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HomeMy WebLinkAboutC2015-334 - 9/30/2015 - NA 1 2015-334 9/30/15 SPECIAL PROVISIONS Haeber Roofing Company SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR HEB TENNIS CTR BLDGS . A , B , C REPAIRS J . O . C . C FOR PARKS AND RECREATION CITY OF CORPUS CHRISTI, TEXAS PHONE: (361) 826-3461 FAX: (361) 826-3864 C AND DEPARTMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI, TEXAS PHONE: (361) 826-3550 FAX: (361) 826-3501 PROJECT NO: E15183 kr I DRAWING NO: 0 I: HEB TENNIS CTR BLDGS. A, B, C REPAIRS PN: E15183 (Revised 6/27/99) Table of Contents NOTICE TO CONTRACTORS - A (REVISED MARCH 2009) Insurance Requirements OTICE 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 iim A-2 Definitions and Abbreviations A-3 Description of Project LA-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 LA-11 Cooperation with Public Agencies A-12 Maintenance of Services A-13 Area Access and Traffic Control LA-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A 17 Field Office NOT USED A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control [01 A-20 Testing and Certification A 21 Project Signe A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required A-24 Surety Bonds A 25 Sales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A-26 Supplemental Insurance Requirements A-29 Contractor's Field Administration Staff [-• . I., ..- _ _ " .- ' .- . ' .- . .- . " ,-.. ' ---- 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 [*10 ' A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities rimA-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates A 41 Ozone Advisory LA-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) Lis A-45 As-Built Dimensions and Drawings A 47 Prc Construction Exploratory Excavations (7/5/00) (NOT USED) A-48 Overhead Electrical Wires C: A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress A 51 Elcctronic Submittal of Bids (NOT USED) :: A-52 Value Engineering A-53 Dust Control PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS LPART S - STANDARD SPECIFICATIONS 075220 Built-up Asphalt Roof System Sheet 1 of 3 L L EXHIBITS Aerial Photo With Building Designations Sheet 1 of LAURP—GELZOAMFINGS L rIGE L AGREEMENT PROPOSAL PERFORMANCE BOND LPAYMENT BOND LDISCLOSURE L L C C C C I NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS L NOTICE TO CONTRACTORS - A L INSURANCE REQUIREMENTS REVISED MARCH, 2009 L A Certificate of Insurance indicating proof of coverage in the following amounts is required: LTYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE [I 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 I: Hazards 6. Contractual Liability 7. Broad Form Property Damage 1: 8. Independent Contractors 9. Personal Injury LAUTOMOBILE LIABILITY -- OWNED NON-OWNED OR RENTED $1, 000, 000 COMBINED SINGLE LIMIT I: WORKERS' COMPENSATION WHICH COMLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT 11 EMPLOYERS' LIABILITY $500, 000 EXCESS LIABILITY $1, 000, 000 COMBINED SINGLE LIMIT L PROFESSIONAL POLLUTION LIABILITY/ $2, 000, 000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE. Not limited to sudden & accidental ❑ REQUIRED L discharge; to include long-term enviornmental impact for the disposal Q NOT REQUIRED of contaminants. rSee Section b-6-11 and Supplemental 6 Insurance requirements [0 BUILDER'S RISK El REQUIRED ❑ NOT REQUIRED See Section b-6-11 and Supplemental Insurance requirements Lir INSTALLATION RISK ❑ REQUIRED El NOT REQUIRED L PAGE 1 OF 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. 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. L I 6 6 I I 6 [-A I I I I I f PAGE 2OF2 NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE REQUIREMENTS C C C L Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS ' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110 . 110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following 1: 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 L. 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. [11 (2) Building or construction--Has the meaning defined in the Texas Labor Code, §406. 096 (e) (1) . (3) Contractor--A person bidding for or awarded a building or construction project by tb a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011 (44) . (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC- L 83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act) -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This [10 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 1. "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. 1: Page 1 of 8 (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 providingI/ services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this 11 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 11 the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that 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 11 three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and I/ 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; I/ Page 2 of 8 (4) obtain from each person providing services on a project, and provide to the governmental entity: i0 (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, 110 within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language [0 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 [0 (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; 10 (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this section; (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; [10 (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the [0 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 6 Page 3 of 8 (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 1/ duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services 11 on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on 11 the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. " 31 (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, 111 of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and 3 (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 1/ 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 (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal [10 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 1: (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 [1'0 held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (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, tO 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 10 Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4 (j ) . [0 (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 ['f0 proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. L Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 [I I L 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 labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers ' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " 3 3 3 3 3 Page 6 of 8 L T28S110.110 (c) (7) Article . Workers ' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84) , showing statutory workers ' compensation insurance coverage for the person 's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the 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, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401. 011 (44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. Page 7 of 8 r. 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 certificate11 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; 11 (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7) , with the certificates of coverage to be provided to the person for whom they are providing services. 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. 3 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 the11 contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. !I Page 8 of 8 PART A �' SPECIAL PROVISIONS C: HEB TENNIS CTR BLDGS. A, B, C REPAIRS PN: E15183 SECTION A - SPECIAL PROVISIONS A 1 Time and Place of Receiving Propo3al3/Pre Bid Meeting Sealed proposals will bc rcccivcd in conformity with thc official advcrtiscmcnt inviting bids for thc project. Proposals will bc rcccivcd in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m. , Wednesday, N/A. Proposals mailed should be addressed in the following manner: City of Corpus Christi he City Secretary's Office 1201 Leopard Strcct Corpus Christi, Texas 78401 ATTN: BID PROPOSAL N/A A pre bid meeting will be held on INSERT DAY HERE, INSERT DATE HERE, beginning at INSERT TIME HERE. The meeting will convene at the Engineering Services Main Conference Room, 1-0 Third Floor, City Hall, 1201 Leopard Strcct, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern 1: A-3 Description of Project This project will demolish the existing roofing materials down to the concrete deck on to buildings A & B and to the tectum deck on building C. The roofs will then receive Li insulation and a modified bitumin roofing system. New metal scuppers, gutters, down spouts and vents. I I A-4 Method of Award The contract is awarded as a Job Order Contract (J.O.C. ) and prices established through the use of RSMeans cost pricing. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: L .e: CONTRACT-440G} (A Ca3hicr'3 Check, certified check, money order or bank draft from any State or National Bank will alio be acceptable. ) 2. Disclosure of Interests Statement 3. Submittal of Materials 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 90 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 theI/ Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $300 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of 11 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 11 workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit 11 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. 1/ A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must 3 contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. 1/ Section A-SP I/ (revised 12/15/04) Page 2 of 22 A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for BUILDING CONSTRUCTION 1,1 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 wage rates for Nueces County, Texas as set out in Part C. The Contractor and any 6 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 L subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted 1-11 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. ) One and one-half (1k) times the specified hourly wage must be paid for all hours worked 10 in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours. ) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One-Call System 1-800-245-4545, the Lone Star Notification Company at 1-800-669-8344, and the Southwestern Bell Locate Group at 1- 800-828-5127. For the Contractor's convenience, the following telephone numbers are listed. [0 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 10 A E P 1-877-373-4058 (693-9444 after hours) S B C 881-2511 (1-800-824-4424,after hours) City Street Div. for Traffic Signal/Fiber Optic Locate 826-1946 857-1960 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624) KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) 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 11 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 accuracy3 and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the 11 Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc. ) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground 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 11 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 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 11 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 1/ will be made to Contractor A-14 Construction Equipment Spillage and Tracking11 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 work11 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 visible11 material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. :1 Section A-SP (revised 12/15/04) Page 4 of 22 A-15 Excavation and Removals NOT USED The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled 10 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. LAll existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc. , are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 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 I: Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 Field Office NOT USED The Contractor must furnish the City Engineer or his representative with a field office :0 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 :4 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 ip days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: L 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying L Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5• Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. L r illL Section A-SP (revised 12/15/04) Lio Page 5 of 22 A-19 Construction Project Layout and Control 11 The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench 11 mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever rgpson, it is necessary to deviate from proposed lint and grads to properly cxccutc thc work, thc Contractor shall obtain approval of thc City or Consultant Projcct Enginccr prior to dcviation. If, in thc opinion of thc City or Consultant Projcct Enginccr, thc rcquircd dcviation would necessitate a rcvision to thc drawings, the Contractor shall providc supporting measurements as rcquircd for the City or Consultant Projcct 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 manhole at the completion of the3 paving process. Also, thc City or Consultant Projcct Enginccr may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. 11 The Contractor shall providc the following certification for documentation and compliancc certification shall be provided and prepared by a Third Party independent3 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 - -- - -- - -- ••' - - - Street crowns on a 200' interval and at all intersections. Wastewater: 11 - All rim/invert cicvations at manholes; - All intersecting lines in manholes; - Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . 11 Water: - All top of valves box; - Valves vaults rim; - Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Stormwatcr: 11 - All rim/invert cicvations at manholes; - All intersecting lines in manholes; - Casing cicvations (top of pipe and flow line) (TXDOT and RR permits) . 1/Section A-SP (revised 12/15/04) Page 6 of 2231 A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and L 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 performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a• Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. 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 [111 the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. 1110 (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) . 10 Section A-SP (revised 12/15/04) [16 Page 7 of 22 il2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . 3. Share in Payments il 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, 1/ interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. 11 d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned il 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 II shares are cwned 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 II to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. II 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, stall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have II either finarcial, managerial, or technical skills in the work to be performed by the joint venture. !! 3. Goals a. The goals fcr participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate 11 work force en all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise II (Percent) Participation(Percent) 45% Lai b. 3These 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 thrcughout the length of the Contract and in each trade. The 11 transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 11 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 3 (revised 12/15/04) Page 8 of 22 3 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. i; 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. [11 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 /0 the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follow "No surety will be accepted by the City from any Surety Company who is now [0 in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with [10 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 Li is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100, 000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100, 000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above 10 requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued. " h L Section A-SP (revised 12/15/04) ifte Page 9 of 22 A-25 Sales Tax Exemption (NOT USED) 31 Section B-6-22, Tax Exemption Provision, is deleted in its entirety and the following substituted in lieu thereof. 111MO 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 the Project. Provide resale certificates to suppliers. 11 4- Provide the City with copies of material invoices to substantiate the proposal value of materials. 3 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. 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 Administrator11 2. Address: P.C . Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 3011 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. 11 Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. 1/Section A-SP (revised 12/15/04) Page 10 of 22 im 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 [1, 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, 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 [1$ may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person lo indemnified hereunder. A-27 Responsibility for Damage Claims NOT USED Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide Builder's Risk-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 lig 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 rr 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 CO 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 Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the h► amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A biddcr may also bc r-eircd to supply eenctruction references and a-financial ---- .. - all currcnt assets and liabilities. 11 [o 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 1/ following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures 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 in11 similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. 11 Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning1/ 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. 31 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: 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; A schedule of anticipated monthly payments for the Project duration. 11 The names and addresses of MBE firms that will participate in thc Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or 11 signed affidavits from the MBE firms, that such MBE firms meet thc guidelines contained hcrcin. Similar substantiation will be required if thc Contractor is an MBE. If thc responses do not clearly show that MBE participation will mcct thc requirements above, thc bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to most said requirements but that mccting such requirements is not r asonably possible. Section A-SP 1/ (revised 12/15/04) Page 12 of 22 L A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the 111 City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; Eir q, 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; 44 g_ Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field t: Administration Staff. s, Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e. , Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of 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. t► A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 la Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. Section A-SP (revised 12/15/04) Page 13 of 22 A-33 Conditions of Work 11 Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Prc41 Bid Mccting referred to in Special Provision A 1. 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 precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc. , the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable) , construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements (NOT USED) 11 A, Visitor/Contractor Orientation Prior to performing work at any City water facility, the Contractor, his 11 subcontractors, and each of their employees must have on their person a valid card certifying their prior attendance at a Visitor/Contractor Safety Orientation Program conducted by the City Water Department Personnel. A Visitor/Contractor Safety Orientation Program will be offered by authorized City Water Department personnel for those persons who do not have such a card, and who desire to perform any work within any City water facility. For additional information refer to Attachment441/ 1. Operation of City-Owned Equipment The Contractor shall not start, operate, or stop any pump, motor, valve, equipment, switch, breaker, control, or any other item related to City water facility at any time. All such items must be operated by an operator or other authorized maintenance employee of the City Water Department. 11 G— Protection of Water Oualitlz The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Department to protect the quality of the water. Conformity with ANSI/NSF Standard 61 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 to11 American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. Such materials include all solvents, cleaners, lubricants, gaskets, 11 thread compounds, coatings, or hydraulic equipment. These items must not be used unless they conform with ANSI/NSF Standard 61 and unless such items are inspected on the site by authorized City personnel immediately prior to use. 11 Section A-SP (revised 12/15/04) Page 14 of 22 The Contractor shall provide the Engineer with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into 11 contact with potable water. 3r Handling and Disposal of Trash All trash generated by the Contractor or his employees, agents, or subcontractors, must be contained at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. CONTRACTOR'S ON-SITE PREPARATION F, Contractor's personnel must wear colored uniform overalls other than orange, blue, or white. Each employee uniform must provide company name and individual employee identification. h. 0- Contractor shall provide telephones for Contractor personnel. Plant telephones are not available for Contractor use. Working hours will be 7: 00 A.M. to 5:00 P.M. , Monday thru Friday. Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilities. All Contractor vehicles must be parked at designated site, as designated by City Water Department staff. All Contractor vehicles must be clearly labeled with company name. No private employee vehicles are allowed at 0. N. Stevens Water Treatment Plant. All personnel must be in company vehicles. During working hours, contractor employees must not leave the 1-6 designated construction area nor wander through any buildings other than for required work or as directed by City Water Department personnel during emergency evacuation. 14 Contractor Qualifications - SCADA (SUPERVISORY CONTROL AND DATA ACOUISITI Any work to the computer-based monitoring and control system must be performed only by qualified technical and supervisory personnel, as tit determined by meeting the qualifications 1 thru 9 below. This work includes, but is not limited to, modifications, additions, changes, selections, furnishing, installing, connecting, programming, customizing, debugging, calibrating, or placing in operation all hardware and/or software specified or required by these specifications. The Contractor or his subcontractor proposing to perform the SCADA work must be able to demonstrate the following: -. He is regularly engaged in the computer-based monitoring and control system business, preferably as applied to the municipal IM water and wastewater industry. He has performed work on systems of comparable size, type, and complexity as required in this Contract on at least three prior Let projects. -- He has been actively engaged in the type of work specified herein for at least 5 years. 4— He employs a Registered Professional Engineer, a Control Systems Engineer, or an Electrical Engineer to supervise or perform the work required by this specifications. Hc employs personnel on this Projcct who have successfully completed a manufacturer's training course in configuring and implementing thc specific computers, RTUS's, and software proposed for thc Contract. Section A-SP (revised 12/15/04) Page 15 of 22 He maintains a permanent, fully staffed and equipped service facility within 400 miles of the Project site to maintain, repair, calibrate, and program the systems specified herein. 1/ He shall furnish equipment which is the product of one manufacturer to the maximum practical extent. Where this is not practical, all equipment of a given type will be the product of one manufacturer. &— Prior performance at the 0. N. Stevens Water Treatment Plant will be used in evaluating which Contractor or subcontractor programs the new work for this Project. 11 The Contractor shall produce all filled-out programming blocks required to show the programming as needed and required, to add these two systems to the existing City SCADA system. Attached is an example of the required programming blocks which the City requires to be filled in and given to the City Engineer with all changes made during the programming phase. The attached sheet is an example and is not intended to show all of the required sheets. The Contractor will provide all programming blocks used. 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 111 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. fcproduciblco: In addition to thc rcquircd copics, thc Contractor shall also submit one (1) rcproduciblc transparcncy for all shop drawings. 11 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 11 [: 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. 1113 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. L j . Distribution: Contractor must distribute copies of reviewed submittals L to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. L 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. iw 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 L 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: L "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 L 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. " to A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities rioThe requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. 10 A-39 Certificate of Occupancy and Final The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-8-9. A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Li 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 lis material supplier has been paid for the materials delivered to the Project worksite. Section A-SP (revised 12/15/04) itPage 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 I/ as a work day and the Contractor will be compensated at the unit price indicated in the proposal. 11 A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: 11 The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any workdone 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 !I negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order (s) be required by the engineer, Contractor shall furnish the 11 engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc. ) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. 11 A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities11 constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) 11Upon 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 (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. Section A-SP (revised 12/15/04) Page 18 of 22 C A-47 Pre-Construction Exploratory Excavations (7/5/00) NOT USED 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. ii 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 rea 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. I Contractor shall then prepare a report and submit it to the City for approval indicating I: the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. 1: Contractor shall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair associated with exploratory excavations shall be paid for according to the established until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. ila A-48 Overhead Electrical Wires (7/5/00) E: Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc. , to ensure that adequate safety is provided for all L 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 (11 schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) r'ir 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 I. period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity. " ill ErSection A-SP (revised 12/15/04) LPage 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 111 City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract. " 11 A-51 Electronic Submittal of Bids The following paragraph modifies Paragraph B-2-7 - Preparation of Proposal, of the General Provisions: The bidder has the option of submitting a computer-generated print-out, in lieu of, the Proposal (SHEETS: 1 THRU 13 OF 13) , INCLUSIVE. The print-out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheets (3 THRU 10 OF 13) . If the Contractor chooses to submit a print-out, the print-out shall be accompanied by properly completed proposal pages 1, 2, 11, 12, and 13. A "sample" print out is shown in Attachment 1. In addition, the print out will contain the following statement and signature, after the last bid item: (Contractor) herewith certifies that the unit prices shown on this print-out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no other Information from this print-out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print-out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) 11 (Date) " 11 A-52 Value Engineering The Contractor' s attention is directed to paragraph B-4-5 Value Engineering Incentive Procedures, of the General Provisions, which states: "After award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP' S) identify potential reductions in the contract cost by effective changes to the contract plans and specifications." Therefore, the Contractor shall11 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 difficulties affecting the work to be performed and obtain all information required to make an intelligent proposal. The Contractor' s attention is further directed to paragraph B-2-3 Examination of Plans, Specifications and Site of the Work, of the General Provisions. In other words, the Contractor shall complete it' s proposal to the best of it's ability, as currently provided. 11 Section A-SP (revised 12/15/04) Page 20 of 2211 r tor A-53 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces ho 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 t: to prevent blowing dust. A-54 Dewatering and Disposal L 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 alternative to sheet flow is to pump storm water to an area where ponding occurs l's naturally without leaving the designated work area or by manmade berms prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. it Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or I: better than the receiving stream (Oso Creek) . Testing of groundwater quality is to be performed by City, at the City's cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. The Contractor t: 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 L 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 r approved by the Engineer on a case by case basis. iiit Prior to pumping groundwater from the trench to the sanitary sewer system the Contractor Imp 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 L short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a'holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. II L L I, Section A-SP (revised 12/15/04) r Page 21 of 22 II SUBMITTAL TRANSMITTAL FORM PROJECT: HEB TENNIS CTR BLDGS. A, B, C REPAIRS II OWNER: CITY OF CORPUS CHRISTI, TEXAS ENGINEER: 01/ CONTRACTOR: HAEBER ROOFING COMPANY SUBMITTAL DATE: - SUBMITTAL NUMBER: - 11 APPLICABLE SPECIFICATION 11 OF DRAWING SUBMITTAL II II I 11 ii II II 11 I I 11 Section A-SP 3 (revised 12/15/04) Page 22 of 22 PART B GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL � CONSTRUCTION CONTRACTS I: i; SECTION B GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS Table of Contents L PAGE B-1 Definitions and Abbreviations B-1-1 Definition of Terms 1 B-1-2 Abbreviations 3 B-2 Proposal Requirements and Conditions B-2-1 Proposal Forms 4 B-2-2 Quantities in Proposal Forms 4 C: B-2-3 Examination of Plans, Specifications, and Site of the Work4 B-2-4 Forms, Plans and Specifications 4 B-2-5 Addenda 4 B-2-6 Pre-Bid Conference 5 [: B-2-7 Preparation of Proposal 5 B-2-8 Proposal Guaranty 5 B-2-9 Filing of Proposal 5 B-2-10 Withdrawing Proposals 5 C: 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 I: B-2-16 Disclosure of Interests 6 B-3 Award and Execution of Contract B-3-1 Consideration of Contract 7 ill, B-3-2 Award of Contract 7 B-3-3 Equal Opportunity Employer Provisions 7 B-3-4 Surety Bonds 8 (M B-3-5 Execution of Contract 8 B-3-6 Failure to Execute Contract 8 B-4 Scope of Work B-4-1 Intent of Plans and Specifications 9 I: 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 I: B-5-2 Authority of Duty of Engineers or Inspectors 11 B-5-3 Conformity with Plans 11 B-5-4 Existing Structures 11 B-5-5 Coordination of Plans, Specifications, Proposal l'ill & Special Provision 12 B-5-6 Cooperation of Contractor 12 B-5-7 Construction Staking 12 B-5-8 Source of Supply of Materials 13 1: B-5-9 Samples and Tests of Materials 13 B-5-10 "Or Equal" Clause 13 B-5-11 Storage of Materials 13 B-5-12 Removal of Defective and Unauthorized Work 13 C: B-5-13 Final Inspection 14 B-5-14 Warranty Inspection 14 TABLE OF CONTENTS/PAGE 1 OF 2 tili (rev. Nov/94) L II II B-6 Legal Relations and Public Responsibility B-6-1 Laws to be Observed 14 I/ 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 il 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 II 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 20II B-6-22 Tax Exemption Provisions 20 B-7 Prosecution and Progress B-7-1 Subletting the Work 2111 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 1/ 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 23II 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 24II 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 251/ 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 3 B-8-6 Partial Estimates 27 B-8-7 Withholding Payment 27 B-8-8 Final Cleanup 27 B-8-9 Final Acceptance 28 ill B-8-10 Final Payment 28 B-8-11 Maintenance Guaranty 28 II il TABLE OF CONTENTS/PAGE 2 OF 2 11(rev. Nov/94) 1 I/ L 1 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: 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, (-0 corporation, or joint venture acting directly or through a duly authorized representative submitting a proposal for work contemplated. City: The City of Corpus Christi, Texas, a municipal corporation, acting by and through (a) its governing body or (b) its City Manager, each of whom is required by Charter to perform specific duties. Responsibility for final enforcement of contracts involving the City of Corpus Christi is, by Charter, vested in the City Manager. 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. 111 Contract: The written agreement covering the performance of the work. The contract includes the advertisement; proposal; specifications, including special provisions; plans or working drawings; any supplemental changes or agreements ;: pertaining to the work or materials therefor, and bonds. Contract Time: The number of calendar days or working days allowed for completion of the contract, including any authorized time extensions. (a) Calendar Day: A calendar day is defined as any day shown on the calendar beginning and ending at midnight. (b) Working Day: a working day is defined as a calendar day, not including Sundays or legal holidays, in which the weather or other conditions affecting the site, not under the control of the Contractor, will in the judgement of the Engineer permit the performance of some substantial unit of work for a substantially continuous period of time of not less than six (6) hours between 7 a.m. and 6 p.m., or during such other hours of the day as the Contractor does in fact work with the permission of the Engineer as elsewhere provided. (rev. Nov/94) PAGE 1 OF 29 I 11 Each calendar day, not including Sundays or legal holidays, in which the Contractor carries on work on some unit of the contract for a period of more than six (6) hours shall be charged as one (1) working day, regardless of the number 1/ of hours worked in excess of the (6) hour minimum. Saturday will not be charged as a working day unless work of any type requiring the presence of the Engineer is in fact carried on for any period of time during the day. On Sundays and legal holidays on which, by previous written permission of the 11 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 11 shall be charged. In the determination of the hours above, no deduction shall be made for lunch time taken. Contractor: The person, persons, partnership, company, firm, association, corporation, or joint venture entering into contract for the execution of the11 work, acting directly or through a duly authorized representative. Engineer: Assistants, agents, engineers, inspectors, or superintendents duly authorized by the City Engineer and acting within the scope of the particular duties entrusted to them. General Provisions: This Section B of the specifications. 11 Holidays: The terms regular holidays and legal holidays, for the purposes of charging working days, control of working days and hours, and wages of employees, shall include the following: January 1 (New Year's Day) July 4 (Independence Day) Thanksgiving Days1/ 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 his surety for the use and benefit of the City as a guarantee for the protection of all claimants supplying labor and/or material in the prosecution of the work provided for in this contract. Performance Bond: The approved form of security furnished by the contractor and his surety for the use and benefit of the City as a guarantee of good faith on the part of the Contractor to execute the work in strict accordance with the plans, specifications, and terms of the contract, and that the Contractor will 11 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. /I 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. 11(rev. Nov/94) PAGE 2 OF 29 L [-II Special Provisions: The special clauses setting forth conditions or requirements peculiar to the specific project involved, supplementing the L standard specifications, and taking precedence over any conditions or requirements of the standard specifications with which they are in conflict. Specifications: The directions, provisions, and requirements contained herein, 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. LSureties: The corporate bodies which are bound by such bonds as are required with and for the Contractor. The Work: All work, including the furnishing of labor, materials, tools, L equipment, and incidentals, to be performed by the Contractor under the terms of the contract. B-1-2 Abbreviations: LI 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: ho A.A.S.H.T.O American Association of State H.S. Horseshoe • Highway and Transportation In, or Inches Officials Lb. or # Pound Ac. Acre L.F. Linear Foot A.C. A.C.I. Asbestos Cement Lin. Linear 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 LPI- 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 L C.F. American Welding Society No. Number C.I. American Water Works $ Percent C.L. Association P.L. Property Line C.M.P. Boulevard Prop. Proposed or Property C.O. Cubic Foot P.V.C. Poly Vinyl Chloride I; 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 le Culv. Conduit R.R. Replace C.Y. Corrugated R/W or ROW Railroad D.I. Central Power & Light Company S. Right-of-Way Dia. Cubic San. South Dr. or Dwy Culvert S.F. Sanitary L 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 10 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 L H.N.G. Feet Telegraph Gallon Yard Gutter Line Gallons per Minute Houston Natural Gas Co. IN Metrics: cm Centimeter m Meter gm Gram mgm Milligram kgm Kilogram mm Millimeter km Kilometer (rev. Nov/94) PAGE 3 OF 29 1/ 11 Other abbreviations that may appear shall have the meaning customarily intended in such usage, circumstances, and context. B-2 PROPOSAL REQUIREMENTS AND CONDITIONS: 11 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 11 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: II 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. 11 Payment will be made by the City to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications, and it is understood that the quantities may be increased or decreased as hereinafter provided without in any way invalidating the bid price. 11 B-2-3 Examination of Plans, Specifications, and Site of the Work: Bidders are advised that the plans and specifications and other documents on ill 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 11 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 ill 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, II 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 that3 the bidder has made the examinations, investigations, and tests required herein. B-2-4 Forms, Plans and Specifications: 11 Unless otherwise specified in the Notice to Bidders and Special Provisions, forms of proposal, contract and bonds and plans and specifications may be obtained at the offices of the City Engineer in the City Hall upon making a Plans Deposit as designated, which sum so deposited will be refunded provided theII 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 City11 of Corpus Christi, Texas. B-2-5 Addenda: il 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 11 (rev. Nov/94) PAGE 4 OF 29 L ' City Engineer. Such addenda will be mailed immediately to the address designated by prospective bidders taking out plans, specifications, and proposal forms. tria 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 [or approximately one week prior to the bid opening. Each prospective bidder who has furnished the Plans Deposit required by the Notice to Bidders will be notified of the date, time, and location of the pre-bid conference. Any clarification to the contract documents deemed necessary as a result of the pre-bid conference will be made by written addenda. c10 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 both in words and numerals. Such prices shall be written distinctly legible. In case of discrepancy between the unit price written in words and the unit price written in figures, the unit price written in words shall govern. The unit price shall govern over the amount. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is Imo submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association, or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business [: address must be given and the proposal signed by an official or duly authorized agent. Proposals submitted by a joint venture shall list all participants and their addresses. Powers of attorney, authorizing agents or others to sign [11 proposals, must be properly certified and must be in writing and submitted with the proposal. B-2-8 Proposal Guaranty: No proposal will be considered unless accompanied by an individual bid security (bond) for the project in the amount of five percent (5%) of the highest amount bid. Such bid security shall be issued by a firm licensed for issuance in the State of Texas. A cashier's check, certified check, money order, or bank draft from any state or national bank will also be acceptable. The security shall be deemed a good faith offer on the part of the bidder to accept a contract, if awarded. In the event the successful bidder declines to accept such award or (11 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 OP successful bidder will be released upon execution of the contract documents and submission of the required bonds and certificates. B-2-9 Filing of Proposal: No proposal will be considered unless it is filed with the City Secretary's office in the City Hall, Corpus Christi, Texas, within the time limit for receiving proposals as stated in the advertisement. Each proposal shall be in a sealed envelope, plainly marked with the word "PROPOSAL" and the name and description of the project as designated in the "ADVERTISEMENT" . B-2-10 Withdrawing Proposals: Proposals filed with the City Secretary cannot be withdrawn or modified prior to the time set for opening proposals. Request for non-consideration of (rev. Nov/94) PAGE 5 OF 29 I 11 proposals must be made in writing addressed to the City Engineer and filed with 11 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. I/ 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. 11 B-2-12 Opening Proposals: 11 The proposals filed with the City Secretary will be opened at the time stated in the advertisement and publicly read aloud and shall thereafter remain on file with the City. No contract will be entered into based upon such proposals until after forty-eight (48) hours shall have elapsed. Proposals not accompanied by the required proposal guaranty will not be read. B-2-13 Irregular Proposals: Proposals will be considered irregular if they show any omissions, failure to properly account for duly issued addenda, alterations of form, additions, conditions not called for, unauthorized alternate bids or irregularities or qualifications of any kind. However, the City reserves the right to waive any irregularities and to make the award in the best interest of the City. IP B-2-14 Rejection of Proposals: The City reserves the right to reject any or all proposals, and all proposals 11 submitted are subject to this reservation. Proposals containing any irregularities or showing an unbalanced value of any items may be rejected. Proposals will be rejected for any of the following specific reasons: (a) Proposal received after the time limit for receiving proposals as stated in the advertisement. (b) Proposal submitted without the required bid security. 11 (c) Proposal submitted and not sealed and/or identifiable to a particular project. B-2-15 Disqualification of Bidders: Bidders may be disqualified and their proposals not considered for any of the 11 following specific reasons: (a) Reason for believing collusion exists among the bidders. (b) Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated. (c) The bidder being interested in any litigation against the City. 1/ (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. I/ (rev. Nov/94) PAGE 6 OF 29 [11 I; [0 B-2-16 Disclosure of Interests: All entities desiring to do business with the City of Corpus Christi are required to provide a Disclosure of Interests. The required form is included as a part of the proposal. Prospective bidders may submit the form with their proposal. The successful bidder shall be required to submit the form within 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 ki transmitted to the City Engineer who will include a summary of such report with any future bid award recommendations for which the Contractor is a bidder and bring to the attention of the City Council any such report received prior to the issuance of a work order to any such Contractor. A copy of this report shall be sent to the Contractor. The Human Relations Administrator will follow up any such report and bring to the attention of the Commission any further action by the Contractor which would include that the findings of the Commission should be modified. Any such modified findings of the Commission will be delivered to the City Engineer with a copy to the Contractor and be included in any future bid award recommendations. It (rev. Nov/94) PAGE 7 OF 29 L I The City Council reserves the right to consider such reports in determining the 11 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 I/ 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. 1/ (b) Payment Bond: A good and sufficient bond in an amount equal to one hundred percent (100%) of the approximate total amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and proper protection of all claimants supplying labor and/or material in the prosecution of the work provided for in said contract and for the use of each such claimant. A Payment Bond will not be required if the contract amount does not exceed $25, 000.00. 11 (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 will11 be made under the contract until the new surety, or sureties as required, has qualified and been accepted by the City. The contract shall not be operative nor will any payments be due or paid until approval of the bonds has been made by the City. The City requires that the Power of Attorney submitted with any surety bond (Performance, Payment, etc. ) be signed with an original signature and properly dated and sealed. In the event a facsimile Power of Attorney is used, the City must have on file a sworn statement from an officer of the surety company to the effect that the agent who signs the bond form for the surety is currently in good standing with the surety. It is also required that the facsimile be a true copy of the original Power of Attorney on file among the records of the surety in its home office, not be amended or abridge, still be in full force and effect, and that the City will be notified in the event of cancellation of the particular agent. B-3-5 Execution of Contract: (rev. Nov/94) 11 PAGE 8 OF 29 I 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 C.ity as an abandonment of his 1: 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 1: 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. 1: 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 1: 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, 1: 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, I; 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 t: 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 [�■"t 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 29 I 11 (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, 11 upon demand, shall be entitled to revised consideration on that portion of the work above one hundred twenty-five percent (125%) of the quantity stated in the proposal. (d) When the quantity of work done or materials to be furnished under any Major Item of the contract is less than seventy-five percent (75%) of the quantity of that item stated in the proposal, then either party to the contract, upon demand, shall be entitled to revised consideration on the work performed. (e) Any revised consideration is to be determined by special agreement or as 1/ is hereinafter provided under "Payment for Extra Work". B-4-4 Alteration of Plans and Specifications: 11 The City reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original plans and specifications or change the general I/ 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 11 reductions in the contract cost by effective changes to the contract plans and specifications. Any VECP submittal shall include the following: (1) The present contract requirement and description of the proposal change including any modifications to the plans and specifications. (2) The comparative advantages and disadvantages of both the present requirement and the proposed change. 11 (3) An analysis of how the proposed change will alter the function, characteristics and/or performance of a component. 11(4) A separate detailed cost estimate comparing the cost of the existing requirement and the cost of the proposed change including any costs which might be incurred in testing or evaluation of the proposed change. (5) A comparative projection of the operational and maintenance costs of the 11 existing requirement and the proposed change. (6) A projection of the latest date which the VECP can be incorporated into the contract to achieve maximum cost savings. Any effect upon completion time or delivery schedule should also be noted. The City Engineer shall notify the Contractor of the status of the VECP within thirty (30) days of its receipt. Acceptance or rejection of the VECP by the City 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. 11 Execution by both parties of a change order to the contract covering the proposed changes shall constitute approval of the VECP and authorization to proceed with the changes. Until such time as the change order is executed, the Contractor shall perform in accordance with the provisions of the existing contract. (rev. Nov/94) PAGE 10 OF 29 L 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: C: 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. t: 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 [111 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 L. 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 [10 accepted or paid for. (rev. Nov/94) PAGE 11 OF 29 11 B-5-3 Conformity with Plans: All work shall conform to the lines, grades, cross-sections, and dimensions shown on the plans. Any deviation from the plans which may be required by the exigencies of construction will be determined by the City Engineer and authorized by him in writing. 11 B-5-4 Existing Structures: The plans show the location of all known surface and subsurface structures. However, the location of many gas mains, water mains, conduits, sewers, etc. is unknown, and the City assumes no responsibility for failure to shown any or all of these structures on the plans or to show them in their exact location. It is mutually agreed such failure will not be considered sufficient basis for claims for additional compensation for extra work in any manner whatsoever unless the obstruction encountered is such as to necessitate substantial changes in the 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 11 work due to variable subsurface conditions, whether such conditions and such work are fully and properly described on the plans or not. Minor changes and variations of the work specified and shown on the plans shall be expected by the Contractor and allowed for as incidental to the satisfactory completion of a whole and functioning work or improvement. B-5-5 Coordination of Plans, Specifications, Proposal and Special Provisions: The plans, general provisions, proposal, special provisions, standard 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 I/ 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 11 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 CityI/ Engineer or his authorized representatives. The Contractor shall provide all facilities to enable the Engineer or Inspector to inspect the workmanship and materials entering into the work. On marine work, the Contractor shall furnish motorboat transportation as required by the Engineer for the purpose of inspecting the work. The superintendent shall keep the City Engineer or his representative informed of the work he is planning to do and the work schedule. (rev. Nov/94) I/ PAGE 12 OF 29 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 ['s 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 i 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 [/0Contractor 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 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 [0 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. [*0The 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. [01 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: (rev. Nov/94) PAGE 13 OF 29 L 3 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 and11 located so as to facilitate prompt inspection. Particular attention is directed to the storage or structural steel and reinforcing steel, which shall not be stored on the ground. 11 B-5-12 Removal of Defective and Unauthorized Work: 11 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. B-5-13 Final Inspection: 11 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 final1/ acceptance will be made. Previous inspection by the Engineer or his representatives during the course of the work shall not be interpreted as approval or acceptance of work or materials which on final inspection are found to be defective or note in accordance with the contract and its duly authorized modifications. B-5-14 Warranty Inspection: Forty-five (45) to sixty (60) days prior to the expiration of the maintenance 11 guaranty period as specified in the contract documents, a warranty inspection will be made. The Contractor may be notified when this examination will be made so that he or his representatives may be present. Within the maintenance guaranty period, the Contractor when ordered by the Engineer, shall repair, replace or rebuild such portions which are found to be faulty because of materials or workmanship. The Contractor shall begin the 11 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 I/ surety. B-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY: B-6-1 Laws to be Observed: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any manner affect the conduct 1/ (rev. Nov/94) PAGE 14 OF 29 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. [111 C: 8-6-2 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. 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. [1.11 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 their use shall be strictly enforced by the Contractor. All sanitary laws and regulations of the State of Texas and the City of Corpus Christi shall be strictly complied with. B-6-5 Public Convenience and Safety: 1: Materials stored about the work shall be so placed and the work shall at all times be so conducted as to cause no greater obstruction to the traveling public than is considered necessary by the Engineer. The Contractor shall, upon direction of the Engineer, make provisions by bridges or otherwise at sidewalks and private driveways for the free passage of pedestrians and vehicles provided that, where bridging is impracticable or unnecessary in the opinion of the Engineer, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of roadways and bridges. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials or plant used C: in the construction of the work shall be placed so as not to endanger the work or (rev. Nov/94) PAGE 15 OF 29 L I prevent free access to all fire hydrants, water valves, gas valves, manholes for telephone, telegraph, signal or electric conduits, sanitary or storm sewers, and fire alarm or police call boxes in the vicinity. The City reserves the right to remedy any neglect on the part of the Contractor as regards the public convenience and safety which may come to its attention after twenty-four hours notice in writing to the Contractor except in 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 from monies due or to become due the Contractor. The Contractor shall notify the Fire and Police Division Headquarters when any street is closed or obstructed. 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 11 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 11 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 11 be designated to be left free and unobstructed. Other Contractors of the City may, for all purposes be required by their contracts, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contractors of the City all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. B-6-7 Railway Crossings: Where the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to methods of doing the work or precautions for safety of property and the public. All negotiations with the railway company, except for right-of-way, shall be made by the Contractor. The railway company shall be notified by the Contractor not less than five (5) days previous to time of his intentions to begin the work. The Contractor will not be paid direct compensation for such railway crossing but shall receive only the compensation for such railway crossing as set out in the proposal. B-6-8 Traffic Control Devices: Where the Contractor's operations are carried on in or adjacent to any public right-of-way or public place and which, in the opinion of the City Engineer, interferes with normal vehicular and pedestrian traffic, the Contractor shall take appropriate measures to protect persons, property and the work. Such measures shall include but not be limited to barricades, lights, signs, fences, flagmen, and watchmen. Such measures shall be taken to exclude or route pedestrian and vehicular traffic around the work and area of operations. Barricades, lights, signs and flagmen shall be utilized in accordance with the Uniform Barricading Standards and Practices as adopted by the City. The Contractor shall be responsible for all damages to persons, property and the work occasioned by his operations and said responsibility shall not cease until the project has been accepted by the City. (rev. Nov/94) PAGE 16 OF 29 I 1: Cj B-6-9 Use of Explosives: Should the Contractor elect to use explosives in the prosecution of the work, the utmost care shall be exercised so as not to endanger life or property. The City shall not be held liable for damages done by the Contractor in the use of explosives. The Contractor shall notify the proper representatives of any public service corporation, any company or any individual not less than eight (8) hours 1: 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 1: 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 E: thereby is changed or canceled and shall shown the following minimum coverage in an insurance company acceptable to the City. The City reserves the right to modify minimum limits based upon the nature and scope of the work. The Contractor agrees to comply with the Supplemental Insurance Requirements stated in the "Special Provisions" section of this contract. (rev. Nov/94) PAGE 17 OF 29 I 11 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 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 11 a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10) calendar days after the date the City requests that the Contractor sign the contract documents, the Contractor shall provide the City with a copy of its certificate of authority to self-insure its workers' compensation coverage as well as a letter, signed by the Contractor, stating that the certificate of authority to self-insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the11 City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Contractor shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P.O. Box 9277, Corpus Christi, Texas 78469 - Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all worker' compensation obligations incurred by the Contractor will be promptly met. (d) Employer's Liability: 11 Minimum Insurance Coverage - $100, 000 Per Person 11(e) Builder's Risk Insurance Coverage: Contractor will be responsible for providing builder's risk insurance coverage for the term of the contract up to and including the date the City11 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 property11 to be constructed, repaired or otherwise improved under the contract. (rev. Nov/94) PAGE 18 OF 29 I 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. [se 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 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: [1.11 Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the City, he shall, within three (3) days after sustaining such alleged damage, make a written statement to the City Engineer, setting out in detail the nature of the alleged damage; and on or before the twenty-fifth (25th) day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the City Engineer an itemized statement of the details and amount of such alleged damage and, upon 1: 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 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 [11 for this purpose, he shall provide and maintain, at his own expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own expense, shall construct such troughs, pipes or other structures necessary and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such time as the permanent connections are 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 [11 (rev. Nov/94) PAGE 19 OF 29 I 11 satisfactory manner so that no nuisance is created and so that the work under construction will adequately be protected. B-6-15 Arrangement and Charge for Water Furnished by the City: 11 Where the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the City of Corpus Christi, Department of Public Utilities for so doing. However, this in no way obligates the City to provide water. B-6-16 Use of Fire Hydrants: No person shall open, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve or stop cock, or tap and water main belonging to the City unless duly authorized to do so by the City of Corpus Christi, Water Division Superintendent. B-6-17 Use of a Section or Portion of the Work: 11 Wherever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any 11 of the provisions of these specifications or the contract pending final completion and acceptance of the work; all necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship or to operations of the Contractor, shall be performed by the Contractor at his own cost and expense. B-6-18 Separate Contracts: The City reserves the right to make essential installation of items not included in the contract prior to acceptance of the project from the Contractor. Within this right, the City may let other contracts or may do such work with its own materials and labor forces. The City, in reserving this right, warrants that 11 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 11 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 or11 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 11 (rev. Nov/94) PAGE 20 OF 29 [10 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. B-6-22 Tax Exemption Provision: Contracts awarded by the City of Corpus Christi qualify for exemption pursuant to the provision of Article 20.04 (H) of the Texas Limited Sales, Excise and Use Tax Act. The Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's Ruling #95-0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's Ruling #95-0.09 as amended to be effective October 2, 1968. B-7 PROSECUTION AND PROGRESS: 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 [0 therein, or any part thereof to any persons, partnership, company, firm or (rev. Nov/94) PAGE 21 OF 29 L 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 complete11 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. 11 B-7-3 Prosecution of the Work: 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 construction operations shall be at all times as directed be or approver by the Engineer. Such direction or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the contract. Should the prosecution of the work be discontinued by the Contractor, he shall notify the Engineer at least twenty-four (24) hours in advance of resuming operations. B-7-4 Limitation of Operations: The work shall be so conducted as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closes or is carrying on operations on a greater portion of the 11 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: 11 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 11 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 11 such person or persons shall not be employed thereon again without the written consent of the Engineer. All workmen shall have sufficient skill and experience to perform properly the work assigned them. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory working condition. Equipment on any portion of the work shall be such that no injury to the work or adjacent property will result from its use. 11 B-7-6 Working Hours: Work shall be done only during the regular and commonly accepted and11 prescribed working hours. No work on any unit of this contract shall be performed before 7 a.m., or after 6 p.m., or on Sunday, or on a regular holiday as listed in the definitions, unless special permission is given in writing by (rev. Nov/94) PAGE 22 OF 29 L 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 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 C: 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, 1: quarantine restrictions, strikes, freight embargoes, unusually severe weather conditions (weather which is beyond the normal weather recorded and expected for the season or seasons of the year in the records of the National Oceanic and Atmospheric Administration's Climatic Data Center) , or delays of subcontractors due to such causes; all provided that actual stoppage of work ensues and no fault of the Contractor is involved. If the satisfactory execution and completion of the contract should require work and materials in a greater amount, or quantities, than those set forth in the contract, then the contract time shall automatically be increased the same proportion as the cost of the additional work bears to the cost of the original work contracted for. No allowance will be made for delays or suspension of the prosecution of the work due to the fault of the Contractor. B-7-9 Computation of Contract Time for Completion: For the purpose of computation, the contract time shall begin with the tenth (10th) calendar day after the date of the written authorization by the City Engineer to begin work, or such earlier date as work, other than the delivery of materials, is actually commenced. The Engineer shall furnish the Contractor a monthly statement showing the days (calendar or working) charged during the month. If no protest as to the correctness of the statement is filed within seven (7) days by the Contractor, C: 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. (rev. Nov/94) PAGE 23 OF 29 I 11 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 11 monies at the time or times such damages begin to occur, thence to the completion of construction. B-7-1l Suspension by Court Order: The Contractor shall suspend such part or parts of the work ordered by the Court, and will not be entitled to additional compensation by virtue of such Court Order. Neither will he be liable to the City in the event and for the time the work is suspended by Court Order. B-7-12 Temporary Suspension: 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 11 where necessary. The Contractor shall not suspend work without written authority from the Engineer and shall proceed with work promptly when notified by the Engineer to resume operations. B-7-13 Suspension of Work and Annulment of Contract: The work or any portion of the work under contract shall be suspended immediately on written order of the City Engineer or the City Manager, a copy of such notice to be served on the Contractor's sureties, or the contract may be11 annulled by the City for any good cause or causes, among others of which special reference is made to the following: (a) Failure of the Contractor to start the work within the specified11 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 equipment11 for properly executing the work. (d) Substantial evidence that the Contractor has abandoned the work. 11 (e) Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work. (f) Deliberate failure on the part of the Contractor to observe any31 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 illegally11 procuring a contract or perpetrating fraud on the City in the construction of the work under contract. (rev. Nov/94) 11 PAGE 24 OF 29 L When the work is suspended for any of the causes itemized above or for any other cause or causes, the Contractor shall discontinue the work or such part thereof as the City shall designate, whereupon the sureties may, at their option, assume the contract or that portion thereof which the City has ordered the Contractor to discontinue, and may perform the same, or may, with the written 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 [11 such manner as not to hinder or interfere with the performance of workmen employed as above provided by the City. B-7-14 Termination of Contract: The contract will be considered fulfilled, saved as provided in any maintenance stipulations, bond or by law, when all the work has been completed, the final inspection made by the Engineer, and final acceptance and final payment made by the City. B-7-15 No Intent to Benefit Third Parties Nothwithstanding anything contained in this Agreement to the contrary, nothing in this Agreement, expressed or implied, is intended to confer on any person other than the parties hereto or their respective heirs, successors, executors, administrators and assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement. B-8 MEASUREMENT AND PAYMENT: B-8-1 Measurement of Quantities: The determination of quantities of work acceptably completed under the terms of the contract, or as directed by the Engineer in writing, will be made by the Engineer, based on measurements made by the Engineer. These measurements will be (rev. Nov/94) PAGE 25 OF 29 I taken according to the U.S. Standard Measurements, used in common practice, and will be the actual length, area, solid contents, numbers and weight. It is pointed out that inclusion in the standard construction specifications of paragraphs describing methods of measurement and payment is not intended to imply 11 that separate payments shall be made under each such standard specification. The units for which payment shall be made are those stated in the proposal. B-8-2 Unit Price: 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. 11 B-8-3 Scope of Payment: 1/ 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 11 the prosecution of the work; for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the work as herein specified; for any infringement of patents, trademarks or copyrights; and for completing the work in an acceptable manner according to the plans and specifications. The payment of any current or partial estimate prior to final acceptance of the work by the City shall in no way constitute an acknowledgement of the acceptance of the work nor in any way prejudice or affect the obligation of the Contractor to repair, correct, renew, or replace, at his expense, any defects or imperfections in the construction or in the strength or quality of the materials used in or about the construction of the work under contract and its appurtenances, nor any damage due or attributed to such defects, imperfections or damage shall have been discovered on or before the final inspection and acceptance of the work. 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. 11 B-8-4 Payment for Extra Work: Extra work authorized and approved by the City Engineer and performed by the 11 Contractor will be paid for in the manner hereinafter described, and the compensation thus provided shall be accepted by the Contractor as payment in full for all labor, material, tools, equipment and incidentals and all superintendents' time and timekeepers' services, all insurance, bond and all other overhead expenses incurred in the prosecution of the extra work. Payment for extra work will be calculated on one of the following basis, subject to all other conditions of the contract: (a) By unit prices agreed on in writing by both parties, payment to be for11 the quantity actually installed as finally measured. (b) By a lump sum price agreed on in writing by both parties. (rev. Nov/94) 11 PAGE 26 OF 29 I i (c) By actual field cost of the work plus fifteen percent (15%) as described hereinbelow, agreed on in writing by both parties. In the C: event extra work is to be performed and paid for under this method, the actual field cost of the work will include the cost of all workmen, foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rental or machinery equipment, only for the time actually employed or used on such extra work, plus all power, fuel, lubricants, water and similar operating expenses, and a rateable proportion of premiums on Performance and Payment Bonds, public liability and Workmen's Compensation and all other insurance required by law or ordinance. The Engineer will direct the form in which the 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 1: or to hire other contractors to perform such extra work. B-8-5 Policy on Extra Work and Change Orders: 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) Ail 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 be so notified. B-8-6 Partial Estimates: (rev. Nov/94) PAGE 27 OF 29 I 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 the Engineer such detailed in formation as he may request to aid him as a guide in the preparation of partial estimates. It is understood that the partial estimates from month to month will be approximate only and all partial estimates and payments will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not in any respect be taken as an admission of the City of the amount of work done or of its quality or sufficiency nor as an acceptance of the work or the release of the Contractor of any of his responsibility under the contract. In determining the partial payment to be made to the Contractor, the City will retain five percent (5%) of the total approximate estimate, unless otherwise stated, and will deduct payments previously made. No partial payment will 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 11 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. 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: 11 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 and11 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. 11 B-8-9 Final Acceptance: Whenever the improvement provided for by contract shall have been completely performed on the part of the Contractor, the Contractor shall notify the Engineer that the improvement is ready for final inspection. The Engineer will then make such final inspection; and if the work is satisfactory and in accordance with the specifications and contract, he will certify such completion for Final Acceptance. B-8-10 Final Payment: 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. All11 prior estimates upon which payments have been made are subject to necessary corrections or revisions in the final payment. The amount of this final estimate, less any sums that have been deducted or retained under the provisions of the contract, will be paid the Contractor within thirty (30) days after Final Acceptance provided the Contractor has furnished to the City satisfactory evidence in the form of an affidavit(s) that all sums of money due for any labor, materials, apparatus, fixtures, or machinery furnished for and used in the prosecution of the work have been paid; or that the person or persons to whom the sum may respectively be due have consented to such final payment. The improvement 1/ (rev. Nov/94) PAGE 28 OF 29 L 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 1: any act of neglect of said City relating to or connected with the contract. B-B-11 Maintenance Guaranty: The Contractor shall maintain and keep in good repair the work herein contracted to be done and performed for a period of one (1) year from the date of acceptance, or for such lesser or greater period as may be specially provided, shall do all necessary backfilling that may arise on account of sunken conditions in ditches, or otherwise, and shall do and perform all necessary work and repair any defective condition growing out of or arising from the improper joining of the same, or on account of any breaking of the same caused by 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 1: this obligation. This provision shall further, and in addition, be evidence by the provisions of the Performance Bond or such other bond as may be required. L 1: L I C I I (rev. Nov/94) PAGE 29 OF 29 I PART C FEDERAL WAGE RATES AND REQUIREMENTS L re Tx342.dvb General Decision Number: Tx150342 04/24/2015 Tx342 Superseded General Decision Number: Tx20140342 State: Texas LConstruction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Executive Order (Eo) 13658 establishes an hourly minimum 1w 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 I: 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 1: 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. I: Modification Number Publication Date 0 01/02/2015 1 03/06/2015 is 2 04/24/2015 BOIL0074-003 01/01/2014 l'o Rates Fringes BOILERMAKER $ 23.14 21.55 * ELECO278-002 08/31/2014 Rates Fringes ri ELECTRICIAN $ 24.30 3%+6.80 ENGIO178-005 06/01/2014 [11 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 (3) Hydraulic cranes 59 Tons and under $ 27.50 10.60 IRON0084-011 06/15/2014 LRates Fringes IRONWORKER, ORNAMENTAL $ 22.02 6.35 Lis SUTx2014-068 07/21/2014 L L ro Tx342.dvb (11 Rates Fringes BRICKLAYER $ 20.04 0.00 1: CARPENTER $ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER $ 15.33 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) $ 19.77 7.13 IRONWORKER, REINFORCING $ 12.27 0.00 I: IRONWORKER, STRUCTURAL $ 22.16 5.26 LABORER: Common or General $ 9.68 0.00 LABORER: Mason Tender - Brick $ 11.36 0.00 LABORER: Mason Tender - I: Cement/Concrete $ 10.58 0.00 LABORER: Pipelayer $ 12.49 2.13 I: LABORER: Roof Tearoff $ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 14.25 0.00 l: OPERATOR: Bobcat/Skid Steer/Skid Loader $ 13.93 0.00 1: OPERATOR: Bulldozer $ 18.29 1.31 OPERATOR: Drill $ 16.22 0.34 1: OPERATOR: Forklift $ 14.83 0.00 OPERATOR: Grader/Blade $ 13.37 0.00 t: OPERATOR: Loader $ 13.55 0.94 OPERATOR: Mechanic $ 17.52 3.33 r OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.03 0.00 OPERATOR: Roller $ 12.70 0.00 LPAINTER (Brush, Roller, and Spray) $ 14.45 0.00 r PIPEFITTER $ 25.80 8.55 PLUMBER $ 25.64 8.16 ['s ROOFER $ 13.75 0.00 SHEET METAL WORKER (HVAC Duct Installation Only) $ 22.73 7.52 LSHEET METAL WORKER, Excludes L E Tx342.dvb HVAC Duct Installation $ 21.13 6.53 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 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . rts 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)) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers 1: 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, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and I I 1: Tx342.dvb 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 [11 wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. E: Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers lo classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. I WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying.a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter Im * a conformance (additional classification and rate) ruling on survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. with regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction wage Determinations. write to: Branch of Construction wage Determinations Wage and Hour Division U.S. Department of Labor Lio 200 Constitution Avenue, N.W. L Tx342.dvb Washington, DC 20210 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 waga 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 to 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wa9e payment data, project description, area practice material , etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 la4.) All decisions by the Administrative Review Board are final . END OF GENERAL DECISION L L L it L L 6 L PART S L STANDARD SPECIFICATIONS L L SECTION 075220 [11 BUILT-UP ASPHALT ROOF SYSTEM (S-108) 1. DESCRIPTION This specification shall govern all work for furnishing materials and constructing built-up asphalt roof required to complete the project. 2. MATERIALS Materials: Obtain primary roofing materials from only one manufacturer, to the greatest extent possible. Secondary materials (and materials not available from the primary roofing materials manufacturer) shall be those built-up roofing materials recommended by the manufacturer of the primary materials. Materials shall comply with the following A.S.T.M. standards or shall be of equal or superior quality to the listed product: Asphalt Primer - ASTM D-41 Steep Asphalt - Type III or IV - ASTM D-312 Polyurethane Foam Board Insulation - Johns-Manville - Fesco Foam Roof Insulation Perlitic Board Roof Insulation - ASTM C209/E84 Asphalt Saturated Fiberglass Plies - ASTM D-2178 Type IV Wood Fiberboard Cant Strip - (cut from 1 1/2" thick wood fiberglass roof insulation) - ASTM C-208 Plastic Cement - Inner Ply: Gulf States No. 304 Plastic Cement Outer Ply: J. M. Asbestile Flashing Cement Fibrated Aluminum Roof Coating - ASTM D-2824-69 3. MATERIAL STORAGE AND HANDLING During storage and handling, insulation should be protected from the elements. It should be protected from moisture to prevent moisture absorption. Roll roofing materials should be stacked vertically and protected from the elements. If the base ply is left exposed on the roof overnight, it is recommended that the laps be sealed either with hot asphalt or mastic, and any uncoated base sheet should be glaze coated with hot asphalt to temporarily seal the surface at the end of each day's work. L Care should be exercised in the handling and application of insulation to prevent cracking, breaking off or spalling of the edges. 4. CONSTRUCTION METHODS A. Preparation of Deck - Remove existing built-up roof system. Prior to the installation of any roofing materials, the deck surface must be clean, smooth, free from moisture, loose particles, grease, oil and other foreign matter. Solid prime the deck and necessary portions of parapet walls with asphalt primer and allow to dry completely. Contractor shall be held responsible for any damage to the inside of the building. B. Insulation - Perlitic tapered board roof insulation shall be applied to provide a slope of a minimum of 1/8 inch per foot of roof toward roof 075220 6/07/89 [11 Page 1 of 3 L 1: 1: edge. The contractor shall submit a plan showing the drainage pattern for approval prior to commencing work. The contractor is cautioned that there are a number of low areas on this roof to be corrected. Installation shall be as per manufacturer's recommendations. The foam board shall be laid in a solid mopping of hot asphalt applied at a rate of 25 lb. per square and heated in accordance with Equiviscous Temperature Standards. Equiviscous Temperature Range (E.V.T.) is the temperature range, plus or minus 25EF., at which a viscosity of 125 centistokes is attained. E.V.T. information can be obtained from the manufacturer. The installation of the roofing system during two or more separate time intervals, or phase application, is not recommended. All plies of a given specification should be applied at one time. Only install as much insulation as can be completely covered with roof membrane and exposed edges of insulation boards should be protected with water cut offs at the end of each working day. The water cut offs should be removed or cut before starting the next day's work. When two or more layers of insulation are installed, the joints shall be staggered vertically and offset where possible. The edges of insulation board shall be straight and flush. End joints between adjacent boards should be staggered. C. Membrane: A solid mopping of asphalt shall be applied over insulation followed by four plies of asphalt saturated fiberglass meeting ASTM D-2178 Type IV. Each of the four plies of fiberglass shall be applied into a fluid, continuous application of asphalt. The plies should be lapped 27 1/2" leaving an exposure of 8 1/2". The asphalt shall be applied such that in no place will adjacent plies touch each other. All plies shall be broomed or squeegeed into place as they are applied. The asphalt shall be heated in accordance with E.V.T. standards and applied at a rate of 30 lbs. per square. A flood coat of asphalt applied at a rate of 20 lbs. per square shall be placed on the last layer of fiberglass followed by a coat [: of fibrated aluminum roof coating. Felts should be laid in a straight line to assure adequate lap. [: During the application of roofing materials, moisture should be prevented from becoming entrapped between the felts. If precipitation occurs prior to the completion of roof membrane application, all surfaces should be allowed to dry prior to resuming work. 1: Care should be taken to ensure a thin, continuous uniform interplay mopping of asphalt is applied within the E.V.T. temperature range to attain maximum adhesion of the plies. 5. ACCEPTANCE CRITERIA All areas which fail drainage specification requirements with respect to slope, materials quality, etc., shall be repaired or replaced at the expense of the i; contractor. The maximum ponding area acceptable shall be 10 square feet and/or 1/4 inch deep. 6. GUARANTEE [: The Contractor shall submit two copies of a five-year guarantee for the roofing and associated work, agreeing to repair or replace any work which leaks water, deteriorates excessively, or otherwise fails to perform as required due to failures of materials or workmanship. Guarantee shall be signed by the 075220 6/07/89 Lis Page 2 of 3 I Contractor. it At the end of the five-year period (two years from substantial completion) , representatives of the Contractor and the City shall inspect the roof for any deficiencies due to wear and tear or faulty construction. All deficiencies shall be Contractor's at no expense to the City. 7. MEASUREMENT AND PAYMENT Unless indicated otherwise in the proposal, built-up asphalt roof shall not be 1: measured for pay but shall be considered subsidiary to the project. I I I L I I I C I Lit I I 075220 6/07/89 Li Page 3 of 3 I V1 H H H W ... 4411, L ,i. , , .._ , ..x . goo I . ... , or I 4 .., • . . . . . . it ,...... . . ' ONO I Vig *VIC.rIIIITIIIIPPrill VI ,II, .44114110' r i , ., .... , r , „ • ... AIM ,. ....., .. .. ... . r I - , I 6 Ili ft. • Ili .46101, III • ii r , - , , 1 ......, 0 . ,. • . .01 , . , 0 ifiz. t , , ,...... w .... • 44 , ....--__....-. ...., . t ... r , . • *mg or, fkli , r 1 r ' r .... . . 4,V, .: •'' . '.:, , ,, , -.._' ,„, * • , -• .6.1"." .,.. IN SI von H Z W 144Ch LAI Lail r _ . AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § I THIS AGREEMENT is entered into this 14th day of September, 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 Haeber Roofing Company termed in the Contract Documents as "Contractor,"upon these terms, performable in Nueces County, Texas: In consideration of the payment of $130,264.35 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) HEB TENNIS CTR BLDGS A, B AND C REPAIRS PROJECT NO. E15183 TOTAL AMOUNT: $130,264.35 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. I Page 1 of 3 Rev.Aug-2014 I r t , Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A-26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 90 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev.Aug-2014 ha CITY OF CORPU CHRISTIiv lis By: J 9/ 5 Vale - ray, P.E. Exec a Director of rblic Wo ' /r G APPROVED AS TO LEGAL FORM Asst. ity Attorney RECOMMENDED: APP V D: Funding Dept. App al (Dept. Head) iretor of Management & Budget is Date Date 3293 027 550910 E12118013293EXP Funding Source CONTRACTOR ur ATTEST: (If Corporation) Haeber fin. Corn•an ii Alum• B : ��L : i r ( -al Below) Q S Title: (Note: If Person signing for corporation is not President, 2833 Holly Road attach copy of authorization (Address) to sign) Corpus Christi, TX 78415 (City) (State) (ZIP) 361/851-8142 * 361/851-8062 (Phone) (Fax) Drucker3Paol.com (E-Mail) irr Page 3 of 3 Rev.Aug-2014 Vl 0 a 0 a a • HAEBER 2833 Holly Road ROOFING COMPANY (361)851-8142 Corpus Christi,Texas 78415 Fax(361)851-8062 COMMERCIAL&RESIDENTIAL-ESTIMATES August 21,2015 Ref:HEB Tennis Center Gracie Mesa Rer000f Buildings A, B&C Sr Project Manager Corpus Christi, Texas JOC Program We propose to furnish the necessary labor,material,supervision and all taxes and insurance to do the work in accordance with the following sections: Building A&B We will remove the existing modified bitumen roof and the existing four ply roof down to the concrete deck. The new Insulation system will be '/4"per foot tapered polyisocyanurate insulation and a'R' coverboard set in asphalt. The new roofing system will be a modified bitumen base sheet and a modified bitumen fire rated cap sheet.New Base flashing will be a modified bitumen base sheet and a modified bitumen cap sheet. We include new sheet metal scuppers and down spouts and Vents. Building C We will remove the existing four ply roof and gravel down to the tectum deck. We will mechanically attach a base sheet to the existing tectum deck. The new Insulation system will be a base layer of 3"polyisocyanurate insulation and a'/+"per foot tapered polyisocyanurate insulation and a'/2"coverboard set in asphalt. The new roofing system will be a modified bitumen base sheet and a modified bitumen fire rated cap sheet.New Base flashing will be a modified bitumen base sheet and a modified bitumen cap sheet. We include new sheet metal Gutters and down spouts and Vents. Price. $ 130,264.35 Note:The above price includes the city of Corpus Christi building permit fee and landfill fee. We will have a registered engineer inspect the roof for windstorm certification. Price includes Bond fees and a manufacturer's warranty. Building's is approximately 6,700 SF. Tectum deck may need to be replaced in some locations,this is not included in price we can do that work for the cost of the labor plus the material r to do the work. Project will take 90 calendar days to complete. 1/1 TERMS OF PAYMENT: Cash without discount upon completion on all work started and completed in one calendar month.On all other work:On the 10th of each month,90%of the contract L price of all materials and labor furnished during the preceding month is due and payable;balance on completion of contract,unless work is temporarily interrupted or its completion is delayed by you,then said balance shall immediately become due and payable. Only nems or work specifically fisted above are included in the contract price. Al amounts payable under this agreement are payable In C.C.Nueces County,Texas,and all past due amounts shall bear interest at the rate of ten percent per annum, other contracts of Haeber Roofing Company shall extend the time for completion of the work by Haeber Roofing Company. Our acceptance of contract subject to approval of our credit department This proposal in duplicate,when signed by you,will constitute s contract under the laws of the State of Texas and shall be so construed.This proposal subject to acceptance within ten days. Respectfully submitted HAEBER ROOF1 • PANY Accepted ,f - • Date ..By _— C[1 C L L B C L CostWorks 2014 - HEB Tennis BLD A Qty CSI Number Description Crew DO LH Unit BM BL BE Total Total Incl. O&P 0 000 01311 330 1500 Workers' compensation & employer's liability Insurance, roofing Payroll 31.29% 0.000 01311 390 0100 Performance Bond, for buildings, maximum Job 2.5% 2.5% 0.000 01412 650 0020 Permits rule of thumb, most cities, minimum Job 5% .5% 3.000 01452 350 5750 Roofing inspection technician, per day Ea. 0.00 0.00 0.00 1,174.20 1,297.80 2.000 01543 340 2050 Rent forklift, for rough terrain, 42' lift, 35' reach, 9000 Ib., 110 H.P. Week 0.00 0.00 2,884.00 2,884.00 3,172.40 2.000 01543 340 6430 Rent toilet, fresh water flush, garden hose Week 0.00 0.00 176.13 176.13 193.74 900.000 06111 024 5000 Wood framing, miscellaneous, milers, treated, wood construction, 2" x 4" 2 Carp 800 0.02 L.F. 491.31 423.01 0.00 914.32 1,237.81 5.000 07050 510 1325 Selective demolition, thermal and moisture protection, roof accessories, plumbing vent flashing 1 Clab 32 0.25 Ea. 0.00 29.75 0.00 29.75 49.02 240.000 07050 510 2120 Selective demolition, thermal and moisture protection, roof edge, aluminum soffit and fascia 1 Clab 570 0.014 L.F. 0.00 80.57 0.00 80.57 132.14 300.000 07050 510 2870 Selective demolition, thermal and moisture protection, roofing accessories, cant strip B2 2,000 0.02 L.F. 0.00 145.03 0.00 145.03 237.69 29.000 07050 510 3370 Selective demolition, thermal and moisture protection, roofing, modified bitumen B2 26 1.538 Sq. 0.00 1,070.96 0 00 1,070.96 1.771.96 29.000 07050 510 3470 Selective demolition, thermal and moisture protection, roofing, built-up, 4 -ply, excluding gravel B2 21 1.905 Sq. 0.00 1,324.10 0.00 1.324.10 2,180.87 2,900.000 07221 610 1650 Roof deck insulation, perifte, 1/2" th ck, R1.32, fastening excluded 1 Rofc 1,365 0.006 S.F. 955.84 311.55 0.00 1,267.39 1.627.80 14,200.000 07221 610 1765 Roof deck Insulation, polyisocyanurate, tapered for drainage, fastening excluded 1 Rofc 1,820 0.004 B.F. 8,629.34 1,144.15 0.00 9,773.49 11.608.95 109.000 07221 610 3090 Roof deck insulation, fastening altematives, full mop asphalt G1 192 0.292 Sq. 1,274.26 573.79 310.99 2,159.05 2,763.73 300.000 07511 330 0300 Cants, mineral or fiber, trapezoidal, 1" x 4" x 48" 1 Rofc 325 0.025 L.F. 74.16 213.52 0.00 287.68 466.72 2,900.000 07521 610 1100 SBS modified bituminous membrane, granule surface cap sheet, polyester reinforced, 160 mils, mopped G1 2,000 0.028 S.F. 2,150.64 2,180.87 806.49 5.138.00 7,190.09 2,900.000 07521 610 1600 SBS modified bituminous membrane, smooth surface cap sheet, 145 mils, mopped G1 2,100 0.027 S.F. 2,359.73 2,102.98 746.75 5,209.46 7,218.07 500.000 07521 610 1700 SBS modified bituminous membrane, smooth surface flashing, 145 mils G1 1,260 0.044 S.F. 406 85 604.31 216.30 1,227.46 1,772.54 500.000 07521 610 1900 SBS modified bituminous membrane, granular surface flashing, 150 mils G1 1,260 0.044 S.F. 339.90 604.31 216.30 1,160.51 1,700.91 160.000 07712 310 6700 Steel wire strainers, galvanized, rectangular, 3" x 4" 1 Shee 145 0.055 Ea. 2,801.60 313.70 0.00 3,115.30 3,57595 10.000 22142 616 5000 Drain, scupper floor, oblique strainer, cast Iron, 6" x 7" top, 2", 3" and 4" pipe size Q1 16 1 Ea. 2,698.60 282.01 0.00 2,980.61 3,395.50 Totals $22,182.23 $11,404.62 55,356.96 $40,118.01 $51,593.69 Haeber Roofing Factor 1.0 Total $51,593.69 CostWorks 2014 - NEB Tennis BLD B Qty CSI Number Description 0.000 01311 330 1500 Workers' compensation & employer's liability Insurance, roofing 0.000 01311 390 0100 Performance Bond, for buildings, maximum 0.000 01412 650 0020 Permits rule of thumb, most cities, minimum 3.000 01452 350 5750 Roofing inspection technician, per day 2.000 01543 340 2050 Rent forklift, for rough terrain, 42' lift, 35' reach, 9000 Ib., 110 H.P. Rent toilet, fresh water flush, garden hose Wood framing, miscellaneous, nailers, treated, wood construction, 2" x 4" Selective demolition, thermal and moisture protection, roof accessories, plumbing vent flashing Selective demolition, thermal and moisture protection, roof edge, aluminum soffit and fascia Selective demolition, thermal and moisture protection, roofing accessories, cant strip Selective demolition, thermal and moisture protection, roofing, modified bitumen Selective demolition, thermal and moisture protection, roofing, built-up, 4 -ply, excluding gravel Roof deck insulation, periite, 1/2" thick, R1.32, fastening excluded Roof deck insulation, polyisocyanurate, tapered for drainage, fastening excluded Roof deck insulation, fastening alternatives, full mop asphalt Cants, mineral or fiber, trapezoidal, 1" x 4" x 48" SBS modified bituminous membrane, granule surface cap sheet, polyester reinforced, 160 mils, mopped SBS modified bituminous membrane, smooth surface cap sheet, 145 mils, mopped SBS modified bituminous membrane, smooth surface flashing, 145 mils SBS modified bituminous membrane, granular surface flashing, 150 mils Steel wire strainers, galvanized, rectangular, 3" x 4" Drain, scupper floor, oblique strainer, cast iron, 6" x 7" top, 2", 3" and 4" pipe size 2.000 01543 340 6430 800.000 06111 024 5000 4.000 07050 510 1325 180.000 07050 510 2120 300.000 07050 510 2870 20.000 07050 510 3370 20.000 07050 510 3470 2,000.000 07221 610 1650 10,000.000 07221 610 1765 78.000 07221 610 3090 300.000 07511 330 0300 2,000.000 07521 610 1100 2,000.000 07521 610 1600 500.000 07521 610 1700 500.000 07521 610 1900 120.000 07712 310 6700 6.000 22142 616 5000 C Totals Crew 130 LH Unit BM BL BE Total Total incl. O&P Payroll 31.29% Job 2.5% 2.5% Job .5% .5% Ea. 0.00 0.00 0,00 1,174.20 1,297.80 Week 0.00 0.00 2,884.00 2,884.00 3,172.40 Week 0.00 0.00 176.13 176.13 193.74 2 Carp 800 0.02 L.F. 436.72 376.01 0.00 812.73 1,100.27 1 Clab 32 0.25 Ea. 0.00 23.80 0.00 23.80 39.21 1 Clab 570 0.014 L.F. 0.00 60.43 0,00 60.43 99.11 B2 2,000 0.02 L.F. 0.00 145.03 0,00 145.03 237.69 82 26 1.538 Sq. 0.00 73&60 0.00 738.60 1,222.04 82 21 1.905Sq. 0.00 913.17 0.00 913.17 1,504.05 1 Rofc 1,365 0.006 S.F. 659.20 214.86 0.00 874.06 1,122.62 1 Rofc 1,820 0.004 B.F. 6,077.00 805.74 0.00 6,882.74 8,175.32 G1 192 0.292 Sq. 911.86 410.61 222.54 1,545.01 1,977.71 1 Rofc 325 0.025 L.F. 74.16 213.52 0.00 287.68 466.72 01 2,000 0.028 S.F. 1,483.20 1,504.05 556.20 3,543.45 4,958.68 G1 2,100 0.027 S.F. 1,627.40 1,450.33 515.00 3,592.73 4,977.98 G1 1,260 0.044 S.F. 406.85 604.31 216.30 1,227.46 1,772.54 01 1,260 0.044 S.F. 339.90 604.31 216.30 1,160.51 1,700.91 1 Shee 145 0.055 Ea. 2,101.20 235.28 0.00 2,336.48 2,881.96 01 18 1 Ea 1,619.16 169210.00 1,788.37 2037.30 $15,736.65 $8,469.24 $4,786.47 $30,166.56 538,738.07 Haeber Roofing Factor 1.0 Total $38,738.07 Zip Type Release Note 784 R and R 2014 U203 2 784 R and R 2014 U316 2 784 R and R 2014 U321 2 784 R and R 2014 (Adjusted by 013113301500, 01 U883 2 784 R and R 2014 (Adjusted by 013113301500, 01E292 2 784 R and R 2014 (Adjusted by 013113301500, 01E388 2 784 R and R 2014 (Adjusted by 013113301500, 01 U30185 2 784 R and R 2014 (Adjusted by 013113301500, 01 U7339 2 784 R and R 2014 (Adjusted by 013113301500, 01 U7360 2 784 R and R 2014 (Adjusted by 013113301500, 01 U7391 2 784 R and R 2014 (Adjusted by 013113301500, 01 U7384 2 784 R and R 2014 (Adjusted by 013113301500, 01 U7381 2 784 R and R 2014 (Adjusted by 013113301500, 01 U34226 2 784 R and R 2014 (Adjusted by 013113301500, 01 U34249 2 784 R and R 2014 (Adjusted by 013113301500, 01 U121111 2 784 R and R 2014 (Adjusted by 013113301500, 01 U35423 2 784 R and R 2014 (Adjusted by 013113301500, 01 U35584 2 784 R and R 2014 (Adjusted by 013113301500, 01 U35587 2 784 R and R 2014 (Adjusted by 013113301500, 01 U35588 2 784 R and R 2014 (Adjusted by 013113301500, 01 U35590 2 784 R and R 2014 (Adjusted by 013113301500, 01 U35745 2 784 R and R 2014 (Adjusted by 013113301500, 01 U55056 2 CostWorks 2014 - NEB Tennis BLD C Qty CSI Number Description Crew DO LH Unit BM BL BE Total Total Incl. O&P 0.000 01311 330 1500 Workers' compensation & employer's liability insurance, roofing Payroll 31.29% 0.000 01311 390 0100 Performance Bond, for buildings, maximum Job 2 5% 2.5% 0.000 01412 650 0020 Permits rule of thumb, most cities, minimum Job .5% .5% 3.000 01452 350 5750 Roofing inspection technician, per day Ea. 0.00 0.00 0.00 1,174.20 1,297.80 2.000 01543 340 2050 Rent forklift, for rough terrain, 42' lift, 35' reach, 9000 Ib., 110 H.P. Week 0.00 0.00 2,884.00 2,884.00 3,172.40 2.000 01543 340 6430 Rent toilet, fresh water flush, garden hose Week 0.00 0 00 176.13 176.13 193.74 200.000 06111 024 5000 Wood framing, miscellaneous, nailers, treated, wood construction, 2" x 4" 2 Carp 800 0.02 LF. 109.18 94.00 0.00 203.18 275.77 5.000 07050 510 1325 Selective demolition, thermal and moisture protection, roof accessories, plumbing vent flashing 1 Clab 32 0.25 Ea. 0.00 29.75 0.00 29.75 49.02 180.000 07050 510 2120 Selective demolition, thermal and moisture protection, roof edge, aluminum soffit and fascia 1 Clab 570 0.014 L.F. 0.00 60.43 0.00 60.43 99.11 300.000 07050 510 2870 Selective demolition, thermal and moisture protection, roofing accessories, cant strip B2 2,000 0 02 L.F. 0.00 145.03 0.00 145.03 237.69 18.000 07050 510 3370 Selective demolition, thermal and moisture protection, roofing, modified bitumen B2 26 1.538 Sq. 0.00 684.74 0.00 664.74 1,099.84 18.000 07050 510 3470 Selective demolition, thermal and moisture protection, roofing, built-up, 4 -ply, excluding gravel B2 21 1.905 Sq. 0.00 821.85 0.00 821.85 1,353.64 1,800.000 07221 610 1650 Roof deck insulation, perlite, 1/2" thick, R1.32, fastening excluded 1 Rofc 1,365 0.006 S.F. 593.28 193.38 0.00 786.66 1,010.36 1,800.000 07221 610 1745 Polyisocyanurate insulation, for roof decks, 3" thick, 2#/CF density, fastening excluded 1 Rofc 1,300 0.006 S.F. 2,336.04 217.55 0.00 2,553.59 2,966.07 6,000.000 07221 610 1765 Roof deck insulation, polyisocyanurate, tapered for drainage, fastening excluded 1 Rofc 1,820 0.004 B.F. 3,646.20 483.44 0.00 4,129.64 4,905.19 70.000 07221 610 3090 Roof deck insulation, fastening altematives, full mop asphalt G1 192 0.292 Sq. 818.34 368.49 199.72 1,386.54 1,774.87 300.000 07511 330 0300 Cants, mineral or fiber, trapezoidal, 1" x 4" x 48" 1 Rofc 325 0.025 L.F. 74.16 213.52 0.00 287.68 466.72 18.000 07521 310 0040 APP modified bituminous membrane, base sheet, #15 glass fiber felt, fully mopped to deck G1 192 0.292 Sq. 380.07 142.62 51.36 574.04 726.03 1,800.000 07521 610 1100 SBS modified bituminous membrane, granule surface cap sheet, polyester reinforced, 160 mils, mopped G1 2,000 0.028 S.F. 1,334.88 1,353.64 500.58 3,189.10 4,462.82 1,800.000 07521 610 1600 SBS modified bituminous membrane, smooth surface cap sheet, 145 mils, mopped G7 2,100 0.027 S.F. 1,464.66 1,305.30 463.50 3.233.46 4,480.18 500.000 07521 610 1700 SBS modified bituminous membrane, smooth surface flashing, 145 mils G1 1,260 0.044 S.F. 406.85 604.31 216.30 1.22746 1,772.54 500.000 07521 610 1900 SBS modified bituminous membrane, granular surface flashing, 150 mils G1 1,260 0.044 S.F. 339.90 604.31 216.30 1.160.51 1,700.91 180.000 07711 910 1350 Gravel stop, galvanized steel, plain, with continuous cleat, 4" leg, 4" face height, 24 gauge 1 Shee 145 0.055 L.F. 1,140.21 352.91 0.00 1,493.12 1,806.57 160.000 07712 310 6700 Steel wire strainers, galvanized, rectangular, 3" x 4" 1 Shee 145 0.055 Ea. 2,801.60 313.70 0.00 3,115.30 3,575.95 180.000 07712 330 2200 Copper clad stainless steel gutters, K type, 6" wide 1 Shee 125 0.064 L.F. 1,687.14 408 51 0.00 2,095.65 2,506.09 Totals $17,132.51 $8,377.48 $4,707.88 $31,392.07 $3932.59 Haeber Roofing Factor 1.0 Total $39,932.59 Zip Type Release Note 784 R and R 2014 U203 2 784 R and R 2014 U316 2 784 R and R 2014 U321 2 784 R and R 2014 (Adjusted by 013113301500, 01 U883 2 784 R and R 2014 (Adjusted by 013113301500, 01E292 2 784 R and R 2014 (Adjusted by 013113301500, 01E388 2 784 R and R 2014 (Adjusted by 013113301500, 01 U30185 2 784 R and R 2014 (Adjusted by 013113301500, 01 U7339 2 784 R and R 2014 (Adjusted by 013113301500, 01 U7360 2 784 R and R 2014 (Adjusted by 013113301500, 01 U7391 2 784 R and R 2014 (Adjusted by 013113301500, 01 U7384 2 784 R and R 2014 (Adjusted by 013113301500, 01 U7381 2 784 R and R 2014 (Adjusted by 013113301500, 01 U34226 2 784 R and R 2014 (Adjusted by 013113301500, 01 U34247 2 784 R and R 2014 (Adjusted by 013113301500, 01 U34249 2 784 R and R 2014 (Adjusted by 013113301500, 01 U121111 2 784 R and R 2014 (Adjusted by 013113301500, 01 U35423 2 784 R and R 2014 (Adjusted by 013113301500, 01 U35573 2 784 R and R 2014 (Adjusted by 013113301500, 01 U35584 2 784 R and R 2014 (Adjusted by 013113301500, 01 U35587 2 784 R and R 2014 (Adjusted by 013113301500, 01 U35588 2 784 R and R 2014 (Adjusted by 013113301500, 01 U35590 2 784 R and R 2014 (Adjusted by 013113301500, 01 U36122 2 784 R and R 2014 (Adjusted by 013113301500, 01 U35745 2 784 R and R 2014 (Adjusted by 013113301500, 01 U35974 2 00 61 13 PERFORMANCE BOND BOND NO. TXC607337 Contractor as Principal Surety Name: Haeber Roofing Company Name: MERCHANTS BONDING COMPANY(MUTUAL) Mailing address (principal place of business): Mailing address(principal place of business): 2833 Holly Road 9500 ARBORETUM BLVD., STE 100 Corpus Christi,TX 78415 AUSTIN, TEXAS 78759 Physical address(principal place of business): Owner SAME Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs (Engineering Services) Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: IOWA Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number):512-241-4514 Large Job Order Contract RFP 2014-07 Prol. No. E15183 HEB Tennis Ctr Bldgs A,B and C Repairs Telephone (for notice of claim): SEE ATTACHED Local Agent for Surety Name: SWANTNER & GORDON INSURANCE AGENCY Award Date of the Contract: September 14,2015 Address:500 N. SHORELINE BLVD. , STE 1200 CORPUS CHRISTI, TEXAS 78401 Contract Price: $130,264.35 Bond Telephone:361-883-1711 Email Address: mmoore@s—gins.com Date of Bond: SEPTEMBER 30, 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 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves,and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Pri c'a al Surety Signature: fi, ' .j i e-�� Signature: �� � � Name: , D/ _ / Name: MARY EN MOORE r L Title: / re-SI/ '// Title: ATTnRNRY TN FACIT Email Address: S"iA-C k 'V' c J ?/\ Email Address:mmoore@s-gins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 Corpus Christi Standards—Large JOC 7-8-2014 00 61 16 PAYMENT BOND BOND NO. TXC607337 Contractor as Principal Surety Name: Haeber Roofing Company Name:MERCHANTS BONDING COMPANY(MUTUAL) Mailing address(principal place of business): Mailing address(principal place of business): 2833 Holly Road 9500 ARBORETUM BLVD. , STE 100 Corpus Christi,TX 78415 AUSTIN, TEXAS 78759 Physical address(principal place of business): Owner SAME Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs (Engineering Services) Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: IOWA Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Large Job Order Contract RFP 2014-07 Telephone (main number): 512-241-4514 Proi. No. E15183 HEB Tennis Ctr Bldgs A,B and C Repairs Telephone (for notice of claim): SEE ATTACHED Local Agent for Surety Name:SWANTNER & GORDON INSURANCE AGENCY Award Date of the Contract: September 14, 2015 Address: 500 N. SHORELINE BLVD., STE 1200 CORPUS CHRISTI, TEXAS 78401 Contract Price: $130,264.35 Bond Telephone: 361-883-1711 Email Address:mmoore@s—gins.com Date of Bond: SEPTEMBER 30, 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 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 Pri/ Surety Signature: 4i11A/AA Signature: Name: —,,,,;;( / 7 i r� Name: MARY AN MOORE Title: / iii Title: ATTORNEY IN FACT Email Address: (iICker !'' ap . � Email Address: mmoore@s-gins.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 7-8-2014 MERCFIANIS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, Aaron J Endris; Cathleen Hayles; Danielle Harris; Kerry M McIntosh; Mary Ellen Moore; Rene' Goforth; Steve Addkison; Tami J Duncan; Tricia Balolong their true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds,undertakings and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: SEVEN MILLION FIVE HUNDRED THOUSAND($7,500,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 17th day of September , 2015 . '. 44444"' '•G •' MERCHANTS BONDING COMPANY(MUTUAL) •,.�''�,,,}�tOtt;1L''•,'. .', '.....P ,,•• MERCHANTS NATIONAL BONDING,INC. • • .t s 2Cv3 • _ �Q. 1933 J; j :• •yJ. BY 47‘-, ..... STATE OF IOWA .• ' +'•* ++` ••• COUNTY OF Dallas ss. . President On this 17th day of September , 2015 , before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. WENDY WOODY Commission Number 784654 z °' '" My Commission Expires • i June 20, 2017 Notary Pun , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 30 day of SEPTEMBER, 2015 . ,,�,,,�• ANG Cp,�• ,••�y..�talaRq � �.v0 g9�9y�• • ` —0- `ti V = ••Z' -O v• : Secretary _ = 2003 ;a• 1933 e: POA 0014 (6/15) "."""'+"*+.*+, MERCHANTS BONDING COMPANY,. MERCHANTS BONDING COMPANY(MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual) toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (2/15) pQ U O w a LA LA iLA LA LA LA LA LA LA L.11 w a L L 00 6113 PERFORMANCE BOND BOND NO. Contractor as Principal Surety Name: Haeber Roofing Company Name: Mailing address(principal place of business): Mailing address(principal place of business): 2833 Holly Road Corpus Christi,TX 78415 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 Proi.No. E15183 HEB Tennis Ctr Bldgs A,B and C Repairs Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: September 14,2015 Address: Contract Price: 5130.264.35 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 L L Performance Bond 00 61 13-1 Corpus Christi Standards—Large JOC 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 Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) L L L END OF SECTION L L L Performance Bond 00 61 13-2 Corpus Christi Standards—Large JOC 7-8-2014 0 1111140 LA LA LA LAI LA LA L LAI LA LA LA LAI LA L 00 6113 PERFORMANCE BOND BOND NO. Contractor as Principal Surety Name: Haeber Roofing Company Name: Mailing address(principal place of business): Mailing address(principal place of business): 2833 Holly Road Corpus Christi,TX 78415 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 Proi.No.E151.83 HEB Tennis Ctr Bldgs A,B and C Repairs Telephone(for notice of claim): Local Agent for Surety Name: Award Date of the Contract: September 14,2015 Address: Contract Price: $130,264.35 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 I L L Performance Bond 00 61 13-1 Corpus 0hrist!Standards--Large !CC 7-8-2014 C C C C C L C C C � DISCLOSURE STATEMENT t L L L L 1..;:a CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of rt CanusCity of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. III If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Haeber Roofing Company P.O.130X: STREET ADDRESS: 2833 Holly Road CITY: Corpus Christi ZIP: 78415 FIRM IS: I. Corporation ® 2. Partnership 8 3. Sole Owner 0 4. Association 5. Other LllISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) LN/A L 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 L L 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N/A L 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A ATTACHMENT"B" Page 1 of 2 r 1 lb 18 L L L L FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: S a on R cker Title: President (Type or Print) Signature of Certifying Person: �/• r Date: �.1/�W 11/21/2014 DEFINITI NS 6 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship,as self-employed person, partnership,corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. ATTACHMENT"B" Page 2 of 2 2 19 it • .eco CERTIFICATE OF LIABILITY INSURANCE DATE M/DD/YYYY) 4/27/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME:ACT Renee Terrell Swantner&Gordon Insurance Agency PHONE 361-561-4237 FAX 3 A Higginbotham Company (A/c,No,Ext): aac.Not: 61-844-0101 P.O. Box 870 ADDRESS:rterrell@s-gins.com Corpus Christi TX 78403-0870 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Southern Insurance Company 19216 INSURED HAEBE1 INSURER B:Continental Casualty Company 20443 Haeber Roofing Company INSURER C:Valley Forge Insurance Company 20508 2833 Holly Rd INSURER D:American Casualty Co of Reading PA 20427 Corpus Christi TX 78415 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1470917149 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER ,(MM/DD/YYYY) (MM/DD/YYYY) LIMITS B x COMMERCIAL GENERAL LIABILITY C6017022425 5/1/2015 5/1/2016 EACH OCCURRENCE $1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X 'EC LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY C6017022442 5/1/2015 5/1/2016 (Ea Dj SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALLOSVNED SCHEDULED BODILY INJURY(Per accident) $ AUTX HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ B X UMBRELLA LIAB X OCCUR C6017022456 5/1/2015 5/1/2016 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10,000 $ D WORKERS COMPENSATION WC6017022473 5/1/2015 5/1/2016PER ERH- AND EMPLOYERS'LIABILITY X STATUTE ER YN ANY PROPRIETOR/PARTNER/EXECUTIVE NN/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Installation Floater CIM551638403 5/1/2015 5/1/2016 Limit $1,000,000 Ded $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) See attached addendum for additional policy provisions and coverage information. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 9277 Corpus Christi TX 78469-9277 AUTHORIZED REPRESENTATIVE 91. 41461 rr ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD • AGENCY CUSTOMER ID: HAEBE1 LOC#: ACGREP ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Swantner&Gordon Insurance Agency Haeber Roofing Company POLICY NUMBER 2833 Holly Rd Corpus Christi TX 78415 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Contractor's General Liability Extension Endorsement G-18652-J 07/12). The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. (Blanket Additional Insured-Owners, Lessees or Contractors-With Products-Completed Operations Coverage-Form G-140331-D 01/13). The General Liability policy includes a primary&non-contributory provision only when there is a written contract between the insured and certificate holder that requires such provision. (Contractor's General Liability Extension Endorsement G-18652-J 07/12). The Auto Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Contractors Extended BA Plus Coverage Endorsement-Form CNA63359XX 04/12). The Auto Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. (Contractors Extended BA Plus Coverage Endorsement-Form CNA63359XX 04/12). The Workers'Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Texas Waiver of Our Right to Recover from Others Endorsement-Form WC 42 03 04 B 06/14). The Umbrella policy follows the terms,definitions, conditions&exclusions of the Scheduled Underlying General Liability,Auto Liability and Employers Liability Insurance. (Commercial Umbrella Plus Coverage Part-Form G15057C 06/05). The Workers'Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. (Texas Notice of Material Change Endorsement-Form WC 42 06 01 07/84). The General Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. (Texas Changes-Amendment of Cancellation Provisions or Coverage Change-Form CG 02 05 12/04). The Auto policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. (Texas Cancellation Provision or Coverage Change Endorsement-Form G300660A 06/08). RE: RFP No.2014-07 Agreement for Job Order Contracting(JOC)for Minor Construction, Repair, Rehabilitation&Alteration of Facilities ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • CNA CONTRACTORS'GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds Seven additional insured extensions. 2. Bodily Injury—Expanded Definition 3. Broad Knowledge of Occurrence/Notice of Occurrence 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To"Your Product"And"Your Work" Limit:$100,000. 6. Contractual Liability—Railroads Expanded definition of"insured contract". 7. Contractual Liability For Personal And Advertising Injury 8. Electronic Data Liability Loss of Electronic Data Limit:$100,000. 9. Expanded Personal And Advertising Injury-Discrimination Or Humiliation 10. Expected Or Intended Injury Reasonable force—"bodily injury"or"property damage". 11. General Aggregate Limits Of Insurance-Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies Coverage for your interest In such terminated or ended organizations. 15. Legal Liability/Alienated Premises/Borrowed Equipment Coverage Extended perils. Default limit increased to$500,000 for Damage to Premises Rented To You. $25,000 limit for"property damage"to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension 18. Medical Payments Limits increased to$15,000. Reporting increased to three years from the date of accident. 19. Non-owned Aircraft Coverage 20. Non-owned Watercraft Increased to 75 feet. 21. Primary And Non-Contributory To Other Insurance 22. Property Damage-Elevators 23. Supplementary Payments Cost of bail bonds increased to$5,000. Daily loss of earnings increased to$1,000. Unintentional Failure To Disclose.Hazards 25. Waiver of Subrogation-Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap-Up Extension G-18652-J (Ed 07/12) Policy No: C6017022425 Page 1 Endorsement No: Effective Date: 05/01/15 insured Name:Haeber Roofing Company ©CNA All Rights Reserved. CNA 1. ADDITIONAL INSURED SECTION Il—WHO IS AN INSURED is amended to include as an insured any person or organization(called additional insured)described in paragraphs A.through G. below whom you are required to add as an additional insured on this policy under a written contract or written agreement, provided the written contract or written • agreement: currently in effect or becomes effective during the term of this policy; and ii._Was executed prior to the"bodily injury," "property damage"or"personal injury and advertising injury"for which the additional insured seeks coverage. However,we will not provide the additional Insured any broader coverage or any higher limit of insurance than the least that is: a. The maximum permitted by law; b. Required in the written contract or written agreement; c. Afforded to you under this policy;or d. Described in the applicable paragraphs A. through E. below. A. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This Insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owner's liability as co-owner of such premises. C. Lessor-Equipment 1. Any person or organization from whom you lease equipment, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. 2. With respect to the insurance afforded to these additional insureds,this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. D. Lessor-Land An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership,maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any"occurrence"which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. E. Lessor-Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This Insurance does not apply to: G-18652-J (Ed 07/12) Policy No: Page 2 Endorsement No: Effective Date: Insured Name: 0 CNA All Rights Reserved. SNA 1. Any"occurrence"which takes place after you cease to be a tenant in that premises; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. F. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners, or decorations and similar exposures;or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 3. This insurance does not apply to: a. "Bodily injury", "property damage"or"personal and advertising injury"arising out of operations performed for the federal government,state or municipality;or b. "Bodily injury"or"property damage" included within the"products-completed operations hazard". A governmental permit which requires you to add the governmental entity as an additional insured will trigger this Provision 1. as if the permit were a written contract. 2. BODILY INJURY—EXPANDED DEFINITION SECTION V—DEFINITIONS,the definition of"bodily injury"is changed to read: "Bodily injury"means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 3. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Condition 2. Duties in The Event of Occurrence, Offense, Claim or Suit of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an "occurrence", offense,claim, or"suit"only when the"occurrence", offense, claim or"suit"is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or G-18652-J (Ed 07/12) Policy No: Page 3 Endorsement No: Effective Date: Insured Name: ®CNA M Rights Reserved. W (4) A manager, if you are a limited liability company. B. NOTICE OF OCCURRENCE Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an"occurrence", offense, claim or"suit"and that failure is solely due to your reasonable belief that the"bodily injury"or "property damage"is not covered under this Coverage Part. However, you shall give written notice of this "occurrence", offense, claim or"suit"to us as soon as you are aware that this insurance may apply to such • "occurrence", offense claim or"suit". 4. BROAD NAMED INSURED A. Any subsidiary or affiliate organization,other than a partnership,joint venture or limited liability company, in which a Named Insured specifically shown in the Declarations has management control, directly or through one or more subsidiary organizations, at the time of loss will qualify as a Named Insured but only if there is no other similar Insurance available to such organization, nor similar insurance which would be available but for exhaustion of its limits. For the purpose of this provision, similar insurance means general liability or equivalent insurance, no matter whether its coverage is broader or narrower than that provided by this insurance. But If the only other similar insurance is for a"consolidated (wrap-up)program", then a subsidiary that qualifies as a Named Insured on such project-specific insurance can still qualify as a Named Insured on this insurance, but not for projects covered by the"consolidated(wrap-up) program". [Please see Item 26.C.of this endorsement for the definition of"consolidated (wrap-up) program".] B. This endorsement does not apply to any organization for which coverage is excluded by another endorsement attached to this policy. C. Only for the purpose of this endorsement: 1. Management control means: a. Ownership interest representing more than 50%of the voting, appointment, or designation power for the subsidiary organization's governing body;or b. Having the right, pursuant to a written contract, or pursuant to the by-laws, charter,operating agreement,or similar document of a specifically shown Named Insured or controlled subsidiary organization to select,appoint, or designate a majority of the subsidiary organization's governing body. Such contract or document must have been created prior to the time of loss; or c. Having the right, pursuant to a written trust agreement,to protect, control the use of, encumber or transfer and sell property held by a trust. 2. Governing body means the Board of Directors of a corporation. 3. Loss means: a. The occurring of the"bodily injury"or"property damage"; or b. The committing of the offense that caused the"personal and advertising injury". D. The insurance provided by this policy applies to Named Insureds when trading under their own names, or under such trading names or doing-business-as(DBA)names as any should choose to employ. 5. BROADENED LIABILITY COVERAGE FOR DAMAGE TO"YOUR PRODUCT"AND "YOUR WORK" A. Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and I. and replace them with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage'to"your product"arising out of it, or any part of it except when caused by or resulting from: (1) Fire; G-18652-J (Ed 07/12) Policy No: Page 4 Endorsement No: Effective Date: Insured Name: ®CNA All Rights Reserved. CNA (2) Smoke; (3) Collapse; or (4) Explosion. I. Damage to Your Work "Property damage"to"your work"arising out of it, or any part of it and included in the"products- completed operations hazard". This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor;or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) Collapse; or (d) Explosion. B. The following paragraph is added to SECTION III--LIMITS OF INSURANCE: Subject to 5. above, $100,000 Is the most we will pay under Coverage A for the sum of damages arising out of any one"occurrence" because of"property damage"to"your product"and"your work"that is caused by fire,smoke, collapse or explosion and is included within the"product-completed operations hazard". This sublimit does not apply to"property damage"to"your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. C. This Provision 5. Broadened Liability Coverage For Damage To"Your Product"And"Your Work"does not apply if an endorsement of the same name is attached to this policy. 6. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of"insured contract"in SECTION V— DEFINITIONS is replaced by the following: "Insured Contract"means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business(including an indemnification of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for"bodily injury"or"property damage"to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications;or G-18652-J (Ed 07/12) Policy No: Page 5 Endorsement No: Effective Date: Insured Name: 0 CNA All Rights Reserved. • SNA (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, If an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1)above and supervisory, inspection, architectural or engineering activities. 7. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Under SECTION I-COVERAGE B-PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion e. Contractual Liability. This provision 7.does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 8. ELECTRONIC DATA LIABILITY A. Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: [This insurance does not apply to:] p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate"electronic data"that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of"bodily injury". B. The following paragraph is added to SECTION III—LIMITS OF INSURANCE: Subject to 5.above, $100,000 is the most we will pay under Coverage A for all damages arising out of any one"occurrence" because of"property damage"that results from physical injury to tangible property and arises out of"electronic data". C. The following definition is added to the SECTION V—DEFINITIONS: "Electronic data" means information,facts or programs stored as or on, created or used on, or transmitted to or from computer software(including systems and applications software), hard or floppy disks,CD-ROMS, tapes,drives,cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purposes of the coverage provided by this endorsement,the definition of"property damage"in SECTION V—DEFINITIONS Is replaced by the following: 17. "Property damage"means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the"occurrence"that caused it;or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data"shall be deemed to occur at the time of the"occurrence"that caused it. For the purposes of this insurance, "electronic data" is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the$100,000 limit provided by this Provision 8. Electronic Data Liability is part of, and not in addition to, that higher limit. 9. EXPANDED PERSONAL AND ADVERTISING INJURY-DISCRIMINATION OR HUMILIATION A. SECTION V—DEFINITIONS is amended to add the following to the definition of"Personal and advertising injury": G-18652-J (Ed 07/12) Policy No: Page 6 Endorsement No: Effective Date: Insured Name: ©CNA All Rights Reserved. h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any"executive officer", director, stockholder, partner, member or manager(if you are a limited liability company)of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Under SECTION I—COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to add the following additional exclusions: [This insurance does not apply to:] Discrimination Relating To Room, Dwelling or Premises "Personal or advertising injury"caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. This provision 9. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 10. EXPECTED OR INTENDED INJURY Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion a. Expected or Intended Injury and replace it with the following: [This insurance does not apply to:] a. Expected or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the Insured.This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER PROJECT A. For each construction project away from premises you own or rent, a separate Construction Project General Aggregate Limit,equal to the amount of the General Aggregate Limit, is the most we will pay for the sum of: 1.All damages under Coverage A, except damages because of"bodily injury"or"property damage" included in the"products-completed operations hazard"; and 2.All medical expenses under Coverage C, that arise from "occurrences"or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project Aggregate Limit of any other construction project. B.AII: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by"occurrences"which cannot be attributed solely to ongoing operations at a single construction project, except damages because of"bodily injury"or"property damage" included in the"products-completed operations hazard";and G-18652-J(Ed 07/12) Policy No: Page 7 Endorsement No: Effective Date: insured Name: ®CNA M Rights Reserved. CNA 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project Aggregate Limit or the General Aggregate Limit, depending on whether the"occurrence"can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the"products-completed operations hazard"is provided, any payments for damages because of"bodily injury"or"property damage" included in the"products-completed operations hazard", regardless of the number of locations involved will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. E. If a single construction project away from premises owned by or rented to the insured has been abandoned and then restarted,or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of SECTION III—LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS Any action in rem against any vessel owned or operated by or for you, or chartered by or for you will be treated in the same manner as though the action were in personam against you. In rem is a term used to designate actions instituted against the thing, as distinct from actions against the person,which are said to be in personam. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE A. With respect only to"bodily injury"that arises out of a"health care incident", COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY OF SECTION I—COVERAGES is amended to replace Insuring Agreement Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to"bodily injury"only if you are not in the business of providing professional health care services, and only if: (1) The"bodily injury" is caused by an"occurrence"that takes place In the"coverage territory." For the purpose of this insurance: (a) "Bodily injury"caused by a"health care incident"will be considered caused by an "occurrence"; and (b) All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single "occurrence"; (2) The"bodily injury"occurs during the policy period. All "bodily injury"arising from an "occurrence"will be deemed to have occurred at the time of the first act, error, or omission that is part of the"occurrence"; and B. With respect only to the insurance provided by this Provision 13., Exclusion 2.e. Employer's Liability of SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE, is amended to append the following: Only for"bodily injury" not covered by other liability insurance(including state-sanctioned self insurance) available to the insured (or which would be available but for exhaustion of its limits), this exclusion does not apply to"bodily injury"that arises out of a"health care incident". C. SECTION V—DEFINITIONS is amended to add the following new definition: "Health care incident" means a negligent act, error or omission by your"employees"or"volunteer workers"working on your behalf in the rendering of or failure to render professional health care services G-18652-J(Ed 07/12) Policy No: Page 8 Endorsement No: Effective Date: Insured Name: ©CNA All Rights Reserved. CNA in any of the following capacities, or the related furnishing of food, beverages, medical supplies or appliances: a. Physician; b. Nurse; c. Emergency medical technician; d. Paramedic; e. Chiropractor; f. Dentist; g. Athletic trainer; h. Audiologist; i. Physical therapist; j. Psychologist; - k. Speech therapist; I. Other allied health professional; or m. Provider of first aid or Good Samaritan services rendered in an emergency and for which no payment is demanded or received. D. SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to add the following additional exclusions.These new exclusions apply only to this Incidental Health Care Malpractice Coverage: [This insurance does not apply to:] Dishonesty or Crime Any dishonest, criminal or malicious act, error or omission. Clinical Trials/Product Testing Acts,errors or omissions that occur in the course of human clinical trials or product testing. Medicare/Medicaid Fraud Medicare or Medicaid fraud or abuse. Services Excluded by Endorsement Any"health care incident"for which coverage is excluded by endorsement. E. SECTION V—DEFINITIONS is amended to add the following subparagraph to Paragraph f. of the definition of"insured contract": Paragraph f. does not include that part of any contract or agreement: (4) Under which you assume another's tort liability for"bodily injury"arising out of the rendering of or failure to render professional health care services. F. SECTION II—WHO IS AN INSURED is amended to add the following provisions: 1. Your"employees"are insureds with respect to: a. "bodily injury"to a co-"employee"while in the course of the co-"employee's"employment by you or while performing duties related to the conduct of your business; and b. "bodily injury"to a"volunteer worker"while performing duties related to the conduct of your business; when such"bodily injury" arises out of a"health care Incident". _ G-18652-J(Ed 07/12) Policy No: Page 9 Endorsement No: Effective Date: Insured Name: ©CNA All Rights Reserved. CNA 2. Your"volunteer workers"are insureds with respect to: a. "bodily injury"to a co"volunteer worker"while performing duties related to the conduct of your business; and b. "bodily injury"to an"employee"while in the course of the"employee's"employment by you or while performing duties related to the conduct of your business; when such"bodily injury"arises out of a"health care incident". 3. Paragraphs 2.a. (1)(a), (b)and (c)of SECTION II—WHO IS AN INSURED do not apply to"bodily injury" for which insurance is provided this Provision 13. 4. Paragraph 2.a.(1)(d)of SECTION II—WHO IS AN INSURED is deleted. G. With respect to the insurance provided by this Provision 13., the following is added to Paragraph 4.b.(1)of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: To the extent this insurance applies, it is excess over any of the other insurance(including qualified self insurance),whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. 14. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES A. The following Is added to SECTION II—WHO IS AN INSURED: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period,but only to the extent of your interest in such joint venture, partnership or limited liability company.This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; b. If there is other valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company; or c. To a joint venture, partnership or limited liability company which is or was insured under a "consolidated (wrap-up)insurance program". [Please see Item 26.C.of this endorsement for the definition of"consolidated(wrap-up) program".] B. The last paragraph of SECTION II—WHO IS AN INSURED is deleted and replaced by the following: Except as provided under the Contractors'General Liability Extension Endorsement or by the attachment of another endorsement(if any), no person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 15. LEGAL LIABILITY/ALIENATED PREMISES/BORROWED EQUIPMENT A. Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: [This insurance does not apply to:] j. Damage to Property "Property damage"to: (1) Property you own, rent,or occupy; (2) Premises you sell, give away or abandon, if the"property damage"arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; G-18652-J (Ed 07/12) Policy No: Page 10 Endorsement No: Effective Date: Insured Name: 0 CNA All Rights Reserved. CNA (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the"property damage"arises out of those operations;or (6) That particular part of any property that must be restored, repaired or replaced because"your work"was incorrectly performed on it. Paragraph(2)of this exclusion does not apply if the premises are"your work". Paragraphs(3)and (4)of this exclusion do not apply to"property damage"to tools or equipment loaned to you. A separate limit of insurance applies to such tools or equipment that are damaged while being used in your operations. Paragraphs(1),(3) and(4) of this exclusion do not apply to"property damage"(other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III—LIMITS OF INSURANCE. Paragraphs(3), (4), (5)and (6)of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph(6)of this exclusion does not apply to"property damage"Included in the"products-completed operations hazard". B. Under SECTION I--COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE the last paragraph of Paragraph 2. Exclusions is deleted and replaced by the following. Exclusions c.through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in SECTION III—LIMITS OF INSURANCE. C. The following paragraph is added to SECTION III—LIMITS OF INSURANCE: Subject to 5.above, $25,000 is the most we will pay under Coverage A for damages arising out of any one "occurrence"because of"property damage"to tools or equipment loaned to you by others that occurs while the equipment is being used to perform operations. D. Paragraph 6. Damage To Premises Rented To You Limit of SECTION Ill—LIMITS OF INSURANCE is replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most we will pay under SECTION—I—COVERAGE A for damages because of"property damage"to any one premises while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a. $500,000;or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(II)of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (ii) That is property insurance for premises rented to you,for premises temporarily occupied by you with the permission of the owner; or for personal property of others in your care,custody or control; F. This Provision 15. does not apply if Damage To Premises Rented To You Liability under SECTION—I— COVERAGE A is excluded by endorsement. G-18652-J(Ed 07/12) Policy No: Page 11 Endorsement No: Effective Date: Insured Name: ©CNA All Rights Reserved. • CNA 16. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy will automatically provide the additional coverage as of the date the revision is effective in your state. 17. LIQUOR LIABILITY Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion c. Liquor Liability. This provision 17. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 18. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit,of SECTION III—LIMITS OF INSURANCE is deleted and replaced by the following: 7. Subject to Paragraph 5.above(the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under SECTION—I—COVERAGE C for all medical expenses because of"bodily injury" sustained by any one person.The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. Paragraph 1.a.(3)(b)of SECTION I—COVERAGE C MEDICAL PAYMENTS, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident;and This paragraph B. does not apply to medical expenses incurred in the state of Missouri. 19. NON-OWNED AIRCRAFT Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Paragraph 2. Exclusions is amended such that exclusion g.Aircraft,Auto or Watercraft does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. The aircraft is rented to you with a trained, paid crew; and 3. The aircraft does not transport persons or cargo for a charge. 20. NON-OWNED WATERCRAFT Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete subparagraph (2)of exclusion g. Aircraft,Auto or Watercraft and replace it with the following. [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long;and (b) Not being used to carry persons or property for a charge. 21. PRIMARY AND NON-CONTRIBUTORY TO OTHER INSURANCE With respect to any person or organization that is an additional insured under this Coverage Part,the following is added to Paragraph 4.of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: If you have agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary and we will not seek contribution G-18652-J (Ed 07112) Policy No: Page 12 Endorsement No: Effective Date: Insured Name: PCNA All Rights Reserved. CNA from that other insurance. For the purpose of this Provision 21., the additional insured's own insurance means insurance on which the additional insured is a Named Insured. This Provision 21. does not apply in situations where the endorsement on this policy affording coverage to the additional insured specifies that this insurance is excess over any other insurance available to that additional insured. 22. PROPERTY DAMAGE—ELEVATORS A. Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended such that exclusion k.Damage to Your Product, and subparagraph(3), (4)and(6) of exclusion j. Damage to Property do not apply"property damage"that results from the use of elevators. B.With respect only to the coverage provided by this endorsement,Condition 4. Other Insurance in SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph b.(1)(a)(v): 4. Other Insurance b. Excess Insurance (1)Tiiis insurance is excess over: (a)Any of the other insurance, whether primary, excess,contingent or on any other basis: (v)That is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS A. Under Section I-Supplementary Payments--Coverages A and B, Paragraph 1.b., the limit of$250 shown for the cost of bail bonds is replaced by$5,000: B. In Paragraph 1.d.,the limit of$250 shown for daily loss of earnings is replaced by$1,000. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS if unintentionally you should fail to disclose all existing hazards at the inception date of your policy,we will not deny coverage under this Coverage Part because of such failure. °WAIVER OF SUBGROGATION -BLANKET Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the"products-completed operations hazard". However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy;and 2. Was executed prior to loss. 26. WRAP-UP EXTENSION: OWNER CONTROLLED INSURANCE PROGRAM,CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED(WRAP-UP) INSURANCE PROGRAMS Note:The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a"consolidated(wrap- up)insurance program" by applicable state statute or regulation: G-18652-J (Ed 07/12) Policy No: Page 13 Endorsement No: Effective Date: Insured Name: 0 CNA All Rights Reserved. CNA If the endorsement EXCLUSION—CONSTRUCTION WRAP-UP or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs(O.C.I.P.)or Contractor Controlled Insurance Programs (C.C.I.P.) is attached to this policy, then the following changes apply: A. The following wording is added to the endorsement: With respect to a"consolidated (wrap-up)insurance program" project in which you are or were involved,this exclusion does not apply to those sums you become legally obligated to pay as damages because of: 1. "Bodily injury", "property damage", or"personal or advertising injury"that occurs during your ongoing operations at the project, or during such operations of anyone acting on your behalf; nor 2. "Bodily injury"or"property damage"included within the"products-completed operations hazard"that arises out of those portions of the project that are not"residential structures". B. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph 4.b.(1)(c)to Condition 4. Other Insurance: [This insurance is excess over:] (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a"consolidated(wrap-up)insurance program", but only as respects your involvement in that"consolidated (wrap-up)insurance program". C. SECTION V—DEFINITIONS is amended to add the following definition: "Consolidated(wrap-up) insurance program"means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.). "Residential structure"means any structure where 30%or more of the square foot area is used or is intended to be used for human residency including but not limited to single or multifamily housing, apartments, condominiums,townhouses, co-operatives or planned unit developments and also Includes their common areas and/or appurtenant structures(including pools, hot tubs, detached garages,guest houses or any similar structures).When there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels, or motels. Residential structure also does not include hospitals or prisons. This provision 26.does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Material used with permission of ISO Properties, Inc G-18652-J(Ed 07/12) Policy No: Page 14 Endorsement No: Effective Date: Insured Name: ®CNA All Rights Reserved. • CNA BLANKET ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS— WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract"per Paragraph A. below.) Locations of Covered Operations (As per the"written contract", provided the location is within the"coverage territory" of this Coverage Part) A. Section II-Who Is An Insured is amended to include as an additional insured: 1.Any person or organization whom you are required by"written contract"to add as an additional insured on this Coverage Part;and 2.The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for"bodily injury", "property damage", or°personal and advertising injury"caused in whole or in part by: a. Your acts or omissions,or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the"written contract";or b. "Your work"that is specified in the"written contract"but only for"bodily injury"or"property damage" included in the"products-completed operations hazard", and only if: (1)The"written contract"requires you to provide the additional Insured such coverage; and (2)This Coverage Part provides such coverage. 2. If the'written contract"specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010(aka CG 20 10 10 01), or via the 10/01 edition of CG2037(aka CG 20 37 10 01), or via the 11/85 edition of CG2010(aka CG 20 10 11 85),then in paragraph B.1. above,the words'caused in whole or in part by'are replaced by the words'arising out of. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the"written contract"; c. That described in B.1.above; or d. That afforded to you under this policy, whichever is less. G-140331-D(Ed.01/13) Policy No: C6017022425 Page 1 Endorsement No: Effective Date: 05/01/15 Insured Name: Haeber Roofing Company ©CNA All Rights Reserved. CNA 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance(Section IV),this insurance Is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the"written contract"to be primary and non-contributory,this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to"bodily injury", "property damage", or "personal and advertising injury"arising out of: a. The rendering of,or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings,opinions, reports, surveys, field orders, change orders or drawings and specifications;and (2) Supervisory, inspection, architectural or engineering activities;or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense,Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence"or an offense which may result in a claim or"suit"under this insurance, and of any claim or"suit"that does result; (2) Except as provided in Paragraph B.4.of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or"suit; and (4) Tender the defense and indemnity of any claim or"suit"to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But If the"written contract" requires this insurance to be primary and non-contributory, this provision(4)does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or Indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit". D. Only for the purpose of the insurance provided by this endorsement, SECTION V—DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2.Was executed prior to: a.The"bodily injury"or"property damage"; or b The offense that caused the"personal and advertising injury", for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Material used with permission of ISO Properties, Inc G-140331-D(Ed.01/13) Policy No: • Page 2 Endorsement No: Effective Date: Insured Name: • ©CNA All Rights Reserved. Haeber Roofing Company Policy: C6017022442 CNA63359XX CNA Effective Date:05/01/15 (Ed.04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE name, with your permission, while performing duties related to the conduct of your business. A. Who Is An Insured "Policy," as used in this provision A. Who Is An The following is added to Section II, Paragraph Insured, includes those policies that were in force A.1.,Who Is An Insured: on the inception date of this Coverage Form but: 1. a. Any incorporated entity of which the 1. Which are no longer in force; or Named Insured owns a majority of the 2. Whose limits have been exhausted. voting stock on the date of inception of this Coverage Form; provided that, B. Bail Bonds and Loss of Earnings b. The insurance afforded by this provision Section II, Paragraphs A.2. (2) and A.2. (4) are A.1. does not apply to any such entity revised as follows: that is an "insured" under any other liability"policy"providing"auto"coverage. 1. In a.(2), the limit for the cost of bail bonds is 2. Any organization you newly acquire or form, changed from$2,000 to$5,000;and other than a limited liability company, 2. In a.(4), the limit for the loss of earnings is partnership or joint venture, and over which changed from$250 to$500 a day. you maintain majority ownership interest. C. Fellow Employee The insurance afforded by this provision A.2.: Section II, Paragraph B.5 does not apply. a. Is effective on the acquisition or formation Such coverage as is afforded by this provision C. date, and is afforded only until the end of is excess over any other collectible insurance. the policy period of this Coverage Form, or the next anniversary of its inception II. PHYSICAL DAMAGE COVERAGE date,whichever is earlier. A. Glass Breakage - Hitting A Bird Or Animal - b. Does not apply to: Falling Objects Or Missiles (1) "Bodily injury" or "property damage" The following is added to Section III, Paragraph caused by an "accident" that A.3.: occurred before you acquired or formed the organization; or With respect to any covered "auto,"any deductible shown in the Declarations will not apply to glass (2) Any such organization that is an breakage if such glass is repaired, in a manner "insured" under any other liability acceptable to us, rather than replaced. "policy"providing"auto"coverage. B. Transportation Expenses 3. Any person or organization that you are Section III, Paragraph A.4.a. is revised, with required by a written contract to name as an respect to transportation expense incurred by you, mmm additional insured is an "insured" but only withmmm to provide: respect to their legal liability for acts or omissions of a person, who qualifies as an a. $60 per day, in lieu of$20; subject to "insured" under Section II - Who Is An Insured and for whom Liability Coverage is b. $1,800 maximum, in lieu of$600. afforded under this policy. If required by C. Loss of Use Expenses written contract, this insurance will be primary and non-contributory to insurance on which Section III, Paragraph A.4.b. is revised, with EEE the additional insured is a Named Insured. respect to loss of use expenses incurred by you, to provide: 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a a. $1,000 maximum, in lieu of$600. contract or agreement in that "employee's" CNA63359XX Copyright,CNA Corporation,2000. Page 1 of 3 (Ed.04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed.04/12) D. Hired "Autos" d. A $100 per occurrence deductible applies to The following is added to Section III. Paragraph the coverage provided by this provision. A.: G. Diminution In Value 5. Hired"Autos" The following is added to Section III, Paragraph If Physical Damage coverage is provided under B.6.: this policy, and such coverage does not extend to Subject to the following, the "diminution in value" Hired Autos, then Physical Damage coverage is exclusion does not apply to: extended to: a. Any covered "auto" of the private a. Any covered "auto" you lease, hire, rent passenger type you lease, hire, rent or or borrow without a driver; and borrow, without a driver for a period of 30 b. Any covered "auto" hired or rented by days or less, while performing duties your"employee" without a driver, under a related to the conduct of your business; and contract in that individual "employee's" name, with your permission, while b. Any covered "auto" of the private performing duties related to the conduct passenger type hired or rented by your of your business. "employee"without a driver for a period of c. The most we will pay for any one 30 days or less, under a contract in that "accident" or "loss" is the actual cash individual "employee's" name, with your value, cost of repair, cost of replacement permission, while performing duties or $75,000, whichever is less, minus a related to the conduct of your business. $500 deductible for each covered auto. c. Such coverage as is provided by this No deductible applies to "loss" caused by provision is limited to a "diminution in fire or lightning. value" loss arising directly out of d. The physical damage coverage as is accidental damage and not as a result of provided by this provision is equal to the the failure to make repairs; faulty or physical damage coverage(s) provided on incomplete maintenanceor repairs; or the your owned "autos." installation of substandard parts. e. Such physical damage coverage for hired d. The most we will pay for "loss" to a "autos"will: covered "auto" in any one accident is the lesser of: (1) Include loss of use, provided it is the consequence of an "accident" for (1) $5,000; or which the Named Insured is legally (2) 20% of the "auto's" actual cash value liable, and as a result of which a (ACV). monetary loss is sustained by the III. Drive Other Car Coverage—Executive Officers leasing or rental concern. (2) Such coverage as is provided by this The following is added to Sections II and III: provision will be subject to a limit of 1. Any "auto" you don't own, hire or borrow is a $750 per"accident." covered "auto" for Liability Coverage while being E. Airbag Coverage used by, and for Physical Damage Coverage while in the care, custody or control of, any of your The following is added to Section III, Paragraph "executive officers,"except: B.3.: a. An "auto" owned by that "executive officer" or The accidental discharge of an airbag shall not be a member of that person's household;or considered mechanical breakdown. b. An "auto" used by that "executive officer" F. Electronic Equipment while working in a business of selling, Section III, Paragraphs B.4.c and B.4.d. are servicing, repairing or parking"autos." deleted and replaced by the following: Such Liability and/or Physical Damage Coverage c. Physical Damage Coverage on a covered as is afforded by this provision. "auto" also applies to "loss" to any (1) Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered"auto";and including its antennas and other accessories. CNA63359)0( Copyright,CNA Corporation,2000. Page 2 of 3 (Ed.04/12) Includes copyrighted material of the Insurance Services Office used with its permission. • CNA63359XX (Ed. 04/12) (2) Excess over any other collectible damage, against any person or organization for insurance. whom or which you are required by written 2. For purposes of this provision, "executive officer" contract or agreement to obtain this waiver from means a person holding any of the officer us. positions created by your charter, constitution, by- This injury or damage must arise out of your laws or any other similar governing document, activities under a contract with that person or and, while a resident of the same household, organization. includes that person's spouse. You must agree to that requirement prior to an Such "executive officers" are "insureds" while "accident"or"loss." using a covered"auto"described in this provision. C. Concealment, Misrepresentation or Fraud IV. BUSINESS AUTO CONDITIONS The following is added to Section IV, Paragraph A. Duties In The Event Of Accident, Claim,Suit Or B.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section IV, Paragraph of inception of this Coverage Form shall not prejudice A.2.a.: you with respect to the coverage afforded provided (4) Your "employees" may know of an such failure or omission is not intentional. "accident" or "loss." This will not mean D. Other Insurance that you have such knowledge, unless The following is added to Section IV, Paragraph such "accident" or "loss" is known to you or if you are not an individual, to any of B.5.: your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a. insurance manager. and 5.d. above, the coverage provided by this The following is added to Section IV, Paragraph policy shall be on a primary non-contributory A.2.b.: basis. This provision is applicable only when required by a written contract. That written (6) Your "employees" may know of contract must have been entered into prior to documents received concerning a claim "Accident"or"Loss." or"suit."This will not mean that you have E. Policy Period,Coverage Territory such knowledge, unless receipt of such documents is known to you or if you are Section IV, Paragraph B. 7.(5).(a). is revised to not an individual, to any of your executive provide: officers or partners or your insurance manager. a. 45 days of coverage in lieu of 30 days. B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS To Us Section V. Paragraph C. is deleted and replaced by the followin The following is added to Section IV, Paragraph g A.5. Transfer Of Rights Of Recovery Against "Bodily injury"means bodily injury,sickness or disease Others To Us: sustained by a person, including mental anguish, We waive any right of recovery we may have, mental injury or death resulting from any of these. because of payments we make for injury or CNA63359XX Copyright,CNA Corporation,2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POUCY WC 4206 01 (Ed.7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas Is shown In Item 3.A. of the Information Page, In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named In the Schedule.The number of days advance notice is shown In the Schedule. This endorsement shall not operate directly or Indirectly to benefit anyone not named In the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: 30 DAY NOTICE OF CANCELLATION APPLIES TO ALL ENTITIES ON LIST MAINTAINED ON FILE BY COMPANY. 8 e 111111 srs� ss= I ■.e mum This endorsement changes the policy to which It is attached and is affective on the date Issued unless otherwise stated. (The Information below is required only when this endorsement Is issued subsequent to preparation of the poky.) Endorsement Effective 05/01/15 Potoy No. W C 6 017 0 2 2 4 7 3 Endorsement No. elm�.. Inerred Haeber Roofing Company PremNrnS NEB iga Insurance Company Countersigned by WC 420601 (Ed.7-84) • Haeber Roofing Company POLICY NUMBER: C6 017 0 2 2 4 2 5 COMMERCIAL GENERAL LIABILITY Effective Date: 05/01/15 CG02051204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: 'Per schedule on file ' 2. Address: Cancellation notification to the above entities will not apply to cancellation for non payment of premium o 3. Number of days advance notice:03 0 Information required 10 complete this Schedule,if not shown above,will be shown In the Declarations. mos MEM El CO 02 0512 04 Copyright,ISO Properties, Inc.,2003 Page 1 of 1 • CNA G-300660-A (Ed.06/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES- NOTICE OF CANCELLATION OR MATERIAL CHANGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective 05/01/15 Policy Number 06017022442 Named insured Haeber Roofing Company Countersigned by (Authorized Representative) In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part,we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1.Number of days advance notice: 30 cl 1 2.Name: 30 DAY NOTICE OF CANCELLATION APPLIES 3.Address: TO PER LIST MAINTAINED ON FILE BY COMPANY 0 E= M ZEE ma= M NM WM NM I mss 11111110 G-300860-A Page 1 of 1 (Ed.06/08)