership of units, residential structure does not Include military housing,college/university housing or dormitories, long term care facilities, hotels,or motels. Residential structure also does not include hospitals or prisons. This provision 26.does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage 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-18852-J(Ed 07/12) Policy No: Page 14 Endorsement No: Effective Date: insured Name: CNA All Rights Reserved. • CNA BLANKET 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.) Locations of Covered Operations (As per the`written contract", provided the location is within the"coverage territory" of this Coverage Part.) A. Section II-Who Is An Insured is amended to include as an additional insured: 1.Any person or organization whom you are required by"written 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 performance of your ongoing operations specified in the"written contract";or b. "Your work"that 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 1010 01), or via the 10101 edition of GG2037(aka CG 20 3710 01),or via the 11/85 edition of CG2010(aka CG 20 10 11 85),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 limit 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, whichever is less. G-140331-D(Ed. 01/13) Policy No:C6017022425 Page 1 Endorsement No: Effective Date: 05/01/15 Insured Name: Haeber Roofing Company ®CNA All Rights Reserved. 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 Insured. . 5. The insurance provided to the additional insured does 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 failing 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 specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV—COMMERCIAL.GENERAL LIABILITY CONDITIONS is amended as follows: 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 claim or"suit"under this insurance, and of any claim or"suit"that does result; (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 with us in the investigation, defense,or settlement of the claim or"suit";and (4) Tender the defense and indemnity of any claim 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 be 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 the 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 written 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 injury', for which the additional insured seeks coverage under this Coverage 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: ®CNA All Rights Reserved. Haeber Roofing Company Policy: C6017022442 CNA63359XX CNA Effective Date:05/01/15 (Ed.04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE name, with your permission, while performing duties related to the conduct of your business. A. Who Is An Insured "Policy," as used in this provision A. Who Is An The following is added to Section II, Paragraph Insured, includes those policies that were in force A.1.,Who Is An Insured: on the inception date of this Coverage Form but: 1. a. Any incorporated entity of which the 1. Which are no longer in force;or Named Insured owns a majority of the 2. Whose limits have been exhausted. voting stock on the date of inception of this Coverage Form; provided that, B. Bail Bonds and Loss of Earnings b. The insurance afforded by this provision Section II, Paragraphs A.2. (2) and A.2. (4) are A.1. does not apply to any such entity revised as follows: that is an "insured" under any other liability"policy"providing"auto"coverage. 1. In a.(2), the limit for the cost of bail bonds is 2. Any organization you newly acquire or form, changed from$2,000 to$5,000; and other than a limited liability company, 2. In a.(4), the limit for the loss of earnings is partnership or joint venture, and over which changed from$250 to$500 a day. you maintain majority ownership interest. C. Fellow Employee The insurance afforded by this provision A.2.: Section II,Paragraph B.5 does not apply. a. Is effective on the acquisition or formation Such coverage as is afforded by this provision C. date, and is afforded only until the end of is excess over any other collectible insurance. the policy period of this Coverage Form, or the next anniversary of its inception II. PHYSICAL DAMAGE COVERAGE date,whichever is earlier. A. Glass Breakage - Hitting A Bird Or Animal - b. Does not apply to: Falling Objects Or Missiles (1) "Bodily injury" or "property damage" The following is added to Section III, Paragraph Icaused by an "accident" that A.3.: s occurred before you acquired or With respect to any covered "auto,"any deductible formed the organization;or shown in the Declarations will not apply to glass g (2) Any such organization that is an breakage if such glass is repaired, in a manner "insured" under any other liability acceptable to us,rather than replaced. "policy"providing"auto"coverage. B. Transportation Expenses 3. Any person or organization that you are Section III, Paragraph A.4.a. is revised, with required by a written contract to name as an respect to transportation expense incurred by you, additional insured is an "insured" but only with to provide: respect to their legal liability for acts or omissions of a person, who qualifies as an a. $60 per day, in lieu of$20;subject to c "insured" under Section II - Who Is An — Insured and for whom Liability Coverage is b. $1,800 maximum,in lieu of$600. afforded under this policy. If required by C. Loss of Use Expenses written contract, this insurance will be primary and non-contributory to insurance on which Section III, Paragraph A.4.b. is revised, with the additional insured is a Named Insured. respect to loss of use expenses incurred by you, to provide: — 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a a. $1,000 maximum,in lieu of$600. contract or agreement in that "employee's" CNA63359XX Copyright,CNA Corporation,2000. Page 1 of 3 (Ed.04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed.04/12) D. Hired"Autos" d. A $100 per occurrence deductible applies to The following is added to Section III. Paragraph the coverage provided by this provision. A.: G. Diminution In Value 5. Hired"Autos" The following is added to Section III, Paragraph If Physical Damage coverage is provided under B.6.: this policy, and such coverage does not extend to Subject to the following, the "diminution in value" Hired Autos, then Physical Damage coverage is exclusion does not apply to: extended to: a. Any covered "auto" of the private a. Any covered "auto" you lease, hire, rent passenger type you lease, hire, rent or or borrow without a driver, and borrow, without a driver for a period of 30 b. Any covered "auto" hired or rented by days or less, while performing duties your"employee" without a driver, under a elated to the conduct of your business;and contract in that individual "employee's" name, with your permission, while b. Any covered "auto" of the private performing duties related to the conduct passenger type hired or rented by your of your business. "employee"without a driver for a period of c. The most we will pay for any one 30 days or less, under aa contract in that "accident" or "loss" is the actual cash individual "employee's name, with your value, cost of repair, cost of replacement permission, while performing duties or $75,000, whichever is less, minus a related to the conduct of your business. $500 deductible for each covered auto. c. Such coverage as is provided by this No deductible applies to"loss" caused by provision is limited to a "diminution in fire or lightning. value" loss arising directly out of d. The physical damage coverage as is accidental damage and not as a result of provided by this provision is equal to the the failure to make repairs; faulty or incomplete maintenanceubor repairs; or the physical damage coverage(s) provided on installation of substandard parts. your owned "autos." e. Such physical damage coverage for hired d. The most we will pay for "loss" to a "autos"will: covered "auto" in any one accident is the lesser of: (1) Include loss of use, provided it is the consequence of an "accident" for (1) $5,000; or which the Named Insured is legally (2) 20%of the "auto's"actual cash value liable, and as a result of which a (ACV). monetary loss is sustained by the III. Drive Other Car Coverage—Executive Officers leasing or rental concern. (2) Such coverage as is provided by this The following is added to Sections II and III: provision will be subject to a limit of 1. Any "auto" you don't own, hire or borrow is a $750 per"accident." covered "auto" for Liability Coverage while being E. Airbag Coverage used by, and for Physical Damage Coverage while in the care,custody or control of, any of your The following is added to Section III, Paragraph "executive officers,"except: B.3.: a. An "auto" owned by that"executive officer"or The accidental discharge of an airbag shall not be a member of that person's household; or considered mechanical breakdown. b. An "auto" used by that "executive officer" F. Electronic Equipment while working in a business of selling, Section III, Paragraphs B.4.c and B.4.d. are servicing, repairing or parking"autos." deleted and replaced by the following: Such Liability and/or Physical Damage Coverage c. Physical Damage Coverage on a covered as is afforded by this provision. "auto" also applies to "loss" to any (1) Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered"auto";and including its antennas and other accessories. CNA63359XX Copyright,CNA Corporation,2000. Page 2 of 3 (Ed.04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed.04/12) (2) Excess over any other collectible damage, against any person or organization for insurance. whom or which you are required by written 2. For purposes of this provision, "executive officer" contract or agreement to obtain this waiver from means a person holding any of the officer us. positions created by your charter, constitution, by- This injury or damage must arise out of your laws or any other similar governing document, activities under a contract with that person or and, while a resident of the same household, organization. includes that person's spouse. You must agree to that requirement prior to an Such "executive officers" are "insureds" while "accident"or"loss." using a covered "auto"described in this provision. C. Concealment, Misrepresentation or Fraud IV. BUSINESS AUTO CONDITIONS The following is added to Section IV, Paragraph A. Duties In The Event Of Accident, Claim, Suit Or B.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section IV, Paragraph of inception of this Coverage Form shall not prejudice A.2.a.: you with respect to the coverage afforded provided (4) Your "employees" may know of an such failure or omission is not intentional. "accident" or "loss." This will not mean D. Other Insurance that you have such knowledge, unless The following is added to Section IV, Paragraph such "accident" or"loss" is known to you B.5.: or if you are not an individual, to any of your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a. insurance manager. and 5.d. above, the coverage provided by this The following is added to Section IV, Paragraph policy shall be on a primary non-contributory A.2.b.: basis. This provision is applicable only when required by a written contract. That written (6) Your "employees" may know of contract must have been entered into prior to documents received concerning a claim "Accident"or"Loss." or"suit."This will not mean that you have E. Policy Period,Coverage Territory such knowledge, unless receipt of such documents is known to you or if you are Section IV, Paragraph B. 7.(5).(a). is revised to not an individual,to any of your executive provide: officers or partners or your insurance manager. a. 45 days of coverage in lieu of 30 days. P. B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS To Us Section V. Paragraph C. is deleted and replaced by The following is added to Section IV, Paragraph the following: A.5. Transfer Of Rights Of Recovery Against "Bodily injury"means bodily injury, sickness or disease Others To Us: sustained by a person, including mental anguish, We waive any right of recovery we may have, mental injury or death resulting from any of these. because of payments we make for injury or CNA63359XX Copyright,CNA Corporation,2000, Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. r l 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 3.A. at 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: 3 0 2. Notice will be mailed t0: 3 0 DAY NOTICE OF CANCELLATION APPLIES TO ALL ENTITIES ON LIST MAINTAINED ON FILE BY COMPANY. 0 0 O • Yf Swi s� n pmf MEM This endorsement oranges the policy to which ft is attached and la effective On the date Issued unless oche wise stated. (The intonation below Is required only when this endorsement is Issued subsequent to preparation of the policy.) mma Endorsement Eflactive 05/01/15 Pollcy No. wC 6 017 0 2 2 4 7 3 Endorsanwnt trio. MI Insured Haeber Roofing Company PIm$ k>Arranoe Company Countersigned by, WC 420601 (Ed.7-84) • • Haeber Roofing Company POLICY NUMBER: C 601702 242 5 COMMERCIAL GENERAL LIABILITY Effective Date: 05/01/15 CG02051204 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 PRODUCTSICOMPLETED 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 to: SCHEDULE 1. Name: 'per schedule on file' 2. Address: Cancellation notification to the above entities will not apply to cancellation for non payment of premium 3.1 Number of days advance notice:03 0 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. a sem mom CG 02 OS 12 04 Copyright,ISO Properties,Inc.,2003 Page 1 oI 1 G-30 CNA (Ed.�t ) 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 date of the policy unless another date is indicated below: Endorsement Effective 05/01/15 Policy Number C6017022442 -NamedInsured Haeber Roofing Company Countersigned by (Authorized Representative) 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 to: SCHEDULE 1.Number of days advance notice: 30 co 2.Name: 30 DAY NOTICE OP CANCELLATION APPLIES 3.Address: TO PER LIST MAINTAINED ON PILE BY COMPANY 0 OMB s C �.e a G 00680 A Page 1 of 1 (Ed.06/08)