Loading...
HomeMy WebLinkAboutC2015-111 - 9/16/2015 - NA 2015-111 9/16/15 SPECIAL PROVISION Alpha Building Corporation SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR GAS DEPT . DIGITAL BILLBOARD J • O • C • FOR GAS DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/885-6500 FAX: 361/853-3200 AND DEPARTMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/826-3550 FAX: 361/880-3501 PROJECT NO: E15153 DRAWING NO: 0 I SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR L GAS DEPT . DIGITAL BILLBOARD J . O . C . I FOR GAS DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/885-6500 FAX: 361/853-3200 I AND DEPARTMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/826-3550 FAX: 361/880-3501 I I PROJECT NO: E15153 DRAWING NO: 0 GAS DEPT. DIGITAL BILLBOARD PN: E15153 (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 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 [110 A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A 17 Field Office NOT USED C: A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification 1: A 21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required C: A-24 Surety Bonds A 25 Sales Tax Exemption (NO LONCER APPLICABLE) (6/11/98) A-26 Supplemental Insurance Requirements 27 Responsibility for Damage Claims (NOT USED) A 28 Considerations for Contract Award and Execution LA A Contractor's Field Administration Staff A 30 Amended "Consideration of Contract" Requirements Lit A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents A-36 Other Submittals A 37 Amended "ATrangqpent and Charge for Water Furnished by the City" (NOT USED) A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities [11 A 39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates A 41 Ozone Advisory A-42 OSHA Rules & Regulations IN A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings I D oo - o o - o - -o - - '5/00) (NOT USED) A-48 Overhead Electrical Wires A-49 Amended "Maintenance Guaranty" (8/24/00) 11 A-50 Amended Prosecution and Progress A 51 Electronic Submittal of Bids (NOT USED) A-52 Value Engineering 1 A-53 Dust Control A 54 Dewatering and Disposal (NOT USED) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART D FEDERALLY REQUIRED L2NCUACE PART S - STANDARD SPECIFICATIONS 030020 Portland Cement Sheet 1 of 13 032020 Reinforcing Steel Sheet 1 of 6 3 PART T TECHNICAL SPECIFICATIONS EXHIBITS Advantage LED Signs Sheet 1 of 4 S IST OF DRAWINGS NOTICE AGREEMENT PROPOSAL PERFORMANCE BOND PAYMENT BOND DISCLOSURE NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS C NOTICE TO CONTRACTORS - A [. INSURANCE REQUIREMENTS REVISED MARCH, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE hr 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Et Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4 . Underground Hazards 5. Products/ Completed Operations $ 2, 000, 000 COMBINED SINGLE LIMIT Hazards him 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY -- OWNED NON-OWNED OR RENTED $1, 000, 000 COMBINED SINGLE LIMIT it WORKERS' COMPENSATION WHICH COMLIES WITH THE TEXAS WORKERS' !: COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500, 000 EXCESS LIABILITY $1, 000, 000 COMBINED SINGLE LIMIT $2, 000, 000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE. Not limited to sudden & accidental ❑ REQUIRED discharge; to include long-term enviornmental impact for the disposal ED NOT REQUIRED of contaminants. See Section b-6-11 and Supplemental Insurance requirements BUILDER'S RISK ❑ REQUIRED C: ❑ NOT REQUIRED See Section b-6-11 and Supplemental Insurance requirements INSTALLATION RISK ❑ REQUIRED 0 NOT REQUIRED PAGE 1 OF 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826-3500. :1 11 :1 11 PAGE2OF2 L NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE f REQUIREMENTS L L L Texas Administrative Code bre TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS ' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES be RULE §110 . 110 Reporting Requirements for Building or Construction Projects for Governmental Entities im (a) The following words and terms, when used in this rule, shall have the following meanings,unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. , (1) Certificate of coverage (certificate) --A copy of a certificate of insurance, a certificate authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84) , showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. [0 (2) Building or construction--Has the meaning defined in the Texas Labor Code, §406.096 (e) (1) . !"0 (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011 (44) . [0 (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC- ES 83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the tiogovernmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act) 110 -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 3 o f 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. [a Page 1 of 8 L (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. 11 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. II (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of thisII subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and ji to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and 3 contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the 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 /40 (4) obtain from each person providing services on a project, and provide to the governmental entity: [fio (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 110 (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy ['s other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a I�w 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; [0 (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 [10 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 [0 contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and [0 (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and Page 3 of 8 L. (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) - (H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll Al 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; II (3) have the following language in its contract to provide services on the project: li "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 11 project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. " (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the :I certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing 4011 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, li of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll 411 amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; 3 (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; 11(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; 11 Page 4 of 8 (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and ho (ii) prior to the end of the coverage period, a new certificate of coverage [10 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; 6 (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 Li change that materially affects the provision of coverage of any person providing services on the project; and L (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) - (G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this [11 rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994 . This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to 1: 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. ID 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 I L L 10I Page 5 of 8 I 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 11 labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " 11"Call the Texas Workers ' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " 11 11 3 3 3 Page 6 of 8 1. T28S110.110 (c) (7) L. Article . Workers ' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84) , showing statutory workers ' compensation insurance coverage for the person 's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person 's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406. 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, r without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office to 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 Litduring the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and 6 provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so fir the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or 1. 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. L Page 7 of 8 H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers ' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401. 011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and :1 (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. :I J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers ' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission 's Division of SelfPage 11 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 8 of 8 F err F tap '60 L hip PART A P SPECIAL PROVISIONS r I I I I c GAS DEPT. DIGITAL BILLBOARD PN: E15153 SECTION A - SPECIAL PROVISIONS S- cdlcd proposals will be rcccivcd in conformity with thc official advertisement inviting bids for thc project. Proposals will be rcccivcd in thc office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Strcct, until 2:00 p.m. , to City of Corpus Christi City Secretary's Office 1201 Leopard Strcct Corpus Christi, Texas 78401 ATTN: BID PROPOSAL N/A A pre bid mccting will be held on INSERT DAY HERE, INSERT DATE HERE, beginning at INSERT TIME HERE. The mccting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Strcct, Corpus Christi, TX. and will include a cs d- iscussion of the project elements. If requested, a site visit will follow. A- -2 Definitions and Abbreviations Section B-1 of the General Provisions will govern 111. A-3 Description of Project This project will consist of the demolition of an existing static billboard and the supporting steel column post. Upon completion of the demolition and removal of debris, a new concrete footing will be poured along with new 24 inch support pole and the installation of a new two sided digital billboard as well as the electrical hook-ups and programming. L A-4 Method of Award it The contract is awarded as a Job Order Contract (J.O.C. ) and prices established through the use of RSMeans cost pricing. 10 A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: • �► CONTRACT (JOC) iii 2. Disclosure of Interests Statement 3. Submittal of Materials L 61,, 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 110 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Capital Programs or designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the 11 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. !I Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its :1 employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. :1 A-9 Acknowledgment of Addenda The Contractor shall acknowledge rcccipt of all addenda received in the appropriate apace provided in the proposal. Failure to do co will be interpreted as non rcccipt. €ince addenda can have significant impact on the proposal, failure to acknowledge rcccipt, and a subsequent interpretation of non rcccipt, could have an adverse effect when determining the lowest responsible bidder. 3 Section A-SP :1 (revised 12/15/04) Page 2 of 22MR LA-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. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly is 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 to 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 L laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals. ) 10 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. ) rr 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- /to 800-828-5127 . For the Contractor's convenience, the following telephone numbers are listed. OP City Engineer 361-826-3500 Project Manager 361-826-3550, 826-3550 Traffic Engineering 880-3540 Police Department 882-1911 Water Department 857-1881 (880-3140 after hours) Wastewater Department 857-1800 (880-3140 after hours) to Gas Department 885-6900 (885-6900 after hours) Storm Water Department 826-1875 (880-3140 after hours) Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1970 A E P 1-877-373-4058 (693-9444 after hours) 610 S B C 881-2511 (1-800-824-4424,after hours) City Street Div. for Traffic Signal/Fiber Optic Locate 826-1946 857-1960 (�w 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) [1. 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) Page 3 of 22 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and1/ complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. !I Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc. ) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of 411 sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is IA 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 necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible :1 material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. Section A-SP11 (revised 12/15/04) Page 4 of 22 10 A-15 Excavation and Removals NOT USED The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. 1: All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc. , are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no 110 direct payment will be made to Contractor. A-16 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 tOContractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. [11 A-17 Field Office NOT USED The Contractor must furnish the City Engineer or his representative with a field office at the construction site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or IP his representative. The field office must be furnished with a telephone (with 24-hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. 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 lo Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- 1111 Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4 . Re-Submission: Revise and resubmit as required by the City Engineer. lir 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. 6. L Section A-SP (revised 12/15/04) Page 5 of 22 A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control ofI/ the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours 411 notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed linc and grade to properly Execute the work, the Contractor shall obtain approval of the City or11 Consultant Project Enginccr prior to deviation. If, in the opinion of the City or Consultant Project Enginccr, the required 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. 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 m asuring of the completed work. The Contractor shall provide the following certifi ation 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 11 Registered Professional Land Survey (R.P.L.S. ) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: - All curb returns at point of tangency/point of circumference - Curb and gutter flow line both side of street on a 200' interval; - Strcct crowns on a 200' interval and at all intersections. Wastewater: 71/ - All rim/invert elevations at manholes; - All intersecting lines in manholes; - Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Water: - All top of valve box; • Valve vaults rim; - Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Stormwatcr: - All rim/invert elevations at manholes; :1 - All intersecting lines in manholes; Section A-SP (revised 12/15/04) Page 6 of 22 A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory to selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Project Signs The Contractor must furnish and install 1 Project signs as indicated on the following !! drawings. (Attachment IV) The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the 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 t: 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, IS 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. h 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 Lik Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned to (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. 10 (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) . [IsSection 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, 3 interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. 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 11 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) 451 15% b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. :_ 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. Section A-SP (revised 12/15/04) Page 8 of 22 !! 1 t's 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. JO Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. 14 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 r- 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, 414 including water/wastewater meter fees and tap fees as required by City. LA-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follow Is "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 [4 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 14 reinsurer (s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100, 000 the bond must be executed by a Surety company that is certified by the United ti 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 14 Register as holding certificates of authority on the date the bond was issued. " be Lis I Section A-SP (revised 12/15/04) Page 9 of 22 6 A-25 Sales Tax Exemption (NOT USED) Section B-6-22, Tax Exemption Provision, is deleted in its entirety and the following substituted in lieu thereof. Contracts for improvements to real property awarded by the City of Corpus Christi do not qualify for exemptions of Sales, Excise, and Use Taxes unless the Contractor elects to operate under a separated contract as defined by Section 3.291 of Chapter 3, Tax Administration of Title 34, Public Finance of the Texas Administrative Code, or such other rules or regulations as may be promulgated by the Comptroller of Public Accounts of Texas. If the Contractor elects to operate under a separated contract, he shall: Obtain the necessary sales tax permits from the State Comptroller. Charges" in the proposal form the cost of materials physically incorporated into 14111 the Project. a- Provide resale certificates to suppliers. 4, Provide the City with copies of material invoices to substantiate the proposal value of materials. ji If the Contractor does not elect to operate under a separated contract, he must pay for all Sales, Excise, and Use Taxes applicable to this Project. Subcontractors are eligible for sales tax exemptions if the subcontractor also complies with the above requirements. The Contractor must issue a resale certificate to the subcontractor and the subcontractor, in turn, issues a resale certificate to his supplier. j1 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: 1. Name: City of Corpus Christi Department of Capital Programs Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the 11 Project described in the Contract. Section A-SP11 (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: 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, tow 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 EMw 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 1: indemnified hereunder. A-27 Responsibility for Damage Claims NOT USED 6. Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Lir Contractor must provide Builder's Risk-or-Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk-or-Installation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk-or-Installation Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A,-28 Considerations for Contract Award and Execution IP To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 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 IsWhether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no latcr than nincty (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying L hr Section A-SP (revised 12/15/04) Page 11 of 22 A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: I/ 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 11 The superintendent shall be present, on the job site, at all times that work is being performed 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The 11 Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. 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 11 obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: :1 A list of the major components of the work; -- A list of the products to be incorporated into the Project; -- A schedule of values which specifies estimates of the cost for each major component of the work; 4— A schedule of anticipated monthly payments for the Project duration. • The names and addresses of MBE firms that will participate in thc Contract, along with a description of thc work and dollar amount for ach firm; and substantiation, either through appropriate certifications by federal agencies or contained herein. Similar substantiation will be required if thc Contractor is an MBE. If thc responses do not clearly chow that MBE participation will meet thc requirements above, the bidder must clearly demonstrate, to the satisfaction of -- _-o --- , _ ::-: faith cffo-rt has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. Section A-SP (revised 12/15/04) Page 12 of 22 !: A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform lo the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the E. City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. toIn the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the ['s replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8- Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. - Documentation as required by Special ecial Provision A-35-K, if applicable. PP 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e. , Texas (or other state) Corporation or hi Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. ba A-31 Amended Policy on Extra Work and Change Orders 10 Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Capital Programs or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25, 000.00. The Contractor acknowledges that any change orders in an amount in excess of $25, 000.00 must also be approved by the City Council. le A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: E. 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. ES I Section A-SP (revised 12/15/04) Page 13 of 22 ir. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attcnd the Prc Bid Meeting referred to in Special Provision A-1. 11 A-34 Precedence of Contract Documents 1/ In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth 111 precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc. , the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable) , construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A i W r F flit' - - •Lit m n (NOT USED) A— Visitor/Contractor Oricntation Prior to performing work at any City water facility, the Contractor, his subcontractors, and each of thcir employees must havc on thcir person a valid card ccrtifying thcir prior attcndancc at a Visitor/Contractor ,safety Orientation Program conducted by the City Water Dcpartmcnt Personnel. A Visitor/Contractor Safety Orientation Program will be offered by authorized City Water Dcpartmcnt personnel for those persons who do not have such a card, and who desire to perform any work within any City water facility. For additional information refer to Attachment 11 Operation of City Owncd Equipment The Contractor shall not start, operate, or atop any pump, motor, valve, equipment, switch, breaker, control, or any other item related to City water facility at any time. All such items must be operated by an operator or other authorized maintenance employee of the City Water Department. Protection of Water Ouality The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the job 11 site and shall coordinate its work with the City Water Dcpartmcnt to protect the quality of the water. Conformity with ANSI/NSF Standard 61 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any other items, which could come into contact with potable water, must conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. 111 immediately prior to uac. Section A-SP (revised 12/15/04) Page 14 of 22 The Contractor shall providc thc Enginccr with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into contact with potable water. Pr Handling and Dispooal of Tra3h All trash gcncratcd by thc Contractor or his cmployccs, agents, or subcontractors, must bc contained at all times at thc water facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. CONTRACTOR'S ON BITE PREPARATION Contractor's personncl must wcar colored uniform overalls other than Contractor shall providc telephones for Contractor personncl. Plant 14, Working hours will bc 7:00 A.M. to 5:00 P.M. , Monday thru Friday. r- Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilities. Wit All Contractor vehicles must be parked at designated site, as dcsignatcd t: by City Water Dcpartmcnt staff. All Contractor vehicles must be cl arly labeled with company name. No private employee vehicles arc allowed at O. N. Stevens Water Treatment Plant. All personncl must be in company vehicles. During working hours, contractor cmployccs must not leave the [0 dcsignatcd construction ar a nor wander through any buildings other than for required work or as directed by City Water Dcpartmcnt personncl during emergency evacuation. 14, Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACQUISITI 111���rrr�� Any work to the computer based monitoring and control system must be to performcd only by qualified technical and supervisory personncl, 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. 10 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 projects. He has been actively cngagcd in the type of work spccificd 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. [40 &, . . completed a manufacturer's training course in configuring and implementing the specific computers, RTUS's, and software proposed for the Contract. is Section A-SP (revised 12/15/04) [: Page 15 of 22 { He maintains a permanent, fully staffed and cquippcd service facility within 400 miles of the Project sitc to maintain, rcpair, calibratc, and program the systems specified herein. 11 He shall furnish equipment which is the product of one 1/ manufacturer to the maximum practical extent. Whcrc this is not practi 1, all cquipmcnt of a given type will be the product of one manufacturer. g— Prior performance at the 0. N. Stevens Water Tr atment Plant will be used in evaluating which Contractor or subcontractor programs the new work for this Project. s}_ The Contractor shall produce all filled out programming blocks rcquircd to show the programming as needed and required, to add these two systems to the existing City SCADA system. Attached is an example of the rcquircd programming . .- -- -- requires to be filled in and given to the City Engineer with all changes made during the programming phase. The attached sheet is an example and is not intended to show all of the rcquircd sheets. The Contractor will provide 11 p g Q blocks used. Trenching Requirements All trenching for this project at the 0. N. Stevens Water Treatment Plant shall be performed using a backhoe or hand digging due to the number of existing underground obstructions. No trenching machines shall be allowed on the project. A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b— Reproducibles: In addition to the rcquircd copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number (s) , and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. Section A-SP (revised 12/15/04) Page 16 of 22 3 t: f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. [: h• Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 1 Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. [: j . Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED Under "General Provisions and Requirements for Municipal Construction Contracts", B-6- 15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan") . This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction. " 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 to Special Provision. A-39 Certificate of Occupancy and Final L The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-8-9. ce, +,-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 proposal. A-42 OSHA Rules & Regulations I/ 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 11 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 11 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 11 changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. Section A-SP (revised 12/15/04) Page 18 of 22 1/ A-47 Pre-Construction Exploratory Excavations (7/5/00) NOT USED r Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20-feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10' ) of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300-feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300-feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station I: thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no construction work on the project until all exploratory I: excavations have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair r associated with exploratory excavations shall be paid for according to the established 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) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires is 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. rib Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity. " I Section A-SP (revised 12/15/04) [: Page 19 of 22 A-50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment 11 for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract. " A-51 Electronic Submittal of Bids The following paragraph modifies Paragraph B-2-7 - Preparation of Proposal, of the General Provisions: The bidder has the option of submitting a computer-generated print-out, in lieu of, the Proposal (SHEETS: 1 THRU 13 OF 13) , INCLUSIVE. The print-out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheets (3 THRU 10 OF 13) . If the Contractor chooses to submit a print-out, the print-out shall be accompanied by properly completed proposal pages 1, 2, 11, 12, and 13. A "sample" print out is shown in Attachment 1. 11 In addition, the print out will contain the following statement and signature, after the last bid item: (Contractor) herewith certifies that the unit prices shown on this print-out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no other Information from this print-out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print-out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) 11 (Date) " A-52 Value Engineering 3 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 11 Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP'S) identify potential reductions in the contract cost by effective changes to the contract plans and specifications." Therefore, the Contractor shall fully examine the plans, specifications and contract documents, as well as, the project location, construction phase schedule in Appendix C, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major items involved in the scope of the project to judge for itself the circumstances and difficulties11 affecting the work to be performed and obtain all information required to make an intelligent proposal. The Contractor' s attention is further directed to paragraph B-2-3 Examination of Plans, Specifications and Site of the Work, of the General Provisions. In other words, the Contractor shall complete it's proposal to the best of it' s ability, as currently provided. Section A-SP (revised 12/15/04) Page 20 of 22 ri: 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. ill A-54 Dewatering and Disposal This item shall be considered subsidiary to the appropriate bid items where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all _ costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An rp alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by manmade berms prior to entering f, the storm water system. Sheet flow and ponding is to allow solids screening and or '4w settling prior to entering a storm water conduit or inlet. 1-4 Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream (Oso Creek) . Testing of groundwater quality is to be performed by City, at the City' s cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. The Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by the contractor would include pumping to 101 the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer system or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. 4 Prior to pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Tilo Schmidt, Wastewater Pre-treatment Coordinator at 826-1817 to obtain a /: "no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank orl vacuum truck then record how long it takes to fill to original level and overnight level. L L .,, lio L ii Section A-SP (revised 12/15/04) LPage 21 of 22 SUBMITTAL TRANSMITTAL FORM 3 PROJECT: GAS DEPT. DIGITAL BILLBOARD OWNER: CITY OF CORPUS CHRISTI, TEXAS ENGINEER: 0 CONTRACTOR: ALPHA BUILDING CORP. SUBMITTAL DATE: - SUBMITTAL NUMBER: - 3 APPLICABLE SPECIFICATION OF DRAWING SUBMITTAL 5 3 3 3 3 Section A-SP (revised 12/15/04) Page 22 of 22 � PART B � GENERAL PROVISIONS AND L REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS C tP SECTION B GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS Table of Contents tit B-1 Definitions and Abbreviations PAGE B-1-1 Definition of Terms 1 B-1-2 Abbreviations 3 [: B-2 Proposal Requirements and Conditions B-2-1 Proposal Forms 4 B-2-2 Quantities in Proposal Forms 4 B-2-3 Examination of Plans, Specifications, and Site of the Work4 E: 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 L 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 [: 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 [: B-2-16 Disclosure of Interests 6 B-3 Award and Execution of Contract B-3-1 Consideration of Contract 7 IN 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 [1: 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 LB-4-6 Extra Work 11 B-5 Control of the Work and Materials B-5-1 Authority of the City Engineer 11 ti 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 L & 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 t: 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 [R B-5-13 Final Inspection 14 B-5-14 Warranty Inspection 14 TABLE OF CONTENTS/PAGE 1 OF 2 I (rev. Nov/94) L 11 1/ B-6 Legal Relations and Public Responsibility B-6-1 Laws to be Observed 14 B-6-2 Permits and Licenses 14 B-6-3 Patented Devices, Materials and Processes 15 B-6-4 Sanitary Provisions 15 B-6-5 Public Conveniences and Safety 15 B-6-6 Privileges of contractor in Streets, Alleys and Right-of-Way16 B-6-7 Railway Crossings 16 B-6-8 Traffic Control Devices 16 B-6-9 Use of Explosives 16 B-6-10 Protection and Restoration of Property 16 B-6-11 Responsibility for Damage Claims 17 B-6-12 Contractor's Claim for Damages 19 B-6-13 Public Utilities and Other Property to be Changed 19 B-6-14 Temporary Sewer and Drain Connections 19 B-6-15 Arrangement and Charge for Water Furnished by the City 19 B-6-16 Use of fire Hydrants 19 B-6-17 Use of a Section or Portion of the Work 19 B-6-18 Separate Contracts 20 B-6-19 Contractor's Responsibility for the Work 20 B-6-20 No Waiver of Legal Right 20 B-6-21 Indemnification and Hold Harmless 20 B-6-22 Tax Exemption Provisions 20 B-7 Prosecution and Progress B-7-1 Subletting the Work 21 B-7-2 Assignment of Contract 21 B-7-3 Prosecution of the Work 21 B-7-4 Limitation of Operations 22 B-7-5 Character of Workmen and Equipment 22 B-7-6 Working Hours 22 B-7-7 Time of Commencement and Completion 22 B-7-8 Extension of Time of Completion 22 B-7-9 Computation of Contract Time for Completion 23 I/ 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 11 B-7-14 Termination of Contract 25 B-7-15 No Intent to Benefit Third Parties B-8 Measurement and Payment B-8-1 Measurement of Quantities 25 B-8-2 Unit Price 25 B-8-3 Scope of Payment 25 B-8-4 Payment for Extra Work 26 B-8-5 Policy of Extra Work and Change Orders 26 B-8-6 Partial Estimates 27 B-8-7 Withholding Payment 27 B-8-8 Final Cleanup 27 B-8-9 Final Acceptance 28 B-8-10 Final Payment 28 B-8-11 Maintenance Guaranty 28 11 TABLE OF CONTENTS/PAGE 2 OF 2 1 (rev. Nov/94) CO, 1110 SECTION B GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS CITY OF CORPUS CHRISTI, TEXAS B-1 DEFINITIONS AND ABBREVIATIONS: B-1-1 Definition of Terms: AM Wherever the words, forms or phrases defined herein or pronouns used in their place occur in these specifications, in the contract, in the bonds, in the advertisement or any other documents or instrument herein contemplated, or to [: which these specifications apply or may apply, the intent and meaning shall be interpreted as follows: Advertisement: All of the legal publications pertaining to the work contemplated or under contract. 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. 41 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. 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. 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. 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. [41$ (a) Calendar Day: A calendar day is defined as any day shown on the calendar beginning and ending at midnight. (b) Working Day: a working day is defined as a calendar day, not including 1: 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 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 C: 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. C: (rev. Nov/94) PAGE 1 OF 28 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 11 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 be 11 made for lunch time taken. Contractor: The person, persons, partnership, company, firm, association, corporation, or joint venture entering into contract for the execution of the work, acting directly or through a duly authorized representative. 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 I/ 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 1/ 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 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 1/ 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. 11 Performance Bond: The approved form of security furnished by the contractor and his surety for the use and benefit of the City as a guarantee of good faith on the part of the Contractor to execute the work in strict accordance with the plans, specifications, and terms of the contract, and that the Contractor will maintain the work constructed by him in good condition for the period of one year or such other period of time as may be specially provided. Plan or Plans: All the drawings pertaining to the contract and made a part thereof, including such supplemental drawings or addenda as the City Engineer may issue in order to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized, or for showing details not shown thereon. 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) PAGE 2 OF 28 C Special Provisions: The special clauses setting forth conditions or requirements peculiar to the specific project involved, supplementing the 1: 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, tit 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. re 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, I: equipment, and incidentals, to be performed by the Contractor under the terms of the contract. B-1-2 Abbreviations: 1: 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: [*0 A.A.S.H.T.O American Association of State H.S. Horseshoe • Highway and Transportation Zn. or Inches Officials Lb. or # Pound Ac. Acre L.F. Linear Foot A.C. Asbestos Cement Lin. Linear A.C.I. American Concrete Institute L.S. Lump Sum A.N.S.I. American National Standards Max. Maximum Asph. Institute M.H. Manhole A.S.T.M. Asphalt Min. Minimum Ave. American Society for Testing Mono. Monolithic A.W.P.A. Materials M.U.T.C.D. Manual of Uniform A.W.S. Avenue Traffic Control A.W.W.A. American Wood Preservers Devices Blvd. Association N. North C.F. American Welding Society No. Number L 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 I: C.Y. Corrugated R/W or ROW Railroad D.I. Central Power & Light Company S. Right-of-Way Dia. Cubic San. South Dr. or Dwy Culvert S.F. Sanitary E. Cubic Yard Sq. Square Foot Ea. Ductile Iron St. Square Elev. Diameter Std. Street or Storm Exist. Drive or Driveway S.Y. Standard F. East T.C. Square yard F.L. Each Tel. Top of Curb Ft. or ' Elevation V.F. Telephone Gal. Existing W. Vertical Foot G.L. Fahrenheit W.U.T. West G.P.M. Flow Line Yd. Western Union H.N.G. Feet Telegraph 1: Gallon Yard Gutter Line Gallons per Minute Houston Natural Gas Co. Metrics: cm Centimeter m Meter gm Gram mgm Milligram kgm Kilogram mm Millimeter km Kilometer )rev. Nov/94) PAGE 3 OF 28 cs 11 Other abbreviations that may appear shall have the meaning customarily intended in such usage, circumstances, and context. B-2 PROPOSAL REQUIREMENTS AND CONDITIONS: B-2-1 Proposal Form: The City will furnish bidders with proposal forms which state the general location and description of the contemplated work, and which will contain an itemized list of items of work to be done or materials to be furnished, and upon which bid prices are asked. The proposal form will provide for the amount of proposal guaranty, the contract time, and the acknowledgement of addenda received. B-2-2 Quantities in Proposal Form: The quantities of the work and materials set forth in the proposal form or on the plans approximately represent the work to be performed and materials to be furnished and are for the purpose of comparing the bids on a uniform basis. Payment will be made by the City to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications, and it is understood that the quantities may be increased or decreased as hereinafter provided without in any way invalidating the bid price. B-2-3 Examination of Plans, Specifications, and Site of the Work: Bidders are advised that the plans and specifications and other documents on file with the City Engineer shall constitute all of the information which the City will furnish. Bidders are required, prior to submitting any proposal, to read the specifications, proposal, contract, and bond forms carefully; to visit the site of the work; to examine carefully local conditions, soil and water conditions to be encountered, improvements to be protected, disposal sites for surplus materials not designated to be salvaged materials, methods of providing ingress or egress to private properties, and methods of handling traffic; to inform themselves, by their independent research, tests, and investigation, of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work or time required for its completion; and obtain all information required to make an intelligent proposal. No information given by the City or any official thereof, other than that shown on the plans and contained in the specifications, 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 that the bidder has made the examinations, investigations, and tests required herein. B-2-4 Forms, Plans and Specifications: 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 11 prospective bidder returns all documents, except proposal form if bidding, to the offices of the City Engineer within two (2) weeks from and after the time and date of receiving proposals. If the prospective bidder does not comply with this requirement, the sum of the Plans Deposit shall become the property of the City 11 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) PAGE 4 OF 28 1: 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 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 1: made by written addenda. B-2-7 Preparation of Proposal: The bidder shall submit his proposal on the forms furnished by the City. All blank spaces in the forms shall be correctly filled in, and the bidder shall 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 1: 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 1, 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 im 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: 1: No proposal will be considered unless accompanied by an individual bid security (bond) for the project in the amount of five percent (5%) of the highest amount bid. Such bid security shall be issued by a firm licensed for issuance in the State of Texas. A cashier's check, certified check, money order, or bank draft from any state or national bank will also be acceptable. The security shall be deemed a good faith offer on the part of the bidder to accept a contract, if awarded. In the event the successful bidder declines to accept such award or cannot provide the required bonds and insurance certificates within ten (10) calendar days of the award of the contract, then the amount of the bid security will become the property of the City, not as penalty but as liquidated damages. The bid securities of the unsuccessful bidders may be released within forty- 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 t: 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" . E: B-2-10 Withdrawing Proposals: Proposals filed with the City Secretary cannot be withdrawn or modified prior 1: to the time set for opening proposals. Request for non-consideration of (rev. Nov/94) PAGE 5 OF 28 C 11 proposals must be made in writing addressed to the City Engineer and filed with11 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 stated11 in the advertisement and publicly read aloud and shall thereafter remain on file with the City. No contract will be entered into based upon such proposals until after forty-eight (48) hours shall have elapsed. Proposals not accompanied by the required proposal guaranty will not be read. B-2-13 Irregular Proposals: Proposals will be considered irregular if they show any omissions, failure toI/ 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: (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: 11 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 more than one proposal for the work contemplated. (c) The bidder being interested in any litigation against the City. (d) The bidder being in arrears on any existing contract, having defaulted on previous contracts, or being delinquent in the payment of City taxes. (e) Uncompleted work which, in the judgment of the City, will prevent or hinder the prompt completion of additional work if awarded. (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 [I L B-2-16 Disclosure of Interests: All entities desiring to do business with the City of Corpus Christi are required to provide a Disclosure of Interests. The required form is included as [10 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 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 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. B-3-3 Equal Opportunity Employer Provisions: Every Contractor must agree that during the performance of his contract he will: (1) Treat all applicants and employees without discrimination as to race, color, religion, sex, or national origin. (2) Identify himself as an equal opportunity employer in all help wanted advertising or requests. The Contractor is hereby advised that any complaints filed with the City alleging that a Contractor is not an equal opportunity employer during the six months preceding the date of receipt of bids will be referred to the Human Relations Commission through its Human Relations Administrator for the purpose of review and recommendations. The report of the Human Relations Commission will be transmitted to the City Engineer who will include a summary of such report with any future bid award recommendations for which the Contractor is a bidder and bring to the attention of the City Council any such report received prior to the 10 issuance of a work order to any such Contractor. A copy of this report shall be sent to the Contractor. The Human Relations Administrator will follow up any such report and bring to the attention of the Commission any further action by the Contractor which would include that the findings of the Commission should be modified. Any such modified findings of the Commission will be delivered to the L City Engineer with a copy to the Contractor and be included in any future bid award recommendations. rib (rev. Nov/94) PAGE 7 OF 28 r 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: With the execution and delivery of the contract, the Contractor shall furnish and file with the City, in the amounts herein required, the following surety bonds: (a) Performance Bond: A good and sufficient bond in an amount equal to one hundred percent (100%) of the approximate total amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the City and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work, or the use of inferior materials. This bond shall provide for the repair and maintenance of all defects due to faulty materials, faulty combinations of materials, and/or faulty workmanship that appear within a period of one year from the date of completion and acceptance of the improvement by the City, or such lesser or greater period as may be designated in the Special Provisions. A Performance Bond will not be required if the contract amount does not exceed $25, 000.00. 11 (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 1 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. No surety will be accepted by the City who is now in default or delinquent on any bonds or who is interested in any litigation against the City. All bonds 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. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given the Contractor to that effect, and the Contractor shall immediately provide a new surety satisfactory to the City. No payment will be made under the contract until the new surety, or sureties as required, has qualified and been accepted by the City. The contract shall not be operative nor will any payments be due or paid until approval of the bonds has been made by the City. The City requires that the Power of Attorney submitted with any surety bond (Performance, Payment, etc.) be signed with an original signature and properly dated and sealed. In the event a facsimile Power of Attorney is used, the City 11 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. 11 B-3-5 Execution of Contract: (rev. Nov/94) I/ PAGE 8 OF 28 L The person or persons, partnership, company, firm, association, corporation, or joint venture to whom a contract is awarded shall, within ten (10) calendar days after such award and after the Contractor has been requested to execute the documents, sign the required contract, furnish the required insurance certificates, and execute the required bonds. No contract shall be binding on the City until it has been attested by the City Secretary, approved as to form by the City Attorney, executed for the City by the City Manager, and delivered to the Contractor. B-3-6 Failure to Execute Contract: The failure of the bidder to execute the required bonds, furnish the required insurance certificates, and sign the required contract within ten (10) calendar 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 t: 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. B-4 SCOPE OF WORK: B-4-1 Intent of Plans and Specifications: The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. B-4-2 Subsidiary Work: In the course of furnishing or constructing a complete work or improvement, certain work may be necessary which is subsidiary to the items which are established as pay items. Some such subsidiary work may be shown and specified in detail in the plans and specifications, other work may be less completely shown, and other such work which is entirely necessary for the satisfactory completion of the work as a whole may not be noted on the plans or in the specifications. It shall be the duty of the Contractor to carry out all such subsidiary work as if fully shown, and the cost of such work shall be made subsidiary to the established pay item. B-4-3 Increased or Decreased Quantities of Work: (a) The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found necessary, and the Contractor shall perform the work as altered. No allowance will be made for any change in anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the contract or bonds. (b) A Major Item as used in this Section shall be construed to be any la individual bit item included in the proposal that has a total cost equal to or greater than five percent (5%) of the total contract cost computed on the basis of the proposal quantities and the contract unit prices. (rev. Nov/94) PAGE 9 OF 28 L (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 of3 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: 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 general11 nature of the work as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the contract and bonds. B-4-5 Value Engineering Incentive Procedures: After the award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP's) identifying potential reductions in the contract cost by effective changes to the contract plans and11 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 :1 requirement and the cost of the proposed change including any costs which might be incurred in testing or evaluation of the proposed change. (5) A comparative projection of the operational and maintenance costs of the existing requirement and the proposed change. (6) A projection of the latest date which the VECP can be incorporated into the contract to achieve maximum cost savings. Any effect upon completion time or 1111 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 11 contract. (rev. Nov/94) 1/ PAGE 10 OF 28 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 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 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: B-5-1 Authority of the City Engineer: All work shall be performed under the supervision of the City Engineer in a workmanlike manner and to his satisfaction. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, sequence of the construction, interpretation of the plans and specifications, acceptable fulfillment of the contract, compensation, mutual rights between Contractors under these specifications and suspension of the work. He shall determine the amount and quality of the work performed and materials furnished, and his decisions and estimates shall be final. His estimate in such event shall be a condition precedent to the right of the Contractor to receive money due him under the contract. B-5-2 Authority and Duty of Engineers or Inspectors: The City Engineer may appoint Engineers and/or Inspectors as assistants to inspect all work done and material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the 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 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 requirements and intent of the plans and specifications. The Engineer or Inspector shall in no case act as foreman or supervisor or perform other duties for the Contractor nor interfere with the management of the work by the latter. Any advice which the Engineer or Inspector may give the Contractor shall in no way be construed as binding to the City or release the Contractor from fulfilling all the terms of the contract. The Engineer or Inspector shall have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the City Engineer. If the Contractor refuses to suspend operations on verbal order, the Engineer or Inspector shall issue a written order giving the reason for suspending the work. After delivering the order to the person in charge, the Engineer or Inspector shall immediately leave the job site. Work done during the absence of the Engineer or Inspector under these circumstances will not be accepted or paid for. 610 (rev. Nov/94) PAGE 11 OF 28 6. 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. B-5-4 Existing Structures: 1/ 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, the Contractor has thoroughly inspected the site, is informed as to the correct location of surface structures, has included the cost of such incidental work in the prices bid, and has considered and allowed for all foreseeable incidental work due to variable subsurface conditions, whether such conditions and such 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, standardj1 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 such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the plans and specifications. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this to the attention of the Engineer. B-5-6 Cooperation of Contractor: The Contractor will be supplied with three (3) copies of the plans and specifications. The Contractor shall have available on the work at all times one copy of said plans and specifications. The Contractor shall give to the work the consistent attention necessary to facilitate the progress thereof, and he shall cooperate with the City Engineer, his authorized representatives, and with other contractors in every way possible. The Contractor shall provide a competent superintendent on the work at all times who is fully authorized as his agent on 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 of11 inspecting the work. The superintendent shall keep the City Engineer or his di representative informed of the work he is planning to do and the work schedule. (rev. Nov/94) 11 PAGE 12 OF 28 4.1a 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: The materials shall be the best procurable as required by the plans, specifications, and special provisions. The Contractor shall not start delivery of materials until the Engineer has approved the source of supply. Only material conforming to these specifications shall be used, only after written approval has been given by the Engineer, and only so long as the quality of said materials remains equal to the requirements of the specifications. The Contractor shall furnish approved materials from other sources if for any reason the product from any source at any time before commencement or during the prosecution of the work proves unacceptable. After approval, any material which has become mixed with or coated with dirt or any other foreign substances during its delivery and handling will not be permitted to be used in the work. New material is required unless otherwise specially provided in the plans and specifications. B-5-9 Samples and Tests of Materials: Where, in the opinion of the Engineer or as called for in the specifications, tests of material are necessary, such tests will be made at the expense of the City unless otherwise provided. The failure of the City to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials conforming to the specifications. Tests, unless otherwise specified, will be made in accordance with the latest methods of the American Society for Testing Materials. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not use the materials represented by the samples until tests have been made. The Contractor shall furnish adequate samples without charge. B-5-10 "Or Equal" Clause: All bids shall be based on the specified products. Where two or more products are specified for an item of work, either one thereof is acceptable and the choice is left to the Contractor. Where only one product is specified, and where the term "or approved equal" or similar wording is used in connection with [0 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 guarantee. All such offers shall be made in writing to the Engineer after award of contract. [01The 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: le (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. 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 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. 11 B-5-13 Final Inspection: The Engineer will make final inspection of all work included in the contract as soon as practicable after the work is completed and ready for acceptance. If the work is not acceptable to the Engineer at the time of such inspection, he will inform the Contractor as to the particular defects to be remedied before final acceptance will be made. Previous inspection by the Engineer or his3 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. :1 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. 11 B-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY: B-6-1 Laws to be Observed: I/ The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any manner affect the conduct (rev. Nov/94) PAGE 14 OF 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. 1: B-6-2 Permits and Licenses: The Contractor shall procure all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees (except City fees) , give all notices necessary and incidental to the due and lawful prosecution of the work, and arrange for all building, plumbing, electrical or other inspections as appropriate. he 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. 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 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 theiruse shall be strictly enforced by the Contractor. All sanitary laws and regulations of the State of Texas and the City of Corpus Christi shall be strictly complied with. B-6-5 Public Convenience and Safety: Materials stored about the work shall be so placed and the work shall at all times be so conducted as to cause no greater obstruction to the traveling public than is considered necessary by the Engineer. The Contractor shall, upon direction of the Engineer, make provisions by bridges or otherwise at sidewalks (�11 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 LIN 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 IP in the construction of the work shall be placed so as not to endanger the work or (rev. Nov/94) PAGE 15 OF 28 11 prevent free access to all fire hydrants, water valves, gas valves, manholes for telephone, telegraph, signal or electric conduits, sanitary or storm sewers, and fire alarm or police call boxes in the vicinity. The City reserves the right to remedy any neglect on the part of the Contractor as regards the public convenience and safety which may come to its attention after twenty-four hours notice in writing to the Contractor except in 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 fromI/ 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 clearly 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 equipment for construction purposes may be stored in such space but not more than is necessary to avoid delay in the construction. Excavation and waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designated to be left free and unobstructed. Other Contractors of the City11 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: 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: 11 Where the Contractor's operations are carried on in or adjacent to any public right-of-way or public place and which, in the opinion of the City Engineer, interferes with normal vehicular and pedestrian traffic, the Contractor shall take appropriate measures to protect persons, property and the work. Such measures shall include but not be limited to barricades, lights, signs, fences, flagmen, and watchmen. Such measures shall be taken to exclude or route 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 11 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, [4'1 the utmost care shall be exercised so as not to endanger life or property. The City shall not be held liable for damages done by the Contractor in the use of explosives. The Contractor shall notify the proper representatives of any public service corporation, any company or any individual not less than eight (8) hours in advance of the use of explosives which might damage or endanger their or his property along or adjacent to the work. Wherever explosives are stored or kept, they shall be stored in a safe and secure manner, and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchmen at all times. B-6-10 Protection and Restoration of Property: Where the work passes over or through private property, the City will provide such right-of-way. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc., to all water, sewer and gas lines; to all conduits, to all overhead pole lines, or appurtenances thereof; and to all other public and private property along or adjacent to the work. The Contractor shall be responsible for all damage or injury to the property of any character resulting from any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition similar to equal to that existing before such damage or injury was done by repairing, rebuilding or otherwise restoring as may be directed, or he shall made good such damage from injury in a manner acceptable to the owner or the Engineer. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Engineer may, 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: 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 obtained. Within ten (10) calendar days after the date the City requests that the Contractor sign the contract documents, the Contractor shall furnish the City with certificates of insurance evidencing that the Contractor has obtained insurance coverage of the types more particularly described below in parts (a) through (e) of this section. (For self-insured workers' compensation coverage, 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 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 [110 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 this provision; Broad Form Property Damage; Independent Contractors; and Personal Injury: MINIMUM INSURANCE COVERAGE I/ 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 11 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 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 11 amount sufficient to assure that all worker' compensation obligations incurred by the Contractor will be promptly met. (d) Employer's Liability: 11 Minimum Insurance Coverage - $100,000 Per Person (e) Builder's Risk Insurance Coverage: 11 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 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) 11 PAGE 18 OF 28 Contractor shall be responsible for paying all costs necessary to procure such builder's risk insurance coverage, including any deductible. The City shall be named an additional insured on any policies providing such insurance coverage. In the event of accidents of any kind, the Contractor shall furnish the City with copies of all reports such accidents at the same time that the reports are forwarded to any other interested parties. It shall be the Contractor's primary responsibility for immediately notifying the carriers of any or all insurance under this contract in the event of a known loss or claim presented to the Contractor by the City or a third party. Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any 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: Should the Contractor claim compensation for any alleged damage by reason of r 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, [1-0 setting out in detail the nature of the alleged damage; and on or before the twenty-fifth (25th) day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the City Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the City Engineer access to all books of accounts, receipts, vouchers, bills of lading and other books or papers containing any evidence as to the amount or such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived and C: 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 [11 contract for the purpose of making such changes or repairs of their property that may be necessary by performance of the contract. The City reserves the right of entering upon the limits of the contract for the purpose of repairing or relaying sewer, gas and water lines and appurtenances, repairing structures, etc. , and making other repairs, changes or extensions to any City property. B-6-14 Temporary Sewer and Drain Connections: 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 Chw these temporary connections until such time as the permanent connections are built and in service. The existing sewers and connections shall be kept in service and maintained under the contract except where specified or ordered to be abandoned by the Engineer. All water or sewage shall be disposed of in a (rev. Nov/94) PAGE 19 OF 28 L satisfactory manner so that no nuisance is created and so that the work under11 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. 11 B-6-16 Use of Fire Hydrants: No person shall open, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve or stop cock, or tap and water main belonging to the City unless duly authorized to do so by the City of 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 work11 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 final11 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. 11 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 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 these 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) 1/ PAGE 20 OF 28 L 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: 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, or the operations or activities of the Contractor or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. 8-6-22 Tax Exemption Provision: Contracts awarded by the City of Corpus Christi qualify for exemption pursuant to the provision of Article 20.04 (H) of the Texas Limited Sales, Excise 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 [70 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: 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. B-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 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: 11 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. 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 construction11 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, the Engineer may require the Contractor to finish the sections on which work is in progress before operations are started on any additional section. B-7-5 Character of Workmen and Equipment: Local labor shall be used by the Contractor if available. The Contractor may bring in from outside the City his key employees and superintendent. All other employees, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent and the Engineer may demand the dismissal of any person or persons employed by the Contractor in, about or on the work who shall misconduct himself or be incompetent or negligent in the proper performance of his or their duties or neglect or refuse to comply with the directions of the Engineer, and such person or persons shall not be employed thereon again without the written consent of the Engineer. All workmen shall have sufficient skill and experience to perform properly the work assigned them. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools 11 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) 11 PAGE 22 OF 28 I r 6 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 directed to the definition for contract time. B-7-7 Time of Commencement and Completion: The Contractor shall commence the work within the time specified, and the rate of progress shall be such that the whole work will be performed and the premises cleaned up in accordance with the contract, plans and specifications ,; within the time limit specified in the contract unless an extension of time be 6 made in the manner hereinafter specified. B-7-8 Extension of Time of Completion: The Contractor shall be entitled to an extension of time as provided herein only when claim for such extension is submitted to the City in writing by the Contractor within seven (7) days from and after the time when any alleged cause of delay shall occur, and then only when such claim is approved by the City. In adjusting the contract time for the completion of the project, unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including but not restricted to inability to obtain supplies and materials, acts of God, or the public enemy, acts of the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather conditions (weather which is beyond the normal weather recorded and expected for the season or seasons of the year in the records of the National Oceanic and Atmospheric Administration's Climatic Data Center) , or delays of subcontractors due to such causes; all provided that actual stoppage of work ensues and no fault of the Contractor is involved. 1: If the satisfactory execution and completion of the contract should require work and materials in a greater amount, or quantities, than those set forth in the contract, then the contract time shall automatically be increased the same proportion as the cost of the additional work bears to the cost of the original work contracted for. No allowance will be made for delays or suspension of the prosecution of the work due to the fault of the Contractor. B-7-9 Computation of Contract Time for Completion: For the purpose of computation, the contract time shall begin with the tenth (10th) calendar day after the date of the written authorization by the City Engineer to begin work, or such earlier date as work, other than the delivery of [111 materials, is actually commenced. The Engineer shall furnish the Contractor a monthly statement showing the days (calendar or working) charged during the month. If no protest as to the correctness of the statement is filed within seven (7) days by the Contractor, the statement will stand. Contract time shall be charged as described under the definition thereof. B-7-10 Failure to Complete on Time: The time of completion is the essence of the contract. For each day (calendar or working) that any work shall remain uncompleted after the time specified in the time specified in the proposal and contract, or the increased time granted by the City, or as automatically increased by additional work or materials ordered after the contract is signed, a sum per day will be deducted from the monies due the Contractor, not as a penalty but as liquidated damages. This sum of liquidated damages per day will be as shown in the special provisions, proposal or elsewhere in the contract documents. 10 (rev. Nov/94) PAGE 23 OF 28 :1 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 !I of construction. B-7-11 Suspension by Court Order: 11 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. 11 B-7-12 Temporary Suspension: The Engineer shall have the authority to suspend the work wholly or in part for such period or periods as he may deem necessary due to unsuitable weather conditions as are considered unfavorable for the suitable prosecution of the work. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily or become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work and erect temporary structures where necessary. The Contractor shall not suspend work without written authority from the Engineer and shall proceed with work promptly when notified by the !I 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 !I 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 equipment for properly executing the work. (d) Substantial evidence that the Contractor has abandoned the work. (e) Substantial evidence that the Contractor has become insolvent or :111 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 11 procuring a contract or perpetrating fraud on the City in the construction of the work under contract. (rev. Nov/94) PAGE 24 OF 28 to 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 I�r 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 two (2) weeks after the written notice to discontinue the work has been served upon the Contractor and upon the sureties or their authorized agents. The sureties in such event shall assume the Contractor's place in all respects, and shall be paid by the City for all work performed by them in accordance with the terms of the contract. All monies remaining due the Contractor at the time of his default shall thereupon become due and payable to the sureties as the work progresses, subject to all the terms of the contract. In case the sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract or that portion thereof which the City has ordered the Contractor to discontinue, then the City shall have the power to complete by contract or otherwise as it may deem necessary; and the Contractor hereto agrees that the City shall have the right to take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purpose of his work and to procure other tools, equipment and materials for the completion of the same, and to charge to the account of the Contractor the expenses of said contract or labor, materials, tools, equipment and expenses incidental thereto. The expense so charged shall be deducted by the City out of such monies as may be due or may at any time thereafter become due the Contractor under and by virtue of the contract or any part thereof. The City shall not be required to obtain the lowest bid for the work of completing the contract, but the expenses to be deducted shall be the actual cost of such work. In case such expense is less than the sum which would have been payable under the contract if the same had been completed by the Contractor, then in such case, the City may pay to the Contractor the difference in cost provided that the Contractor shall not be entitled to any claim for damages or for loss of anticipated profits; in case such expense shall exceed the amount which would have been payable under the contract if the same had been completed by the Contractor, then the Contractor and his sureties shall pay the amount of such excess to the City on notice from the City of the excess due. When any particular part of the work is being carried on by the City by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the contract, and in such manner as not to hinder or interfere with the performance of workmen 1: 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 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. [0 B-8 MEASUREMENT AND PAYMENT: B-8-1 Measurement of Quantities: The determination of quantities of work acceptably completed under the terms of the contract, or as directed by the Engineer in writing, will be made by the Engineer, based on measurements made by the Engineer. These measurements will be [0 (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 that separate payments shall be made under each such standard specification. The !! units for which payment shall be made are those stated in the proposal. B-8-2 Unit Price: Where in the proposal form a "Unit Price" is set forth, the "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, 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 all other items not specifically mentioned that may be required to construct fully each item of the work complete in place. !I 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 contract; for all lose or damage arising out of the nature of the work or from the action of the elements; for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work and before its final acceptance by the Engineer; for all risks of whatever description connected with the prosecution of the work; for all expense incurred by or in consequence of3 suspension or discontinuance of such prosecution of the work as herein specified; for any infringement of patents, trademarks or copyrights; and for completing the work in an acceptable manner according to the plans and specifications. The payment of any current or partial estimate prior to final acceptance of the work by the City shall in no way constitute an acknowledgement of the acceptance of !I 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 or3 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 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 11 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 11 the quantity actually installed as finally measured. (b) By a lump sum price agreed on in writing by both parties. (rev. Nov/94) PAGE 26 OF 28 L [10 (c) By actual field cost of the work plus fifteenP ercent (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 IV by law or ordinance. The Engineer will direct the form in which the 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 other elements of cost and expense not embraced within the actual field cost as herein specified. The Contractor shall give the Engineer access to all accounts, bills, invoices and vouchers relating thereto. In the event agreement cannot be reached on method or prices of payment for extra work, the City reserves the right to enter on the job with its own forces or to hire other contractors to perform such extra work. B-8-5 Policy on Extra Work and Change Orders: 1: The City Council of the City of Corpus Christi has adopted the following 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: (a) All change orders require written quotations and must be approved in writing by the Contractor and the City Engineer or his representative prior to the work being done. (b) All change orders in involving an expenditure of $10, 000.00 or more must be approved by the City Council. 1: (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. (e) The total amount of all change orders to a contract shall not exceed 25% of the original contract price. Contractors are advised that the City is under no obligation to appropriate change order(s) which have not been prepared and executed as stated herein. The addition of items of work covered by unit prices may be performed without written change orders unless the quantity and cost of such work, in the Engineer's opinion, require such written change orders, in which event the Contractor will IN be so notified. B-8-6 Partial Estimates: 10 (rev. Nov/94) PAGE 27 OF 28 11 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 11 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 the11 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. 11 In determining the partial payment to be made to the Contractor, the City will retain five percent (5%) of the total approximate estimate, unless otherwise stated, and will deduct payments previously made. No partial payment will be made when the said estimate or the estimates of work done since the last previous estimate is less than One Hundred Dollars ($100.00) in amount. All retainage is due and payable to the Contractor upon successful completion of the project and will be included in the final payment. Payment shall be withheld as elsewhere herein specified. The City reserves the right to increase the retainage. In contracts in which the total amount bid is Four Hundred Thousand Dollars ($400, 000) or more and } providing for retainage of greater than five percent (5%) of the total estimate, 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. 11 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. B-8-8 Final Cleanup: Upon completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of the work in a neat, orderly condition, equal to that which originally existed. Surplus and 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: 11 Whenever the improvement provided for by contract shall have been completely performed on the part of the Contractor, the Contractor shall notify the Engineer that the improvement is ready for final inspection. The Engineer will then make such final inspection; and if the work is satisfactory and in accordance with the specifications and 11 contract, he will certify such completion for Final Acceptance. B-8-10 Final Payment: Whenever the improvement provided for by contract shall have been completely performed on the part of the Contractor as evidenced by the Engineer in the Certificate of Final Inspection and Acceptance, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements and computations can be made. All prior estimates upon which payments have been made are subject to necessary corrections or 11 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 [110 will not be recommended for Final Acceptance until this payment affidavit has been submitted. The acceptance by the Contractor of the last payment as aforesaid shall operate as and shall be a release to the City from all claims or liabilities under the contract for anything done or furnished or relating to the work under the contract or for any act of neglect of said City relating to or connected with the contract. B-8-11 Maintenance Guaranty: The Contractor shall maintain and keep in good repair the work herein contracted to be done and performed for a period of one (1) year from the date of acceptance, or for such lesser or greater period as may be specially provided, shall do all necessary backfilling that may arise on account of sunken conditions in ditches, or otherwise, and shall do and perform all necessary work and repair any defective condition growing out of or arising 1111 from the improper joining of the same, or on account of any breaking of the same caused by 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. 1 I I I I C L I I I 6 ID (rev. Nov/94) PAGE 29 OF 28 r 6 L L F L L PART C FEDERAL WAGE RATES AND L REQUIREMENTS L L ris lio Tx342 General Decision Number: TX150342 04/24/2015 TX342 [I, Superseded General Decision Number: TX20140342 State: Texas to Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. le 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 1: 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 t: 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 C: 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. Es Modification Number Publication Date 0 01/02/2015 1 03/06/2015 2 04/24/2015 BOIL0074-003 01/01/2014 Rates Fringes BOILERMAKER $ 23.14 21. 55 tri * ELECO278-002 08/31/2014 Rates Fringes tw ELECTRICIAN $ 24.30 3%+6.80 ENG10178-005 06/01/2014 li Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane $ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above $ 28.75 10.60 tm (3) Hydraulic cranes 59 Tons and under $ 27.50 10.60 IRON0084-011 06/15/2014 Rates Fringes IRONWORKER, ORNAMENTAL $ 22.02 6.35 SUTX2014-068 07/21/2014 L 1/ TX34211 Rates Fringes BRICKLAYER $ 20.04 0.0011 CARPENTER $ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER $ 15.33 0.00II INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) $ 19.77 7.13 IRONWORKER, REINFORCING $ 12.27 0.00 IRONWORKER, STRUCTURAL $ 22.16 5.26II LABORER: Common or General $ 9.68 0.00 LABORER: Mason Tender - Brick $ 11.36 0.0011 LABORER: Mason Tender - Cement/Concrete $ 10. 58 0.00 11 LABORER: Pipelayer $ 12.49 2.13 LABORER: Roof Tearoff $ 11.28 0.00 OPERATOR: 11 Backhoe/Excavator/Trackhoe $ 14.25 0.00 OPERATOR: Bobcat/skid 11 Steer/Skid Loader $ 13.93 0.00 OPERATOR: Bulldozer $ 18.29 1.31 jiOPERATOR: Drill $ 16.22 0.34 OPERATOR: Forklift $ 14.83 0.00 :I OPERATOR: Grader/Blade $ 13.37 0.00 OPERATOR: Loader $ 13. 55 0.94 OPERATOR: Mechanic $ 17. 52 3.33 11 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.03 0.00 11 OPERATOR: Roller $ 12.70 0.00 PAINTER (Brush, Roller, and Spray) $ 14.45 0.00 li PIPEFITTER $ 25.80 8.55 PLUMBER $ 25.64 8.16 ROOFER $ 13.75 0.00 SHEET METAL WORKER (HVAC Ductii Installation only) $ 22.73 7. 52 SHEET METAL WORKER, Excludes L r TX342 HVAC Duct Installation $ 21.13 6. 53 [It TILE FINISHER $ 11.22 0.00 TILE SETTER $ 14.74 0.00 TRUCK DRIVER: Dump Truck $ 12.39 1.18 TRUCK DRIVER: Flatbed Truck $ 19.65 8. 57 TRUCK DRIVER: Semi-Trailer Truck $ 12. 50 0.00 TRUCK DRIVER: Water Truck $ 12.00 4.11 ti WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . 1:L 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 to determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . im Union Rate Identifiers 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 the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i .e. , Plumbers Local 0198. The next number, r 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, r- 2014. be union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. be Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and 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 non-union rates. Example: SULA2012-007 5/13/2014. Su indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. 11 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 those1: 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 0 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 11 each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can 11 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 IP On survey related matters, initial contact, including requests w 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 441 Davis-Bacon survey program. If the response from this initial MP 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 di Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. AM I L INTx342 washington, DC 20210 tit 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. IN Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material , etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the wage Appeals Board) . write to: Administrative Review Board t: U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final . Os END OF GENERAL DECISION L cot L L t l r- L fko PART S � STANDARD SPECIFICATIONS C C C C C C L SECTION 030020 PORTLAND CEMENT CONCRETE 1. DESCRIPTION This specification shall govern for the materials used; for the storing and handling of materials; and for the proportioning and mixing of concrete for culverts, manholes, inlets, curb and gutter, sidewalks, driveways, curb ramps, headwalls and wingwalls, riprap, and incidental concrete construction. The concrete shall be composed of Portland cement, aggregates (fine and coarse), admixtures if desired or required,and water,proportioned and mixed as hereinafter provided. 2. MATERIALS (1) Cement The cement shall be either Type I,II or III Portland cement conforming to ASTM Designation: C150,modified as follows: Unless otherwise specified by the Engineer,the specific surface area of Type I and II cements shall not exceed 2000 square centimeters per gram(Wagner Turbidimeter— TxDOT Test Method Tex-310-D). For concrete piling, the above limit on specific surface area is waived for Type II cement only. The Contractor shall furnish the Engineer, with each shipment, a statement as to the specific surface area of the cement expressed in square centimeters per gram. For cement strength requirements,either the flexural or compressive test may be used. Either Type I or II cement shall be used unless Type II is specified on the plans. Except when Type II is specified on the plans,Type III cement may be used when the anticipated air temperature for the succeeding 12 hours will not exceed 60°F. Type III cement may be used in all precast prestressed concrete,except in piling when Type II cement is required for substructure concrete. Different types of cement may be used in the same structure, but all cement used in any one monolithic placement shall be of the same type and brand. Only one brand of each type will be permitted in any one structure unless otherwise authorized by the Engineer. Cement maybe delivered in bulk where adequate bin storage is provided. All other cement shall be q g delivered in bags marked plainly with the name of the manufacturer and the type of cement. Similar information shall be provided in the bills of lading accompanying each shipment of packaged or bulk cement. Bags shall contain 94 pounds net. All bags shall be in good condition at time of delivery. All cement shall be properly protected against dampness. No caked cement will be accepted. Cement remaining in storage for a prolonged period of time may be retested and rejected if it fails to conform to any of the requirements of these specifications. 030020 Page 1 of 13 Rev.10-30-2014 r 3 (2) Mixing Water Water for use in concrete and for curing shall be free from oils, acids, organic matter or other deleterious substances and shall not contain more than 1000 parts per million of chlorides as CL nor 3 more than 1000 parts per million of sulfates as SO43. Water from municipal supplies approved by the State Health Department will not require testing,but water from other sources will be sampled and tested before use in structural concrete. Tests shall be made in accordance with the "Method of Test for Quality of Water to be Used in Concrete" (AASHTO Method T26), except where such methods are in conflict with provisions of this specification. (3) Coarse Aggregate Coarse aggregate shall consist of durable particles of gravel, crushed blast furnace slag, crushed3 stone, or combinations thereof; free from frozen material or injurious amount of salt, alkali, vegetable matter,or other objectionable material either free or as an adherent coating; and its quality shall be reasonably uniform throughout. It shall not contain more than 0.25 percent by weight of 3 clay lumps, nor more than 1.0 percent by weight of shale, nor more than 5 percent by weight of laminated and/or friable particles when tested in accordance with TxDOT Test Method Tex-413-A. It shall have a wear of not more than 40 percent when tested in accordance with TxDOT Test Method Tex-410-A. Unless otherwise specified on the plans, coarse aggregate will be subjected to five cycles of the3 soundness test in accordance with TxDOT Test Method Tex-411-A. The loss shall not be greater than 12 percent when sodium sulfate is used,or 18 percent when magnesium sulfate is used. Permissible sizes of aggregate shall be governed by Table 4 and Table 1, except that when exposediii aggregate surfaces are required,coarse aggregate gradation will be as specified on the plans. When tested by approved methods, the coarse aggregate, including combinations of aggregates when used,shall conform to the grading requirements shown in Table 1. 3 I 3 I 3 030020 Page 2of133 Rev.10-30-2014 al NE C TABLE 1 Coarse Aggregate Gradation Chart Percent Retained on Each Sieve Aggregate Nominal 2-`V2 2 1-'/2 1 3/4 1/2 3/8 Grade No. Size In. In. In. In. In. In. In. No. 4 No. 8 1 2 in. 0 0 to 15 60 to 95 to 20 to580 100 2(467)* 1-V2 in. 0 0 30 to 70 95 to to 65 90t° 100 4(57)* 1 in. 0 0 40 90 to 95 to to 5 to 75 100 100 8 3/8 in. 0 0 to 35 to 90 to E5 80 100 *Numbers in parenthesis indicate conformance with ASTM C33. The aggregate shall be washed. The Loss by Decantation (TxDOT Test Method Tex-406-A) plus the allowable weight of clay lumps, shall not exceed one percent, or the value shown on the plans, whichever is smaller. (4) Fine Aggregate Fine aggregate shall consist of clean,hard,durable and uncoated particles of natural or manufactured sand or a combination thereof, with or without a mineral filler. It shall be free from frozen material or injurious amounts of salt, alkali, vegetable matter or other objectionable material and it shall not contain more than 0.5 percent by weight of clay lumps. When subjected to the color test for organic impurities(TxDOT Test Method Tex-408-A), it shall not show a color darker than standard. The fine aggregate shall produce a mortar having a tensile strength equal to or greater than that of Ottawa sand mortar when tested in accordance with TxDOT Test Method Tex-317-D. Where manufactured sand is used in lieu of natural sand for slab concrete subject to direct traffic,the acid insoluble residue of the fine aggregate shall be not less than 28 percent by weight when tested in accordance with TxDOT Test Method Tex-612-J. When tested by approved methods, the fine aggregate or combination of aggregates, including mineral filler, shall conform to the grading requirements shown in Table 2. E I I 030020 Page 3 of 13 Rev.10-30-2014 C 3 TABLE 2 Fine Aggregate Gradation Chart Percent Retained on Each Sieve Aggregate Grade No. 3/8 In. No. 4 No. 8 No. 16 No. 30 No. 50 No. 100 No. 200 1 0 0 to 5 0 to 20 15 to 50 35 to 75 70 to 90 90 to 100 97 to 100 NOTE 1: Where manufactured sand is used in lieu of natural sand,the percent retained on the No. 200 sieve shall be 94 to 100. NOTE 2: Where the sand equivalent value is greater than 85, the retainage on the No. 50 sieve may be 70 to 94 percent. Fine aggregate will be subjected to the Sand Equivalent Test (TxDOT Test Method Tex-203-F). The sand equivalent shall not be less than 80 nor less than the value shown on the plans, whichever is greater. For concrete Classes 'A' and 'C',the fineness modulus as defined below for fine aggregates shall be between 2.30 and 3.10. The fineness modulus will be determined by adding the percentages by weight retained on the3 following sieves,and dividing by 100; Nos. 4, 8, 16, 30,50 and 100. (5) Mineral Filler Mineral filler shall consist of stone dust,clean crushed sand,or other approved inert material. 3 (6) Mortar(Grout) Mortar for repair of concrete shall consist of 1 part cement, 2 parts finely graded sand, and enough water to make the mixture plastic. When required to prevent color difference,white cement shall be added to produce the color required. When required by the Engineer, latex adhesive shall be added to the mortar. 3 (7) Admixtures 3 Calcium Chloride will not be permitted. Unless otherwise noted,air-entraining,retarding and water- reducing admixtures may be used in all concrete and shall conform to the following requirements: A "water-reducing, retarding admixture" is defined as a material which, when added to a concrete mixture in the correct quantity, will reduce the quantity of mixing water required to produce concrete of a given consistency and will retard the initial set of the concrete. A "water-reducing admixture" is defined as a material which, when added to a concrete mixture in the correct quantity,will reduce the quantity of mixing water required to produce concrete of a given 1 030020 Page 4 of 13 Rev.10-30-2014 1 Ile consistency. (a) Retarding and Water-Reducing Admixtures. The admixture shall meet the requirements for Type A and Type D admixture as specified in ASTM Designation: C494,modified as follows: (1) The water-reducing retarder shall retard the initial set of the concrete a minimum of 2 hours and a maximum of 4 hours, at a specified dosage rate,at a temperature of 90°F. (2) The cement used in any series of tests shall be either the cement proposed for specific work or a "reference" Type I cement from one mill. (3) Unless otherwise noted on the plans,the minimum relative durability factor shall be 80. The air-entraining admixture used in the referenced and test concrete shall be neutralized Vinsol resin. (b) Air-Entraining Admixture. The admixture shall meet the requirements of ASTM Designation: C260,modified as follows: fr. (1) The cement used in any series of tests shall be either the cement proposed for specific work or a "reference" Type I cement from one mill. (2) Unless otherwise noted on the plans,the minimum relative durability factor shall be 80. The air-entraining admixture used in the referenced concrete shall be neutralized Vinsol resin. art 3. STORAGE OF CEMENT All cement shall be stored in well-ventilated weatherproof buildings or approved bins, which will protect it from dampness or absorption of moisture. Storage facilities shall be ample, and each shipment of packaged cement shall be kept separated to provide easy access for identification and inspection. The Engineer may permit small quantities of sacked cement to be stored in the open for a maximum of 48 hours on a raised platform and under waterproof covering. 4. STORAGE OF AGGREGATE The method of handling and storing concrete aggregate shall prevent contamination with foreign materials. If the aggregates are stored on the ground,the sites for the stockpiles shall be clear of all vegetation and level. The bottom layer of aggregate shall not be disturbed or used without recleaning. 030020 Page 5 of 13 Rev.10-30-2014 I When conditions require the use of two or more sizes of aggregates, they shall be separated to prevent intermixing. Where space is limited,stockpiles shall be separated by physical barriers. Methods of handling aggregates during stockpiling and subsequent use shall be such that segregation 1 will be minimized. Unless otherwise authorized by the Engineer, all aggregate shall be stockpiled at least 24 hours to i reduce the free moisture content. 5. MEASUREMENT OF MATERIALS r The measurement of the materials, except water, used in batches of concrete, shall be by weight. The fine aggregate, coarse aggregate and mineral filler shall be weighed separately. Where bulk 111 cement is used, it shall be weighed separately, but batch weighing of sacked cement will not be required. Where sacked cement is used, the quantities of material per batch shall be based upon using full bags of cement. Batches involving the use of fractional bags will not be permitted. Allowance shall be made for the water content in the aggregates. Bags of cement varying more than 3 percent from the specified weight of 94 pounds may be rejected, and when the average weight per bag in any shipment, as determined by weighing 50 bags taken at random, is less than the net weight specified, the entire shipment may be rejected. If the shipment is accepted, the Engineer will adjust the concrete mix to a net weight per bag fixed by an average of all individual weights which are less than the average weight determined from the total number weighed. I 6. CLASSIFICATION AND MIX DESIGN It shall be the responsibility of the Contractor to furnish the mix design, using a coarse aggregate factor acceptable to the Engineer, for the class(es) of concrete specified. The mix shall be designed by a qualified concrete technician to conform with the requirements contained herein and in I accordance with the THD Bulletin C-11. The Contractor shall perform, at his own expense, the work required to substantiate the design, except the testing of strength specimens, which will be done by the Engineer. Complete concrete design data shall be submitted to the Engineer for approval. It shall also be the responsibility of the Contractor to determine and measure the batch quantity of each ingredient, including all water, so that the mix conforms to these specifications and any other requirements shown on the plans. Trial batches will be made and tested using all of the proposed ingredients prior to placing the I concrete, and when the aggregate and/or brand of cement or admixture is changed. Trial batches shall be made in the mixer to be used on the job. When transit mix concrete is to be used, the trial designs will be made in a transit mixer representative of the mixers to be used. Batch size shall not be less than 50 percent of the rated mixing capacity of the truck. Mix designs from previous or concurrent jobs may be used without trial batches if it is shown that no I 030020 Page 6 of 13 Rev.10-30-2014 I r substantial change in any of the proposed ingredients has been made. The coarse aggregate factor shall not be more than 0.82, except that when the voids in the coarse aggregate exceed 48 percent of the total dry loose volume, the coarse aggregate factor shall not exceed 0.85. The coarse aggregate factor shall not be less than 0.70 for Grades 1, 2 and 3 aggregates. If the strength required for the class of concrete being produced is not secured with the cement specified in Table 4, the Contractor may use an approved water-reducing or retarding admixture, or he shall furnish aggregates with different characteristics which will produce the required results. Additional cement may be required or permitted as a temporary measure until the redesign is checked. Water-reducing or retarding agents may be used with all classes of concrete at the option of the Contractor. When water-reducing or retarding agents are used at the option of the Contractor,reduced dosage of the admixture will be permitted. Entrained air will be required in accordance with Table 4. The concrete shall be designed to entrain 5 percent air when Grade 2 coarse aggregate is used and 6 percent when Grade 3 coarse aggregate is used. Concrete as placed in the structure shall contain the proper amount as required above with a tolerance of plus or minus 1.5 percentage points. Occasional variations beyond this tolerance will not be cause for rejection. When the quantity of entrained air is found to be above 7 percent with Grade 2 coarse aggregate or above 8 percent for Grade 3 coarse aggregate, additional test beams or cylinders will be made. If these beams or cylinders pass the minimum flexural or compressive requirements,the concrete will not be rejected because of the variation in air content. 7. CONSISTENCY In cases where the consistency requirements cannot be satisfied without exceeding the maximum allowable amount of water,the Contractor may use,or the Engineer may require,an approved water- reducing or retarding agent, or the Contractor shall furnish additional aggregates or aggregates with different characteristics,which will produce the required results. Additional cement may be required or permitted as a temporary measure until aggregates are changed and designs checked with the different aggregates or admixture. The consistency of the concrete as placed should allow the completion of all finishing operations without the addition of water to the surface. When field conditions are such that additional moisture is needed for the final concrete surface finishing operation,the required water shall be applied to the surface by fog spray only, and shall be held to a minimum. The concrete shall be workable, cohesive, possess satisfactory finishing qualities, and of the stiffest consistency that can be placed and vibrated into a homogenous mass. Excessive bleeding shall be avoided. Slump requirements will be as specified in Table 3. I 030020 Page 7 of 13 Rev.10-30-2014 r TABLE 3 3 Slump Requirements Concrete Designation Desired Slump Max. Slump Structural Concrete: (1) Thin-Walled Sections(9" or less) 4 inches 5 inches (2) Slabs,Caps,Columns,Piers, Wall Sections over 9",etc. 3 inches 4 inches Underwater or Seal Concrete 5 inches 6 inches Riprap,Curb,Gutter and Other Miscellaneous Concrete 2.5 inches 4 inches NOTE: No concrete will be permitted with slump in excess of the maximums shown. 8. QUALITY OF CONCRETE General The concrete shall be uniform and workable. The cement content, maximum allowable water- cement ratio, the desired and maximum slump and the strength requirements of the various classes of concrete shall conform to the requirements of Table 3 and Table 4 and as required herein. During the process of the work,the Engineer or his designated representative will cast test cylinders or beams as a check on the compressive or flexural strength of the concrete actually placed. Test cylinders must be picked up by the testing lab within 24 hours. A test shall be defined as the average of the breaking strength of two cylinders or two beams, as the 3 case may be. Specimens will be tested in accordance with TxDOT Test Methods Tex-418-A or Tex-420-A. Test beams or cylinders will be required as specified in the contract documents. For small placements on structures such as manholes, inlets, culverts, wingwalls, etc., the Engineer may vary the number of tests to a minimum of one for each 25 cubic yards placed over a several day period. All test specimens, beams or cylinders, representing tests for removal of forms and/or falsework shall be cured using the same methods,and under the same conditions as the concrete represented. "Design Strength" beams and cylinders shall be cured in accordance with THD Bulletin C-11. The Contractor shall provide and maintain curing facilities as described in THD Bulletin C-I1 for the purpose of curing test specimens. Provision shall be made to maintain the water in the curing tank at temperatures between 70°F and 90°F. 3 When control of concrete quality is by twenty-eight-day compressive tests,job control will be by seven-day compressive tests which are shown to provide the required twenty-eight-day strength, based on results from trial batches. If the required seven-day strength is not secured with the cement 030020 Page 8 of 133 Rev.10-30-2014 r specified in Table 4,changes in the batch design will be made. TABLE 4 L, Classes of Concrete Minimum Class Compressive Min. Beam Maximum Coarse of Sacks Cement Strength(fc) Strength Water-Cement Aggregate Concrete per C.Y. (min.) 28-Day(psi) 7-Day(psi) Ratio(gal/sack) No. L A* 5.0 3000 500*** 6.5 2-4-8**** B* 4.5 2500 417 8.0 2-4-8**** L C* 6.0 3600 600*** 6.0 1-2-4** D 6.0 3000 500 7.0 2-4 S 6.5 4000 570 5.0 2-4 *Entrained Air(slabs,piers and bent concrete). **Grade 1 Coarse Aggregate may be used in foundation only(except cased drilled shafts). ***When Type II Cement is used with Class C Concrete, the 7-day beam break requirement will be 550 psi; Lwith Class A Concrete,the minimum 7-day beam break requirement will be 460 psi. ****Permission to use Grade 8 Aggregate must have prior approval of the Engineer. 9. MIXING CONDITIONS iii The concrete shall be mixed in quantities required for immediate use. Any concrete which is not in place within the limits outlined in City Standard Specification Section 038000 "Concrete Structures", Article "Placing Concrete-General", shall not be used. Retamping of concrete will not be permitted. In threateningweather, which mayresult in conditions that will adverselyaffect the qualityof the � concrete to be placed, the Engineer may order postponement of the work. Where work has been f started and changes in weather conditions require protective measures, the Contractor shall furnish adequate shelter to protect the concrete against damage from rainfall, or from freezing temperatures. tit If necessary to continue operations during rainfall, the Contractor shall also provide protective Li. coverings for the material stockpiles. Aggregate stockpiles need be covered only to the extent necessary to control the moisture conditions in the aggregates to adequately control the consistency of the concrete. 10. MIXING AND MIXING EQUIPMENT All equipment,tools, and machinery used for hauling materials and performing any part of the work shall be maintained in such condition to insure completion of the work underway without excessive delays for repairs or replacements. The mixing shall be done in a batch mixer of approved type and size that will produce uniform 030020 Page 9 of 13 Rev.10-30-2014 }r' f 3 distribution of the material throughout the mass. Mixers may be either the revolving drum type or the revolving blade type, and shall be capable of producing concrete meeting the requirements of these specifications. After all the ingredients are assembled in the drum,the mixing shall continue not less than 1 minute for mixers of one cubic yard or less capacity plus 15 seconds for each additional cubic yard or portion thereof The mixer shall operate at the speed and capacity designated by the Mixer Manufacturers Bureau of the Associated General Contractors of America. The mixer shall have a plate affixed showing the manufacturer's recommended operating data. The absolute volume of the concrete batch shall not exceed the rated capacity of the mixer. The entire contents of the drum shall be discharged before any materials are placed therein for the succeeding batch. The first batch of concrete materials placed in the mixer for each placement shall contain an extra quantity of sand,cement and water sufficient to coat the inside surface of the drum. 3 Upon the cessation of mixing for any considerable length of time, the mixer shall be thoroughly cleaned. The concrete mixer shall be equipped with an automatic timing device which is put into operation when the skip is raised to its full height and dumping. This device shall lock the discharging mechanism and prevent emptying of the mixer until all the materials have been mixed together for the minimum time required,and it shall ring a bell after the specified time of mixing has elapsed. The water tank shall be arranged so that the amount of water can be measured accurately, and when 3 the tank starts to discharge,the inlet supply shall cut off automatically. Whenever a concrete mixer is not adequate or suitable for the work, it shall be removed from the site upon a written order from the Engineer and a suitable mixer provided by the Contractor. Pick-up and thro-over blades in the drum of the mixer which are worn down more than 10 percent in - depth shall be repaired or replaced with new blades. Improperly mixed concrete shall not be placed in the structure. Job mix concrete shall be concrete mixed in an approved batch mixer in accordance with the requirements stated above, adjacent to the structure for which the concrete is being mixed, and moved to the placement site in non-agitating equipment. 3 11. READY-MIX PLANTS A. General. It shall be the Contractor's responsibility to furnish concrete meeting all requirement of the governing specification sections, and concrete not meeting the slump, workability and consistency requirements of the governing specification sections shall not be 030020 Page 10 of 131 Rev.10-30-2014 a C placed in the structure or pavement. Ready-Mixed Concrete shall be mixed and delivered by means of one of the following approved methods. rr (1) Mixed completely in a stationary mixer and transported to the point of delivery in a truck agitator or a truck mixer operating at truck agitator or truck mixer agitation speed. (Central-Mix Concrete) (2) Mixed complete in a truck mixer and transported to the placement site at mixing and/or agitating speed (Transit-Mix Concrete), subject to the following provisions: (a) Truck mixers will be permitted to transport concrete to the job site at mixing speed if equipped with double actuated counters which will separate revolutions at mixing speed from total revolutions. (b) Truck mixers equipped with a single actuated counter counting total revolutions of the drum shall mix the concrete at the plant not less than 50 nor more than 70 revolutions at mixing speed, transport it to the job site at agitating speed and complete the required mixing before placing the concrete. (3) Mixed completely in a stationery mixer and transported to the job site in approved non-agitating trucks with special bodies. This method of transporting will be permitted for concrete pavement only. B. Equipment. (1) Batching Plant. The batching plant shall be provided with adequate bins for batching all aggregates and materials required by the specifications. Bulk cement shall be weighed on a scale separate from those used for other materials and in a hopper entirely free and independent of that used for weighing the aggregates. ihi (2) Mixers and Agitators. (a) General: Mixers shall be of an approved stationary or truck-type capable of combining the ingredients into a thoroughly mixed and uniform mass. Facilities shall be provided to permit ready access to the inside of the drum for inspection,cleaning and repair of blades. Mixers and agitators shall be to dailyexamination for changes in g subject condition due to accumulation of hardened concrete and/or wear of blades, and any hardened concrete shall be removed before the mixer will be ter permitted to be used. Worn blades shall be repaired or replaced with new in 030020 Page 11 of 13 Rev.10-30.2014 x3 accordance with the manufacturer's design and arrangement for that particular unit when any part or section is worn as much as 10 percent below the original height of the manufacturer's design. (b) Stationary Mixers: These shall conform to the requirements of Article "Mixing and Mixing Equipment". Truck mixers mounted on a stationary base will not be considered as a stationary mixer. 1 (c) Truck Mixers: In addition, truck mixers shall comply with the following requirements: An engine in satisfactory working condition and capable of accurately gauging the desired speed of rotation shall be mounted as an integral part of the mixing unit for the purpose of rotating the drum. Truck mixers equipped with a transmission that will govern the speed of the drum within the specified revolutions per minute(rpm)will not require a separate engine. All truck mixers shall be equipped with actuated counters by which the proper number of revolutions of the drum, as specified in Article 11. A. above, may be readily verified. The counters shall be read and recorded at the start of mixing at mixing speeds. Each until shall have adequate water supply and accurate metering orI gauging devices for measuring the amount used. (d) Agitators: Concrete agitators shall be of the truck type, capable of maintaining a thoroughly mixed and uniform concrete mass and discharging it within the same degree of uniformity specified for mixers. Agitators shall comply with all of the requirements for truck mixers, except for the actual mixing requirements. C. Operation of Plant and Equipment. 3 Delivery of ready-mixed concrete shall equal or exceed the rate approved by the Engineer for continuous placement. In all cases, the delivery of concrete to the placement site shall assure compliance with the time limits in the applicable specification for depositing successive batches in any monolithic unit. The Contractor shall satisfy the Engineer that adequate standby trucks are available. A standard ticket system will be used for recording concrete batching,mixing and delivery date. .3 Tickets will be delivered to the job inspector. Loads arriving without ticket and/or in unsatisfactory condition shall not be used. 1 When a stationary mixer is used for the entire mixing operation, the mixing time for one cubic yard of concrete shall be one minute plus 15 seconds for each additional cubic yard or portion thereof This mixing time shall start when all cement, aggregates and initial water have entered the drum. 030020 Page 12 of 133 Rev.10-30-2014 C The mixer shall be charged so that some of the mixing water will enter the drum in advance of the cement and aggregate. All of the mixing water shall be in the drum by the end of the first one-fourth of the specified mixing time. Water used to flush down the blades after charging shall be accurately measured and included in the quantity of mixing water. The introduction of the initial mixing water, except blade wash down water and that permitted in this Article, shall be prior to or simultaneous with the charging of the aggregates and cement. The loading of truck mixers shall not exceed 63 percent of the total volume of the drum. When used as an agitator only,the loading shall not exceed 80 percent of the drum volume. When Ready-Mix Concrete is used, additional mortar (one sack cement, three parts sand and sufficient water) shall be added to the batch to coat the drum of the mixer or agitator truck, and this shall be required for every load of Class C concrete only and for the first batch from central mix plants. A portion of the mixing water, required by the batch design to produce the desired slump, may be withheld and added at the job site, but only with permission of the Engineer and under his supervision. When water is added under the above conditions, it shall be thoroughly mixed as specified below for water added at the job site. Mixing speed shall be attained as soon as all ingredients are in the mixer, and each complete batch (containing all the required ingredients) shall be mixed not less than 70 nor more than 100 revolutions of the drum at mixing speed except that when water is added at the job site, 25 revolutions (minimum) at mixing speed will be required to uniformly disperse the additional water throughout the mix. Mixing speed shall be as designated by the manufacturer. tot All revolutions after the prescribed mixing time shall be at agitating speed. The agitating speed shall be not less than one (1) nor more than five (5) rpm. The drum shall be kept in continuous motion from the time mixing is started until the discharge is completed. 12. PLACING,CURING AND FINISHING The placing of concrete, including construction of forms and falsework, curing and finishing, shall be in accordance with City Standard Specification Section 038000 "Concrete Structures". F it`' 13. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, the quantities of concrete of the various classifications which will constitute the completed and accepted structure(s) in-place will be measured by the cubic yard, per each, square foot, square yard or linear foot, as the case may be. Measurement will be as shown on the drawings and/or in the Bid Form. fir Payment shall be full compensation for furnishing, hauling, mixing, placing, curing and finishing all concrete; all grouting and pointing; furnishing and placing drains; furnishing and placing metal flashing strips; furnishing and placing expansion joint material required by this specification or shown on the plans; and for all forms and falsework, labor, tools, equipment and incidentals f necessary to complete the work. 030020 ito Page 13 of 13 Rev.10-30-2014 SECTION 032020 REINFORCING STEEL 1. DESCRIPTION This specification shall govern the furnishing and placing of reinforcing steel, deformed and smooth, of the size and quantity designated on the plans and in accordance with these specifications. 2. MATERIALS Unless otherwise designated on the plans, all bar reinforcement shall be deformed, and shall conform to ASTM Designation: A 615, Grades 60 or 75, and shall be open hearth, basic oxygen, or electric furnace new billet steel. Large diameter new billet steel (Nos. 14 and 18),Grade 75,will be permitted for straight bars only. L Where bending of bar sizes No. 14 or No. 18 of Grade 60 is required, bend testing shall be performed on representative specimens as described for smaller bars in the applicable ASTM Specification. The required bend shall be 90 degrees around a pin having a diameter of 10 times the nominal diameter of the bar. Spiral reinforcement shall be smooth (not deformed) bars or wire of the minimum diameter shown on the plans, and shall be made by one or more of the following processes: open hearth, basic oxygen, or electric furnace. Bars shall be rolled from billets reduced from ingots and shall comply 6 with ASTM Designation: A 306, Grade 65 minimum (references to ASTM Designation: A 29 is voided). Dimensional tolerances shall be in accordance with ASTM Designation: A 615, or ASTM Designation: A 615, Grade 60, except for deformations. Wire shall be cold-drawn from rods that sib have been hot-rolled from billets and shall comply with ASTM Designation: A 185. In cases where the provisions of this specification are in conflict with the provisions of the ASTM Designation to which reference is made,the provisions of this specification shall govern. Report of chemical analysis showing the percentages of carbon,manganese, phosphorus and sulphur lost will be required for all reinforcing steel when it is to be welded. 1 r L 032020 Page 1 of 6 Rev.10-30-2014 I The nominal size and area and the theoretical weight of reinforcing steel bars covered by thisI specification are as follows: Nominal Weight perI Bar Size Diameter, Nominal Area, Linear Foot, Number In. Sq. In. Pounds 2 0.250 0.05 0.167 3 0.375 0.11 0.376 4 0.500 0.20 0.668 5 0.625 0.31 1.043 6 0.750 0.44 1.502 7 0.875 0.60 2.044 8 1.000 0.79 2.670 9 1.128 1.00 3.400 10 1.270 1.27 4.3033 11 1.410 1.56 5.313 14 1.693 2.25 7.6 18 2.257 4.00 13.60 Smooth round bars shall be designated by size number through No. 4. Smooth bars larger than No. 4 shall be designated by diameter in inches. When wire is ordered by gauge numbers, the following relation between gauge number and diameter, in inches,shall apply unless otherwise specified: Equivalent Equivalent Gauge Diameter, Gauge Diameter, Number Inches Number Inches 0 0.3065 8 0.1620 1 0.2830 9 0.1483 1 2 0.2625 10 0.1350 3 0.2437 11 0.1205 3 4 0.2253 12 0.1055 5 0.2070 13 0.0915 6 0.1920 14 0.0800 7 0.1770 032020 Page 2 of 63 Rev.10-30-2014 3. BENDING The reinforcement shall be bent cold, true to the shapes indicated on the plans. Bending shall preferably be done in the shop. Irregularities in bending shall be cause for rejection. Unless otherwise shown on the plans, the inside diameter of bar bends, in terms of the nominal bar diameter(d),shall be as follows: Bends of 90 degrees and greater in stirrups, ties and other secondary bars that enclose another bar in the bend: Grade 60 #3,#4,#5 4d #6,#7,#8 5d All bends in main bars and in secondary bars not covered above: Grade 60 Grade 75 #3 thru#8 6d -- #9,#10 8d -- #11 8d 8d #14,#18 10d -- r I r 032020 Page 3 of 6 Rev.10-30-2014 r 4. TOLERANCES3 Fabricating tolerances for bars shall be within 3 percent of specified or as follows: IPlan Dineen- * 3/4" l I T/B" Bar or Smaller—Plan. Oin- s I/2" 1I 1" Bar or Larger —Plan. Damen. * 1` * 3/4.. I H= over 6”..—Doman.—o— Zero or —4/2 H s 6' and Tess—Oimen. • Zero or —6/4" 1 c....... %S.Ns‘.........114 IT/8` Bar or Smaller--Plan Dimon. * lie. _--••// 1 Bar or Larger—Plan Oilmen. s I" piral or Circular Tie Cy Te or v_/ 11 Plan Dimon.* Dina*1/2 f 5. STORING Steel reinforcement shall be stored above the surface of the round uponplatforms, skids or other g supports, and shall be protected as far as practicable from mechanical injury and surface deterioration caused by exposure to conditions producing rust. When placed in the work, 3 reinforcement shall be free from dirt, paint, grease, oil, or other foreign materials. Reinforcement shall be free from injurious defects such as cracks and laminations. Rust, surface seams, surface irregularities or mill scale will not be cause for rejection, provided the minimum dimensions, cross- sectional area and tensile properties of a hand wire crushed specimen meets the physical requirements for size and grade of steel specified. 6. SPLICES No splicing of bars,except when provided on the plans or specified herein,will be permitted without written approval of the Engineer. Splices will not be permitted in main reinforcement at points of maximum stress. When permitted in main bars,splices in adjacent bars shall be staggered a minimum of two splice lengths. I 032020 Page 4 of 6 Rev.10-30-2014 L TABLE 1 Minimum Lap Requirements Lap Uncoated Coated Lap in inches > 40d 60d Where: d=bar diameter in inches Welding of reinforcing bars may be used only where shown on the plans or as permitted herein. All welding operations, processes, equipment, materials, workmanship and inspection shall conform to the requirements of the drawings and industry standards. All splices shall be of such dimension and character as to develop the full strength of bar being spliced. End preparation for butt welding reinforcing bars shall be done in the field. Delivered bars shall be of sufficient length to permit this practice. For box culvert extensions with less than one foot of fill, the existing longitudinal bars shall have a 20-diameter lap with the new bars. For box culvert extensions with more than one foot of fill, a minimum of 6 inches lap will be required. Unless otherwise shown on the plans, dowel bars transferring tensile stresses shall have a minimum embedment equal to the minimum lap requirements shown in Table 1. Shear transfer dowels shall have a minimum embedment of 12 inches. 7. PLACING Reinforcement shall be placed as near as possible in the position shown on the plans. Unless otherwise shown on the plans,dimensions shown for reinforcement are to the centers of the bars. In the plane of the steel parallel to the nearest surface of concrete, bars shall not vary from plan placement by more than one-twelfth of the spacing between bars. In the plane of the steel perpendicular to the nearest surface of concrete, bars shall not vary from plan placement by more than one-quarter inch. Cover of concrete to the nearest surface of steel shall meet the above requirements but shall never be less than one inch or as otherwise shown on the plans. 6 Vertical stirrups shall always pass around the main tension members and be attached securely thereto. The reinforcing steel shall be spaced its required distance from the form surface by means of approved galvanized metal spacers, metal spacers with plastic coated tips, stainless steel spacers, plastic spacers, or approved pre-cast mortar or concrete blocks. For approval of plastic spacers on the project, representative samples of the plastic shall show no visible indications of deterioration after immersion in a 5 percent solution of sodium hydroxide for 120 hours. All reinforcing steel shall be tied at all intersections, except that where spacing is less than one foot in each direction, alternate intersections only need be tied. Before any concrete is placed, all mortar shall be cleaned from the reinforcement. Precast mortar or concrete blocks to be used for holding steel in position adjacent to formed surfaces shall be cast in molds meeting the approval of the Engineer and shall be cured by covering with wet burlap or cotton 032020 Page 5 of 6 Rev.10-30-2014 3 mats for a period of 72 hours. The blocks shall be cast in the form of a frustum of a cone or pyramid with the smaller face placed against the forms. A suitable tie wire shall be provided in each block, to be used for anchoring to the steel. Except in unusual cases, and when specifically otherwise authorized by the Engineer,the size of the surface to be placed adjacent to the forms shall not exceed two and one-half inches square or the equivalent thereof in cases where circular or rectangular areas are provided. Blocks shall be cast accurately to the thickness required, and the surface to be placed adjacent to the forms shall be a true plane free of surface imperfections. Reinforcement shall be supported and tied in such manner that a sufficiently rigid case of steel is provided. If the cage is not adequately supported to resist settlement or floating upward of the steel, overturning of truss bars or movement in any direction during concrete placement, permission to continue concrete placement will be withheld until corrective measures are taken. Sufficient measurements shall be made during concrete placement to insure compliance with the first paragraph of Article 7 of this specification. Mats of wire fabric shall overlap each other sufficiently to maintain a uniform strength and shall be fastened securely at the ends and edges. No concrete shall be deposited until the Engineer has inspected the placement of the reinforcing steel and given permission to proceed. 8. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, reinforcing steel is considered subsidiary to the various items shown in the Bid Form and shall not be measured and paid for as a separate item. 3 3 3 032020 Page 6 of 6 Rev.10-30-2014 vl H H H W IN N ADVANTAGE LED SIGNS a What You Need to Know About LED Displays Part 1 LED Diodes "Did You Know" rr All of our displays have 100,000 Increasing contrast creates visually brighter displays and VIEWING NGLES_ hr rated LEDs. Advantage LED impact! 160°`�� utilizes Slim Line"3 mm AMP / .`, �‘ diodes. The superior brightness ‘ Things to look out for: ,,. and increased space between 9(3%5 +>�°t 5 mm diodes are outdated and provide poor contrast. o^a'" diodes dramatically improves contrast ratio and image Brightness ratings below 9500 NITS will have diminished view LED ability during the daylight hours. Narrow viewing angles will sharpness. Our LEDs also feature a wide 160 degree color shift and become dark and are veiwed for shorter periods viewing angles to produce of time. try longer read times for passing traffic. iPixet' Technology "Did You Know" M. !iININFa A key factor in how good an image or graphic looks Higher Resolution/Matrix=Better Image Quality $10040:• g on your display is the resolution/matrix. Advantage Things to look out for: Nh" LED's proprietary iPixel" Technology provides the highest resolution available today. Every iPixel" Displays that provide only a physical pitch specification will display we build has up to 4X the number of Driver limit your resolution and image quality. Many competitors will IC Chips when compared to other manufacturers. feature"optimized","enhanced","virtual"or"shared"pixel col:4. Our proprietary HARDWARE allows each LED diode options,which only use software to try and improve image i4 to be controlled individually,resulting in smoother, quality. Don't be fooled,these companies are still just working more detailed images and text. with a larger,multi-LED pixel,which thereby can not match iPixel image quality and performance. Sign Controller-Darwin NS2TM "Did You Know" Advantage LED utilizes the Darwin Intel-Based Control Systems are more expensive to integrate NS2TM Industrial Controller. This into LED displays. You can't afford to skimp on performance Windows 7-based control system and reliability,especially when it is the brain that drives your with Intel"CPU processes 281 display. /-� Trillion Colors at 60 frames per Things to look out for: in♦e) ] second with 900 Hz refresh rate. tel / The Darwin NS2"is compatible with Adobe Flash Files(.SWF),Windows Low End Controllers usually have 1 to 8 Gigabytes(GB)of Windows 7 Media Files(.WMV),Apple storage. Low End Controllers do not utilize Intel-Based QuickTime(.MOV),(.AVI)plus more! Technology nor Microsoft Windows 7 operating systems. In All of your content files are stored most cases they are not compatible with third party media and tip 0 on a built-in Solid State 40 Gigabyte software formats including compressed video. w"aai.... Ou,kr. .- hard drive. 1424 N.Sam Houston Pwy E.,160 Client: City of Corpus Christi Gas Department Sales Rep: Mark Bullock Houston,TX 77032 Proposal ID: QUO-11994-178D64rev1 Printed: 5/15/2015 12:57:52 PM ADVANTAGE LED SIGNS www.advantageledsigns.com Document: SL-0029-01 Release Date: 9-30-2013 TECL#29878 Page 6 of 8 ADVANTAGE LED SIGNS 11111 What You Need to Know About LED Displays Part 2 Smart Chip DiagnosticsTM &Remote Monitoring "Did You Know" mow Our Smart Chip"'Diagnostics can allow our technical support staff to remotely access sign control systems to troubleshoot t �, potential malfunctions. This allows then to quickly and f air properly diagnose problems and solve them or make sure correct replacement parts are dispatched to get your sign REMOTE MONITORING restored to full function expediently. rr Things to look out for: Advantage LED utilizes state of the art Smart Chip"'Technology in all LED signs without diagnostic capability can be very difficult to of our LED display systems. This proprietary technology sends troubleshoot and will cost more to operate in service labor continuous system health status reports to SM Command Center. because they require multiple trips to the site to diagnose and This technology allows our support staff to offer Proactive Tech replace parts. Support to optimize display performance. Conformal Coating "Did You Know" n1 ` , All of our electronics inside our signs are The two main enemies to LED displays and the cause of most . protected by a water,sea salt,dust and corrosion malfunctions are heat and moisture. resistance conformal coating. Even our power Things to look out for: .,. i i ,, supplies have factory-applied conformal coating 1'"c + to extend the life span and reliability of our LED LED signs that do not protect their internal electronics with displays. Our conformal coating is specially conformal coating will be prone to corrosion and repetitive �]t .�' �* formulated to allow our electronics to stay cool premature failures. Signs that use thick protective silicone coatingon both sides of the LED modules that trapheat in the and not overheat by trapping heat in. .1 WC LED circuit boards. SM Infinity Cloudware "Did You Know" TM Cloudware does not need a computer to be installed on. It SMInfinity exists on the Internet and is automatically updated to :loudware for digital advertising guarantee that it is always compatible with new operating systems. Things to look out for: Our software engineers developed the SM Software that is not cross platform compatible. Software Infinity"'as cloudware,which integrates both the without"Help Menus"and tutorials. Software without a Toll SN Infinite III scheduling and provides access to professional Free Software Support line. Non-US-based Software Phone .f j content creators through one powerful solution. Support. Software that is not compatible with third party file $' 416/14HSM Infinity"'is designed as a cross platform formats such as(.MOV)and(.SWF). Companies that won't let software solution compatible with PC,UNIX,Mac, you test drive their software or demo how it works. iPad,iPhone,&Android devices. U , 1424 N.Sam Houston Pwy E.,160 Client: City of Corpus Christi Gas Department Sales Rep: Mark Bullock Houston,TX 77032 Proposal ID: QUO-11994-178D64rev1 Printed: 5/15/2015 12:57:52 PM ADVANTAGE LED SIGNS www.advantageledsigns.com Document: 5L-0029-01 Release Date: 9-30-2013 TECL#29878 Page 7 of 8 �r. ADVANTAGE LED `' SIGNS 23 Hard Questions You Should Ask Before Buying LED Signs L iiiailEa Brand X Does your sign company manufacture their own product? Can they refer you to previous clients with at least 2 years working signs? How old is the Company? 10yrs Are their products Certified by a Third-Party Agency for Quality? UL& Ell How long is the Parts Warranty? 5 Years Do they provide On-Site Labor Service and for how long? .5 Years How long do they offer Toll-Free Technical Support that is US based? Lifetime How long do they offer Free Sofware Training? Lifetiq to Do they keep Parts In Stock for immediate shipment for sign repairs? How long do they keep spare parts in stock for legacy product lines? 10+Years Is their software Cloud based with Automatic Backup of your content? Is their software PC, Mac, iPad, iPhone and Android compatible? 1/ Have you taken the Software for a Test Drive? 1� How long do they provide Professionally Created Custom Content for free? 1 Year Is the Resolution/Matrix big enough to create High-Impact Quality images and text? What is the Brightness of their display? 10,000+nits Are the LED modules and internal components Conformal Coated to Resist Corrosion? Does the sign have a Thermostatically Controlled Cooling System? Does the sign have built in Surge Suppression System? I Is the entire sign coated,sealed and finished with durable Spray-On Truck Bed Liner? I Does your sign company offer Turnkey Installations? �--- Do they provide job-specific State-Certified Engineering Drawings? tl� Can they and do they Pull all necessary State,County and City Permits for you? 1424 N.Sam Houston Pwy E.,160 Client: City of Corpus Christi Gas Department Sales Rep: Mark Bullock ADVANTAGE LED Houston,TX 77032 Proposal ID: QUO-11994 178D64rev1 Printed: 5/15/2015 12:57:52 PM SIGNS www.advantageledsigns.com Document: SL-0029-01 Release Date: 9-30-2013 TECL#29878 Page 8 of 8 ADVANTAGE LED SIGNS .4110 Lifetime Diagnostics & 5 Year Parts & Labor Warranty PLUS 5 Year ON-SITE Service �. Lifetime Lir__ r--'year tics Parts& On-Site pjagt105 Labor Service ADvantage LED offers an industry leading Limited Lifetime Warranty on its LED and Signage Traditional Static Signage,Sign Structure and Pole: Should the identification sign structure,its support structure,or pole on which it is mounted fail or malfunction due to workmanship or materials,under normal use and service,for the life of the sign,Advantage LED will at its discretion replace defective materials. Vandal Blade and Integrated Louver System: ADvantage LED warrants the Vandal Blade Systemagainst defects in workmanship and breakage from vandalism for the life of the sign. Exclusions include damage or breakage due to a fired projectile such as bullets or arrows and cosmetic damage due to spray paint or graffiti. Electronic LED Display: ADvantage LED warrants the LED display to be free from defects in workmanship and materials for a period of five(5)years from date of shipment from Ontario California facility. In the event a defect occurs,ADvantage LED will replace defective component. For Series 51 clients,when on-site labor is required and sign is installed at or below 37 ft OAH,ADvantage LED will cover the on-site labor after a$100 Co-Pay is satisfied. Warranty period begins at date of installation when installation services are purchased from ADvantage LED. ilrr Communication Devices: ADvantage LED warrants modems,wireless radio systems, Ethernet devices,fiber devices and Cat 5 cabling from defects in workmanship and materials for a period of 24 months. Excluded items include fiber cable,when applicable. General Warranty Terms: This warranty covers products under normal use and service. Damage caused by Acts of God, Lighting,intentional breakage or negligence are excluded from this warranty. Warranty Claims must be submitted in tro writing within thirty(30)days of malfunction or damage. ADvantage LED,at its discretion, may elect to visit the installation location to document the claim prior to assuming any responsibility under the provisions of this warranty. This document is intended to provide a general understanding of the ADvantage LED Limited Lifetime Warranty,a complete warranty statement is available upon request. Loss of Revenue: ADvantage LED is not responsible for any loss of revenue due to delays or repairs associated with the LED r,in display or any other identification signs installed or proposed. 1424 N.Sam Houston Pwy E.,160 Client: City of Corpus Christi Gas Department Sales Rep: Mark Bullock ADVANTAGE LED Houston,TX 77032 Proposal ID: QUO 11994-178D64rev1 Printed: 5/15/2015 12:57:52 PM SIGNS M www.advantageledsigns.com Document: SL-0029-01 Release Date: 9-30-2013 TECL#29878 Page 5 of 8 El z LAI LAI LAI j I LAI &Ai LAI AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § im l�. THIS AGREEMENT is entered into this 17TH day of JULY, 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 Alpha Building Corp. termed in the Contract Documents as "Contractor," r upon these terms, performable in Nueces County, Texas: rr In consideration of the payment of $229,502.63 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) GAS DEPT. DIGITAL BILLBOARD Iw PROJECT NO. E15153 TOTAL AMOUNT: $229,502.63 according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev.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 Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. L The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 110 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. r r L } Page 2 of 3 Rev.Aug-2014 r ilia r ii"" CITY OF CORP ' HRIS I /Q21/7' B :L , — ttJiW q/b Y Vale 7 ray, P. V Exec e Direct• •f P blic Works APPROVED AS TO LEGAL FORM r 6 /// B : '_ r As . fly Attorney / r RECOMMENDED: APPROVED: w r 4 6 4J4\c . nding Dept. Approval (Dep Head) Director of Management& Budget 9/411 V . Date y^���p:aaa S"3b�' '�" r Date r 34/3A idca-.S30/.5OsF. 1, 0,3 L,, 4130-34 530500 E15153014130EXP - / , 502 , b3 Funding SourceTri"---- k 1{o10I( jo-obz-5500l o - k 4o/oo0 /r.3-- 11-X0-3300 -DA--631)01 0— /D1 ooh i. 1I300-320n'1-071 -3c oo —# 4c C)O CONTRACTOR r ATTEST: (If Corporation) Al•ha Buil.' - Core. r. r t AI By: _ ' (Seal Below) Title: I ' A ! (Note: If Person signing for corporation is not President, 4738 Whirlwind attach copy of authorization (Address) to sign) San Antonio, TX 78217 ,i, (City) (State) (ZIP) 210/767-0955 * 210/767-0956 (Phone) (Fax) it mdurisrg al03 ium dir;g orYi_ (E-Mail) -- - r L Page 3 of 3 Rev.Aug-2014 e ib Graziella Mess From: Gabriel Hinojosa Sent Tuesday,August 04,2015 422 PM To: Grazieila Mesa;Thomas Steiner Subject Billboard Charge codes We have some late financial backers to the game. Please use the charge codes below for$120k. Thanks, Gabriel Hinojosa, P.E. Construction Superintendent City of Corpus Christi Gas Department 4225 S. Port Ave. Corpus Christi,TX 78415 361-885-6907 From:M.P.Sudhakaran Sent:Tuesday,August 04,2015 1:44 PM To:Debbie Marroquin<DebbieM@cctexas.com> Subject:Charge codes Good afternoon, Please use the following charge codes for the"Bill Board"project. 4010-30000-062-530010-$40,000 4200-33000-064-530010-$40,000 and 4300-32007-071-530000-$40,000. 400 3t1000 —O2 2-6-305o0 1o9,50' Thank you. Sincerely, M.P.Sudhakaran 1 r lir r r. r h rir PROPOSAL/DISCLOSURE 611 STATEMENT r r it LiLPHA Mrs.Gracie Mesa 6-10-2015 City of C.C. Engineering lo' 1201 Leopard Street Corpus Christi,Texas 78401 We are pleased to present our proposal for the New Digital Display Billboard located at 4225 S. Port Ave.78415. Scope of Work Provide material and labor to: `• Digital Display Billboard 1. Remove existing pole and sign.(cut off pole at ground level,cap with steel or fill hole in footer with concrete). i. 2. Provide engineered drawings for sign, pole and footer detail. 3. Fabricate and Install new 11'4"x 23'10" 12.5mm iPixel Full Color 272x576 iMatrix Double Face Display. 4. Excavate and pour new concrete footer for support structure pole up to 24"diameter. 5. Relocate existing electrical service panel to new pole within 6'radius of existing pole.(200 AMP @ 240V is required. In the event that adequate power is not at the sign,additional fees would be required to pull the required electric to the panel.) Cost- $223,905.00 Bond- $ 5,597.63 Total cost-$229,502.63 General Notes/Exclusions: • 1. Hazardous materials survey and/or abatement are not included. 2. Work is to be performed during normal working hours. 3. Budget cost for Wind Certification included. 4. Anything not listed above. i"' Schedule: A total of(110)calendar days.(this is subject to change depending on permitting and windstorm c- ificat'o-n appFoval• r . ie Mike Durish Area Manager Alpha Building Corporation 7 t 4738 Whirlwind Drive San Antonio Project Office O.210.767.0955 San Antonio, Texas 78217 alphabuilding.com F. 210.767.0956 r Irt-, f-,' i '" 11-- 11 ' If , fr-' f - 1 - , 1 " f -a. I' I' r.— r- 111' ALPHA Final Estimate Alpha Building Corporation-Mike Durish Alpha Building Corporation M2015-018-Job Order Contract City of Corpus Christi-Basic Contract Year- 2/17/2015 to 2/16/2017 Digital Display-01-150531 Estimator: Mike Durish Digital Display Division Summary(MF04) 01 -General Requirements 26-Electrical_______ 02-Existing Conditions _ 27-Communications 03-Concrete _ 28-Electronic Safety and Security 04-Masonry _ -- 31-Earthwork — 05-Metals -_ __� 32-Exterior Improvements — 06-Wood,Plastics.and Composites __ 33-Utilities 07-Thermal and Moisture Protection 34-Transportation 08-Openings 35-Waterway and Marine Transportation 09-Finishes41-Material Processing and Handling Equipment . 10-Specialties _ Y 44-Pollution Control Equipment 11 -Equipment 46-Water and Wastewater Equipment 12-Furnishings __ 48-Electric Power Generation 13-Special Construction Altemates $188,155.46 14-Conveying Equipment -- --- —___ Trades 21 •Fire Suppression �_ Assemblies 22-Plumbing FMR 23-Heating,Ventilating,and Air-Conditioning(HVACJ_ MF04 Total(Without totalling components) $188,155.46 Totalling Components Non-Pre-Priced Items $188,155.46 NH NPPI Coefficient (19.0000%) $35,749.54 Material,Labor,and Equipment Totals(No Totalling Components) PricedlNon-Priced Material: $0.00 Total Priced Items: 0 $0.00 Labor: - $0.00 Total Non-Priced Items: 2 $188,155.46 100.00% Equipment: $0.00 — —-- Other: $188,155.46 2 $188,155.46 Laborhours: 0.00 Green Line Items:0 $0.00 Grand Total $223,905.00 Printed 10 JUN 2015 12:35PM v2.626 Page 1 of 2 Digital Display-01-150531 r.w.,' r— r --" 11-- r ' Ir--"r 1- II' r-..e r It-- r r. _.. r.— r _ r. ,�. rr-' r - Alpha Building Corporation Final Estimate Estimator: Mike Durish Digital Display Item Description UM Quantity Unit Cost Total Book Alternates 1 01-41-26-50-0100-C Permits,Windstorm Certification Job 220,882.2200 1.1500% $2,540.15 CUSTOM N Windstorm Certification 2 10-14-53-20-2400C 11'-4 7/8"x 23'-10 7/16"12.5mm iPixel Full Color 272x576(Matrix Double Face Ea 1.0000 $185,615.31 $185,615.31 CUSTOMOBN Display P New Double Face Digital Diplay Board - Alternates Total $188,155.46 Estimate Grand Total 223,905.00 Printed 10 JUN 2015 12:35PM v2.626 Page 2 of 2 Digital Display-01-150531 ire 00 30 05 City of Corpus Christi Disclosure of Interest LI141111allASUPPLIER NUMBER TO BE ASSIGNED BY CITY- . PURCHASING DIVISION City ofCITY OF CORPUS CHRISTI CorpusDISCLOSURE OF INTEREST ilo Chnsti City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business r with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and is definitions. COMPANY NAME: Alpha Building Corporation Ir P.O.BOX: STREET ADDRESS: 24850 Blanco Rd CITY: San Antonio ZIP: 7826e FIRM IS: 1. Corporation 2. Partnership3. Sole Owner 0 4. Association 5. Other 8 DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of thisge 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 Job Title and City Department(if known) NTA r liNr 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 Ir 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 ins 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." lr. Name Consultant N/A it lYr Ir r r 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)] ha 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 Corpu 'sti,Texas as changes occur. Certifying Person: Andrew . Hi s Title: Corporate Secretary (Type o►Print) Ylr Signature of Certifying ` Date: 3/9/2 015 Person: DEFINITIONS F 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, i�. 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. ihr 00 6113 PERFORMANCE BOND BOND NO. 2201415 Contractor as Principal Surety Name: Alpha Building Corp. Name:North American Specialty Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 4738 Whirlwind 475 North Martingale Road,Suite 850 San Antonio,TX 78217 Schaumburg IL 60173 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:New Hampshire 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): Large Job Order Contract RFP 2014-07 847-273-1210 Proi. No. E15153 Gas Dept. Digital Billboard Telephone (for notice of claim): 1-800-338-9753 Local Agent for Surety Name: Hub International Texas,Inc. Award Date of the Contract: September 1,2015 Address: 10777 Westheimer#300 Houston TX 77042 Contract Price: $229,502.63 Telephone: 713-978-6668 Bond lawrence.rhodes@hubinternational.com Email Address: Date of Bond: September 2,2015 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 61 13-1 Corpus Christi Standards—Large JOC#E15153 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 Principal Surety // Signature: j, " A Signatur: 14, 4, p Name: Kath 1 PPn K .Acock Name: awrence L.Rhodes Title: CEO Title: Attorney-In-Fact Email Address: kacock@alphabuilding Email Address:lawrence.rhodes@hubinternational.com .co Ill (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 Corpus Christi Standards—Large JOC#E15153 7-8-2014 00 61 16 PAYMENT BOND BOND NO. 2201415 Contractor as Principal Surety Name: Alpha Building Corp. Name:North American Specialty Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 4738 Whirlwind San Antonio,TX 78217 475 North Martingale Road,Suite 850 Schaumburg IL 60173 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: Corpus Christi,Texas 78401 New Hampshire By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Large Job Order Contract RFP 2014-07 Telephone (main number): Proi. No. E15153 Gas Dept. Digital Billboard 847-273-1210 Telephone (for notice of claim): 1-800-338-9753 Local Agent for Surety Name: Hub International Texas,Inc. Award Date of the Contract: September 1,2015 Address:10777 Westheimer#300 Houston TX 77042 Contract Price: 5229,502.63 Bond Telephone: 713-978-6668 Email Address: lawrenre rhndes@huhinternatinnal cnm Date of Bond: September 2,2015 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 Payment Bond Form 00 61 16-1 Corpus Christi Standards—Large JOC#E15153 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 Principal Surety ' / / Signature: ` a/7411.e.„ d' �n� Signatu A �� ` �j of Name: Name: ence L.Rhodes Kathleen K. Acock Title: CEO Title: Attorney-In-Fact Email Address: Email Address: lawrence.rhodes@hubinternational.com kacock@alkphabuilding .Com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 Corpus Christi Standards—Large JOC#E15153 7-8-2014 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: LAWRENCE L.RHODES,BRADLEY D.JOHNSON, CATHY RAMIREZ,STEVEN E.WHITE and SCOTT McCLUER MILLER JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." O 0?4 !fit E'�P;•..Po'•• s � By �'�.�oR Rtj:G a SEAL m= Steven P.Anderson,Senior Vice President of Washington International Insurance Company Z'' SEAL kyr:•F 1973 rry;On &Senior Vice President of North American Specialty Insurance Company 0? :C By eftvg,it.*, t' David M.Layman,Vice President of Washington International Insurance Company &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this26th day of June ,2012 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 26th day of June ,2012 ,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL" l AL a 10 Jj4 4 DONNA D.SKLENS Notary Public.State of Illinois ► Donna D.Sklens,Notary Public I My Commission Expires 10/06/2015 I, Jeffrey Goldberg . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 2nd DAY of SEPTEMBER,2015. Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company IMPORTANT NOTICE AVISO IMPORTANTE In order to obtain information or make a complaint: Para obtener informacion o para someter un queja: You may contact Jeffrey Goldberg, Vice President- Puede comunicarse con Jeffrey Goldberg, Vice Claims, at 1-800-338-0753. President-Claims, al 1-800-338-0753. You may call Washington International Insurance Usted puede llamr al numero de telefono gratis de Company and/or North American Specialty Washington International Insurance Company Insurance Company's toll-free number for and/or North American Specialty Insurance information or to make a complaint at: Company's para informacion o para someter una queja al: 1-800-338-0753 1-800-338-0753 You may also write to Washington International Usted tambien puede escribir a Washington Insurance Company and/or North American International Insurance Company and/or North Specialty Insurance Company at the following American Specialty Insurance Company al: address: 475 North Martingale Road, Suite 850 475 North Martingale Road, Suite 850 Schaumburg, IL 60173 Schaumburg, IL 60173 You may contact the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas to obtain information on companies, coverages, rights para obtener informacion acerca de companias, or complaints at: coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512)475-1771 Fax: (512)475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: E-mail: ConsumerProtection(itdi.state.tx.us ConsumerProtection(c�tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your premium or Si tiene una disputa concerniente a su prima o a un about a claim you should first contact the Washington reclamo, debe comunicarse con el Washington International Insurance Company and/or North International Insurance Company and/or North American Specialty Insurance Company. If the American Specialty Insurance Company primero. Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comunicarse Department of Insurance. con el Departmento de Seguros de Texas. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not become Este aviso es solo para proposito de infromacion y no se a part or condition of the attached document. converte en parte o condicion del documento adjunto. L L L r s� r r irr PERFORMANCE BOND L ibe r r r p • 00 6113 PERFORMANCE BOND BOND NO. Contractor as Principal Surety Name: Alpha Building Corp. Name: Mailing address(principal place of business): Mailing address(principal place of business): 4738 Whirlwind San Antonio,TX 78217 r Physical address(principal place of business): Owner 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: 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): Large Job Order Contract RFP 2014-07 Prol. No. E15153 Gas Dept.Digital Billboard Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: 5229,502.63 Bond Telephone: Email Address: Date of Bond: The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 r _ ism lrr Performance Bond 00 61 13-1 Corpus Christi Standards—Large JOC#E15153 7-8-2014 L Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves,and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety V Signature: Signature: Name: Name: Ire Title: Title: Email Address: Email Address: M. (Attach Power of Attorney and place surety seal below) r L L END OF SECTION it r r.. Performance Bond 00 61 13-2 Corpus Christi Standards—Large JOC#E15153 7-8-2014 O PCI E-4 00 6116 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Alpha Building Corp. Name: Mailing address(principal place of business): Mailing address(principal place of business): 4738 Whirlwind San Antonio,TX 78217 t L Physical address(principal place of business): Owner 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: Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Large Job Order Contract RFP 2014-07 Telephone (main number): Proi.No.E15153 Gas Dept.Digital Billboard Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: $229,502.63 Bond Telephone: Email Address: Date of Bond: The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the } following toll-free number:1-800-252-3439 r r Payment Bond Form 00 6116-1 Corpus Christi Standards—Large JOC#E15153 7-8-2014 • . , legally bound and obligated to Owner do each cause this Payment Surety and Contractor,intending to be eg y g y 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. r Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) 6 L L 6 END OF SECTION r r Ira r Iw 6 Payment Bond Form 00 61 16-2 Corpus Christi Standards—Large JOC#E15153 7-8-2014 • • i♦ A Roc ROC E(IAMIDDIYYYY) EP CERTIFICATE OF LIABILITY INSURANCE 4Q T THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HUB International Insurance Services PHONE;E,n,:713-9786668 (Aic.No):713-978-8799 Suit 3000 stflelmer AADDREEss:houston.service©hubintemational.com Houston TX 77042-3454 INSURER(S)AFFORDING COVERAGE NAC e INSURER A:TRAVELERS IND CO OF CT 25682 INSURED J 20017 INSURERB:TRAVELERS LLOYDS INS CO 41262 Alpha Building Corporation J INSURER C:Me Phoenix InsuranceCQmpany 25623 24850 Blanco Rd. San Antonio TX 78260-6656 INSURER 0:The Travelers Indemnity p,3 Comny of 25666 INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER:1992418539 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.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICY N BER INMIC�DIYYYYI (SN POLICY YY�YY) UMITS C GENERAL UASI ITY Y Y CO0324L158 J 3/6/2015 3/6/2016 EACH OCCURRENCE 51,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea ocaarence) $300,000 CLAIMS-MADE X OCCUR ✓ MED EXP(Any one person) 755,000 PERSONAL&ADV INJURY / $1,000,000 I GENERAL AGGREGATE ✓ $2,000,000 GENA.AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 D AUUTOM U Y LLOCY Y BA99948612 +1 3/6/2015 3/6/2016f GUMBINEU`u1NCitE LIMN I j ga accident) 57,000, X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S _AUTOS AUTOS � NON-0WNED PROPERTY DAMAGE S X HIRED AUTOS X AUTOS / (Per*cadent) S LL A X UMBREAUAB X OCCUR CUP5461B367 J 3/6/2015 3/6/2016 EACH OCCURRENCE $10,000,000 EXCESS UAB 1 CLAIMS-MADE J / AGGREGATE -$10,000,000 DED X RETENTIONS 10,000 V S A WORKERS COMPENSATION y UB9834C372 3/6/2015 3/6/2016 X WCSTATU- OTH- AND EMPLOYERS'UABIUTY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N / E.L.EACH ACCIDENT 51,000,000 / OFFICERIMEMBER EXCLUDED? n N/A ���/// 1 // (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 under DESCRIPTION OF OPERATIONS belowE.L.DISEASE-POLICY LIMIT $1,000,000 B Biil s Risk QT6604543L912 376/2015 ( 016 Any One Project $10,000,000 Equipment Floater Leased S Rented $10,000I$100,000 Temporary Storage" Limit Per Occurence $150,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Mach ACORD 101,Addltlonal Remarks Schedule,If more spear Is required) The General Liability and Automobile Liability polities indude a blanket automatic additional insured endorsement or policy terms that provide additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status subject to policy terms and conditions. The General Liability Additional Insured endorsement inludes the 'products-completed operations'hazard only when there is a written contract between the named insured and the certificate holder that requires such status subject to policy terms and conditions. The General Liability and Automobile Liability policies contain a special endorsement with'Primary and Noncontributory"wording subject to policy terms and conditions. The General Liability,Automobile Liability 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. Capital Programs 1201 Leopard St AUTHORR:ED REPRESENTATWE Corpus Christi TX 78401 • C11141-1-0-4. A4- LJA9A.4.4..-- I ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD • • AGENCY CUSTOMER ID: 20017 LOC#: AR ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED HUB International Insurance Services Alpha Building Corporation POUCY NUMBER San 4AntoBlni nco 7 8260-6656 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 and Workers Compensation policies include a blanket automatic waiver of subrogation endorsement that provides a waiver of subrogation only when there is a written contract between the named insured and the certificate holder that requires it subject to policy terms and conditions.The General Liability and Automobile Liability policies include a blanket notice of cancellation to certificate holder's endorsement, providing for 30 days'advance notice if the policy is canceled by the company other than for nonpayment of premium, 10 days'notice after the policy is canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. "IN TRANSIT $ 150,000 / MAX AMOUNT $5,000,000 +( Project-JOC Master agreement#2014-07-By blanket endorsement the City of Corpus Christi is an additional insured ACORD 101(2008/01) ®2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • Policy#C00324L158 Alpha Buildipg Corporation Effective: 3/16/15 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions•of this endorsement may be excluded or limited by another endorsement to this Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional Insured — Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments I. Blanket Additional Insured — Stales Or Political Subdivisions—Permits D. Incidental Medical Malpractice J. Knowledge And Notice Of Occurrence Or Offense E. Who Is An Insured — Newly Acquired Or Formed Organizations K. Unintentional Omission / F. Who Is An Insured — Broadened Named Insured L. Blanket Waiver Of Subrogation V —Unnamed Subsidiaries M. Amended Bodily Injury Definition G. Blanket Additional Insured — Owners, Managers N. Contractual Liability—Railroads Or Lessors Of Premises PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c. and g. through n. do not apply • Auto Or Watercraft,in Paragraph 2.of SECTION to premises damage". Exclusion f.(1)(a) I — COVERAGES — COVERAGE A BODILY IN- does not apply to"premises damage"caused JURY AND PROPERTY DAMAGE LIABILITY: by: a. Fire; is: exclusion does not apply to an aircraft that b. Explosion; (a) Chartered with a pilot to any insured; c. Lightning; (b) Not owned by any insured; and d. Smoke resulting from such fire, explosion, (c) Not being used to carry any person or prop- or lightning; or erty for a charge. e. Water; B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f. of Section 1—Coverage A 1. The first paragraph of the exceptions in Ex- —Bodily Injury And Property Damage Liability elusion j., Damage To Property, in Para- is replaced by another endorsement to this graph 2. of SECTION I — COVERAGES — Coverage Part that has Exclusion—All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted. elusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I - "premises damage" as described in Para- COVERAGES — COVERAGE A. BODILY graph 6. of SECTION III — LIMITS OF IN- SURANCE. 1 CG D3 16 11 11 2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 Policy#C003241158 Alpha Building Corporation • Effective: 3116115 COMMERCIAL GENERAL LIABILITY • 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS TiON III—LIMITS OF INSURANCE: 1. .The following replaces Paragraph 1.b. of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS — COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION I — COVER- pay under Coverage A for damages because AGE• of"premises damage" to any one premises. b. Up to $2,500 for the cost of bad bonds The Damage To-Premises Rented To You required because of accidents or traffic i Umit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence", whether such damage results .from: Coverage applies.We do not have to fur- fire;explosion;lightning;smoke resulting from nish these bonds. such fire, explosion, or lightning; or water, or 2. The following replaces Paragraph 1.d. of • any combination of any of these causes. • SUPPLEMENTARY PAYMENTS — COVER- The Damage To Premises Rented To You AGES A AND B of SECTION I — COVER- • Umit will be: AGES: • a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Umit on the insured at our request to assist us in the • Declarations of this Coverage Part;or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit",including.actual loss of earnings up . ' 'Damage To Premises Rented To You to $500 a day because of time off from • Limn on the Declarations of this Coverage work. • Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following is added to the definition of"oo- definition of Insured contract"in the DEFINI- currence"In the DEFINITIONS Section: TIONS Section: "Occurrence"also means an act or omission a. A contract for a lease of premises. How- committed In providing or failing to provide ever. that portion of the contract for a "Incidental medical services", first aid or lease of premises that indemnifies any "Good Samaritan services"to a.person. 'person or organization for "premises 2. The following is added to Paragraph 2.a.(1)of . damage"Is not an'Insured contract"; SECTION II—WHO IS AN INSURED: 1 5. Thefollowing is added to the DEFINITIONS Paragraph (1)(d) above does not•apply mto Ail Section: "bodily injury" arising out of providing or fail MI "Premises damage" means "property dam- in9 to provide: age"to: (i) "Incidental medical services" by any of can a. Any premises while rented to you or tern- your "employees" who is a nurse practi- porariiy occupied by you with permission honer,registered nurse, licensed practical of the owner,or nurse, nurse assistant, emergency medi- .1M b. The contents of any premises while such cal technician or paramedic;or premises is rented to you,if you rent such (ii) First aid or"Good Samaritan services"by •premises for a period of seven or fewer any of your `employees" or•"volunteer consecutive days. workers", other than an employed or vol- 6. The following replaces Paragraph 4.b.(1)(b) unteer doctor. Any such "employees" or of SECTION IV—COMMERCIAL GENERAL "volunteer workers` providing or failing to JIM UABIUTY CONDITIONS: provide first aid or"Good Samaritan ser- in (b).That Is insurance for"premises damage"; vices"during their work hours for you will •or be deemed to be acting within the scope B.,m • 7. Paragraph 4.b.(1)(c) of SECTION IV — of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- • DITIONS is deleted. ness. Page 2 of 8 0 2011 The Travelers Indemnity Company.AP rights reserved. CG D3 16 11 11 002116 Policy SC003241158 Alpha Binding Corporation • . Effective: 3116115 COMMERCIAL GENERAL LIABILITY 3. The following- is added to Paragraph 5. of 4. Any organization you newly acquire or form, SECTION III—LIMITS OF INSURANCE: other than a partnership, joint venture or Urn- For the purposes of determining the applica- iced liability company, of which you are the ble Each.Occurrence Limit, all related acts or sole owner or in which you.maintain the ma- omissions committed in providing or failing to jolty ownership interest. will qualify as a provide Incidental medical services",first aid Named Insured if there is no other Insurance or"Good Samaritan services'to any one per- which provides similar coverage to that or- son will be deemed to be one'occurrence". ganizatlon.However. 4. The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION I—COV- .only: ERAGES—COVERAGE A BODILY INJURY (1) Until the 180th day after you acquire or AND PROPERTY DAMAGE LIABILITY: • form the.organization or the end of the • Sale Of Pharmaceuticals policy period, whichever is earlier; if you "Bodily injury" or 'property damage" arising do not report such organization in writing out of the willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form it:or cats committed by, or with the knowledge or (2) Until the end of the policy period, when consent of,the insured. that date is later than 180 days after you 5. The following is added to the DEFINITIONS • acquire or form such organization, if you Section: • report such organization in writing•to us • Incidental medical services"means: within 180 days after you acquire or form a. Medical,surgical,dental,laboratory,x-ray it, and we agree in writing that it will Con- or nursing service or treatment,advice or time to be a Named Insured until the end instruction, or the related furnishing of of the policy period; food or beverages;or b. Coverage A does not apply to °bodily injury" b. The furnishing•or dispensing of drugs or or "property damage" that occurred before medical, dental, or surgical supplies or you acquired or formed the organization;and appliances. c. Coverage B does not apply to "personal in- "Good Samaritan services"means any enter- jury" or "advertising injury" arising out of an gency medical services for which no compen- • offense committed before you acquired or sation is demanded or received. formed the organization. 6. The following is added to Paragraph 4.b., Ex- F. WHO IS AN INSURED—BROADENED NAMED cess Insurance, of SECTION IV --COM- INSURED-UNNAMED SUBSIDIARIES MERCIA4 GENERAL• LIABILITY CONDI- rolls: The following is added to SECTION II—WHO IS AN INSURED: The insurance is excess over any valid and collectible other insurance available to the in- MY of your subsidiaries,other than a partnership, cured,whether primary, excess,contingent or joint venture or limited liability company, that is on any other basis, that is available to any of not shown as a Named insured in the Deciare- your "employees" or "volunteer workers".for tions is a Named Insured If you maintain an own- "bodily injury" that arises out of providing or ershlp interest of more than 50%in such subsidi- faiing to. provide "incidental medical ser- arYon the first day of the policy period. vices", first aid or"Good Samaritan services" No such subsidiary is an insured for"bodily injury" to any person tothe extent not subject to or"property damage" that occurred, or"personal Paragraph 2.a.(1) of Section II Who Is An injury" or "advertising injury" caused by an of- Insured. fInsured. • fense committed after the date, if any;during the E. WHO IS AN-INSURED — NEWLY ACQUIRED - policy period, that you no longer maintain an . OR FORMED ORGANIZATIONS ownership interest of more than 50%in such sub- The following replaces Paragraph 4.of SECTION sidiary. • II—WHO IS AN INSURED: • CO D3 16 11 11 02011 The Trawlers Indemnity company.AB rights reserved. Page 3 of 6 • Policy 0000324L158 Alpha Building Corporation Etleclive: 3116/15 • COMMERCIAL GENERAL LIABILITY • • G. BLANKET ADDITIONAL INSURED–OWNERS, H. BLANKET ADDITIONAL INSURED–LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II–WHO IS me following is added to SECTION II–WHO iS AN INSURED: AN INSURED: 'Any person or organization that is•a premises Any person or organization that is an equipment owner, manager or lessor and that you have . lessor and that you have agreed in a written con- agreed in a written contract or agreement to in- tract or agreement to include as an insured on elude as an additional insured on this Coverage this Coverage Part is an insured, but only with re- Part is an Insured, but only with respect to liability spect to liability for"bodily injury", "property dam- for "bodily injury", "property damage", "personal age","personal injury"or"advertising injury"that injury"or advertising Injury"that: a. Is "bodily injury" or 'property damage" that a. Is *bodily Injury" or "property damage" that occurs, or is "personal Injury" or"advertising occurs, or 's "personal injury" or"advertising • injury caused by an offense that is commit- injury" caused by an offense that is commit- ted, subsequent to the execution of that con- ted,subsequent to the execution of that con- tract or agreement;and tract or agreement;and b. Arises out of the ownership, maintenance or b. Is caused, in whole or in part, by your acts or use of that part of any premises leased to omissions In the maintenance, operation or y� use of equipment leased to you by such equipment lessor. The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following provisions: visions: to such a. The limits of insurance provided to such a. The limits of insurance providedequipment lessor will be the minimum limits premises owner, manager or lessor will be which you agreed to provide in the written the minimum limits which you agreed to pro- contract or agreement, or the limits shown on vide in the written contract or agreement, or the Declarations,whichever are less. the limits shown on the Declarations, which- b. The insurance provided to such equipment J▪ ES ever are lessor does not apply to any"bodily injury"or gni b. The insurance provided to such premises "property damage" that occurs, or "personal 410.6 owner,manager or lessor does not apply to:NM injury"or"advertising injury caused by an of- in - (1) My "bodily Injury" or'property damage" fense that is committed, after the equipment e that occurs,or'personal injury"or"adver- lease expires. eM tising injury"caused by an offense that is • c. The insurance provided to such equipment MI committed, after you cease to be a tenant lessor is excess over any valid and collectible in that premises;or other insurance available to such equipment (2) Structural alterations,new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement i manager. that this insurance must be primary to, or M c. The insurance provided to such premises non-contributory with, such other insurance, owner, manager or lessor is excess over any in which case this insurance will be primary JIM valid and collectible other insurance available to, and non-contributory with, such other in- 0E1 to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED – STATES ..§1E1 any other basis, unless you have agreed in • OR POLITICAL SUBDIVISIONS–PERMITS the written contract or agreement that this in- The following is added to SECTION II–WHO IS .a surance must be primary to, or non- AN INSURED: — contributory with, such other insurance, in which case this insurance will.be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ance. you or on your behalf and that you are required • Page 4 of 8 0 2011 The Travelers Indemnity company.AU rights reserved. CG D3 16 11 11 Policy#C00324L158 • Alpha Building Corporation - Efradive: 3118/15 • • COMMERCIAL GENERAL LIABILITY • by any ordinance, law or building code to include (Ii) A manager of any limited liability as an additional insured on this Coverage Part is' company;or an Insured, but only with respect to !lability for (di)An executive officer or director of "bodily injury", "property damage", "personal in- any other organization; Jury"or"advertising injury arising out of such op- erations. • that Is your partner, joint venture member or manager,or The insurance provided to such state or political (b) Any "employee" authorized by such subdivision does not apply to: partnership, joint•venture,. limited II- a. Any "bodily injury," "property damage," "per- ability company or other organization sonar injury"or"advertising injury"arising out to give notice of an "occurrence" or of operations performed for that state or po• offense. • Iitical subdivision;or • (3) Notice to us of such"occurrence"or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as luded in the"products-completed operations soon as practicable if it is given in good hazard". faith as soon as practicable to your work- J. orkJ. KNOWLEDGE AND NOTICE OF OCCUR- ars' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following is added to Paragraph 2., Dunes In of the"occurrence"or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de- • Suit. of SECTION 'IV — COMMERCIAL GEN- •scribed in Paragraphs e.(1)or(2)above ERAL LIABILITY CONDITIONS: discovers that the'occurrence"or offense provisions applyto Paragraph may result in sums to which the insurance e. The following reg ph provided under this Coverage Part may a. above, but only.for the purposes of the in- apply. surance provided under this Coverage Part to Hower, if this Coverage Part includes an en- ofoinsured listed IParagraph 1.or 2. However, that provides limited coverage for Section on II—Who Is An Insured: "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- tense must be given as soon as practice- cape of"pollutants"which contains a requirement ble only after the"occurrence" or offense that the discharge, release or escape of"pollut- is known by you(if you are an individual), ants" must be reported to us within a specific • any of your partners or members who is number of days after its abrupt commencement, an Individual (if you are a partnership or this'Paragraph e. does not affect that require- joint venture), any of your managers who ment. is an individual(if you are a limited liability K. UNINTENTIONAL OMISSION company), any of your "executive offi- cers'or directors(if you are an organize- The following is added to Paragraph 6., Repre- ! don other than a partnership,joint venture sentations, of SECTION IV COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an"occurrence"or offense. • error in, any Information provided by you which (2) If you are a partnership, joint venture or we relied upon in Issuing this policy will not preju- limited liability company,and none of your dice your rights under this insurance. However, partners, joint venture members or man- this'.provision does not affect our right to coiled agers are individuals,notice to us of such additional premium or to exercise our rights of "occurrence"or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the"occur- applicable insurance laws or regulations. rence"or offense Is known by: L BLANKET WAIVER OF'SUBROGATION (a) Any individual who Is: The following Is added to Paragraph•8„Transfer (i) A partner or member of any part- Of Rights'Of Recovery Against Others To Us, nership or joint venture; of SECTION IV—COMMERCIAL GENERAL LI- • ABILITY CONDITIONS: CO D3 16 11 11 0 2011 The Travelers rndemnly Company.All rights reserved. Page 5 of 6 • Policy 5C00324L158 Alpha Building Corporation Effective: 3116/15 COMMERCIAL GENERAL LIABILITY • If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish,mental Injury,.shock,fright,disability, against any person or organization,we waive our humiliation, sickness or disease sustained by light of recovery against such person or organize- a person, including death resulting from any tion,but only for payments we make because of: of these at any time. a. "Bodily injury" or "property damage" that oc-• N. CONTRACTUAL UABIUTY—RAILROADS curs;or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of Insured contract"in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. My easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of "insured M. AMENDED BODILY INJURY DEFINITION . contract" in the DEFINITIONS Section is de- • The following replaces the definition of "bodily leted, Injury'in the DEFINITIONS Section: • • • • JIES • • MEI i ar� aM Page 6 of 6 0 2011 The Travelers Indemnity Company.All rights reserved. CO D3 16 11 11 omens Alpha Building Corporation / Policy#000324L158 Effective: 316/2015 • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY J BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does nct apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part,but: erations hazard" unless the 'written contract a) Only with respect to liability for"bodily injury", requiring insurance specifically requires you "property damage'or"personal injury":and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or"property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not quality as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance', the in- "written contract requiring insurance" specifically surance provided to the additional Insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that b) "other insurance". But the insurance provided to The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to"bodily injury","prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether rima of the rendering of, or failure to render, any primary, excess,vto contingent i- on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services,including: an additional insured under such "other insur- I. The preparing, approving, or fairing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove.drawings and specifications:and notice as soon as practicable of an 'occur- rence" or an offense which may result in a ii. Supervisory, inspection, architectural or engineering activities. claim. To the extent possible, such notice g g should include: CG 02 46 08 05 0 2005 The St.Paul Travelers Companies, Inc. Page 1 of 2 • COMMERCIAL GENERAL LIABILITY f. How, when and where the 'occurrence' any provider of"other insurance"which would or offense took place; cover the additional Insured for a loss we II. The names and addresses of any injured cover under this endorsement.However,this persons and witnesses and condition does not affect whether the insur ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to 'other incur: damage arising out of the'occurrence"or ane' available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit'is brought against named insured as described in paragraph 3. the additional insured, Me additional insured above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS: claim or"suit"and the date received;and "Wrften contract requiring insurance"means ii. Notify us as soon as predicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a person or organization as an additional in- receive written notice of the claim or'suit'as soon as predicable. shred on this Coverage Part, provided that the'bogy injury'and'property damage'oa c) The additional insured must immediately curs and the"personal injury"is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit',cooperate a. After the signing and execution of the with us in the inveal'iatlon or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with al policy conditions.tions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in stied;and fense and indemnity of any claim or"suit"to c. Before the end of the policy period. 411111 JIM a® JIM Page 2 of 2 0 2005 The St.Paul Travelers Companies.Inc. CO 02 46 08 05 • Alpha Building Corporation Effective: 316115 POLICY NUMBER: CO-0324L158 \/ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. N/DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 60 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM CONTINUES ON IL T8 03 EILM ADDRESS: CONTINUES ON IL T8 03 o= SAN ANTONIO TX a� 78258-6657 e=== o= o= V=_ PROVISIONS: If we cancel this policy for any statutorily permitted above.We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the effective date of cancellation_ the person or organization shown in the schedule IL T4 05 03 11 02011 The Travelers Indemnity Company.All nghts reserved Page 1 cf 1 00-1472 • J • Policy#BA99948612 Alpha Building Corporation • Effective: 3/16/15 • COMMERCIAL AUTO • • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: • Y BUSINESS AUTO COVERAGE FORM • PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph•A.1.c.,Who Insurance of.SECTION IV— BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: • AUTOS LIABILITY.COVERAGE: Regardless of the provisions of paragraph a.and Any person or organization who is required under paragraph d_of this part 5.Other Insurance,this a written contract or agreement between you and insurance is primary to and non-contributory with that'person or organization; that is*signed and applicable other insurance under which an addi- executed by you before the "bodily injury" or Ilonai insured person or organization is the first "property damage" occurs and that is in effect named insured when the,written contract or during the policy period,to be named as an adds- agreement between you and that person or or- tional insured is an "insured" for Covered Autos ganiiation, that is signed and executed by you' Liability Coverage, taut only for damages to which . before the 'bodily injury" or "property damage" this insurance applies and only to the extent that person or organization qualifies as An "Insured" occurs and that is in effect during the policy pe- •under the Who Is An Insured provision contained rind, requires this insurance to be primary and in SECTION II. non-contributory. • • • • • • • • • • • • • CA T4 74 02 15 02015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. • Policy#BA99948612 Alpha Building Corporation Effective: 3/16/15 • • COMMERCIAL AUTO • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. d BLANKET WAIVER OF SUBROGATION This dorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE.FORM • BUSINESS AUTO COVERAGE FORM • MOTOR CARRIER COVERAGE FORM . . . • The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights'Of Recovery Against Others To Us, of the prior to any"accident"or"loss",provided that the CONDITIONS Section: • "accident" or"loss' arises out of the operations 5. Transfer Of Rights Of Recovery Against 0th- contemplated by such contract. The waiver ap- ers To Us piles only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent • • • • • • • • • • CA T3 40 0215 02015 The Travelers Indemnity Company.All rights reserved. Page 1 of i Includes copyrighted material of Insurance Services Office.Inc.with its permission. • • • Policy#BA99948612 `f Alpha Building Corporation 1� Effective: 3/16/15 • COMMERCIAL AUTO POLICY NUMBER: DT-810-99940612-TIA-15 ISSUE DATE:03-26-15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE-OF CANCELLATION/NONRENEWAL PROVIDED BY US - TEXAS • This endorsement modifies insurance provided under the following: r AUTO DEALERS COVERAGE FORM `1 BUSINESS AUTO COVERAGE FORM • MOTOR CARRIER COVERAGE FORM SCHEDULE CANCELLATION: Number of Days Notice: 60 WHEN WE DO NOT RENEW(Nonrenewal): Number of Days Notice: • • • PROVISIONS: B. For•any statutorily permitted reason other than A. For any statutorily permitted reason other than nonpayment-of premium,•the number of days nonpayment of premium, the number of days required for notice of When We Do.Not Renew required for notice of cancellation,as provided In . (Nonrenewal), as provided in the CONDITIONS .the CONDITIONS Section of this Insurance, or Section of this insurance,or as amended by any as amended by any applicable state cancellation applicable state When We Do Not Renew(Non- endorsement applicable to this insurance; is in- renewal) endorsement applicable to this insur- creased to•the number of days shown in the ance, is increased to the number of days shown • SCHEDULE above. . in the SCHEDULE above. • • • • • • • • • CA FO 85 02 15. 02015 The Travelers Indemnity Company.All rights reserved.: Page 1 of 1 Includes copyrighted material of Insurance SeMri es Office.Inc.with Its permission. • • • • Policy#UB9834C372 J Alpha Building Corporation Effective: 3116115 TRAVELERS j WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD) CT 06183 ENDORSEMENT WC 00 03 13(00)-01 j WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy: We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or Indirectly to benefit any one not named In the Schedule. SCHEDULE DESIGNATED PERSON: • • • DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS . WAIVER. DATE OF ISSUE: 03-24-15 ST ASSIGN: • • • UB9834C372 Alpha Building Corporation Effective: 3/6/2015 TRAVELERS Jw WORKERS COMPENSATION AND ONE TOWER SQUARE • EMPLOYERS.LIABILITY POLICY • HARTFORD, CT06183 ENDORSEMENT WC 99 06 Q1 (00) POLICY NUMBER: (DTEUB-9834C37-2-15) EARLIER NOTICE OF CANCELLATION OR NONRENEWAL BY US ENDORSEMENT The following modifies the Cancellation condition in PART SIX-CONDITIONS or in any endorsement forming a part of this policy that amends such condition: If we cancel or do not renew this policy for any reason other than nonpayment of premium, we will increase the • number of days advance notice for cancellation or nonrenewal from the number of days required by applicable law to the number of days shown in the Schedule. • SCHEDULE NUMBER OF DAYS 60 o— mom• O s OEM 0= 1= . All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium$ Insurance Company Countersigned by DATE OF ISSUE: 03-24-15 ST ASSIGN: Page 1 of 1 ©2011 The Travelers Indemnity Company.All rights reserved. 008608