CONTRACT DOCUMENTS

AND

TECHNICAL SPECIFICATIONS

FOR

ARANSAS PASS AQUATIC CENTER

BOARDWALK REPLACEMENT

FOR

1305 N. SHORELINE BLVD. SUITE 205

CORPUS CHRISTI, TEXAS 78401

PREPARED BY:

OCTOBER 2025

FRN – F-1386 / MARINE FACILITIES

1904 W GRAND PARKWAY N, SUITE 100

KATY, TEXAS 77449

WWW.LJA.COM

http://www.lja.com/

TABLE OF CONTENTS

1. NOTICE TO BIDDERS

2. NOTICE TO CONTRACTORS – A: INSURANCE REQUIREMENTS

3. NOTICE TO CONTRACTORS – B: WORKERS’ COMPENSATION COVERAGE

4. PART A – GENERAL PROVISIONS AND REQUIREMENTS

5. PART B – SPECIAL PROVISIONS AND REQUIREMENTS

6. PART C – BIDDING PROVISIONS AND REQUIREMENTS

7. PART D – SPECIAL BIDDING PROVISIONS AND REQUIREMENTS

8. CONTRACTOR’S FINAL PAYMENT AFFIDAVIT

9. CONSENT OF SURETY TO FINAL PAYMENT

10. PROPOSAL

11. QUALIFICATIONS STATEMENT

12. AGREEMENT

13. PERFORMANCE BOND

14. PAYMENT BOND

15. SPECIFICATIONS

DIVISION 01 – GENERAL REQUIREMENTS

Section 01 33 00 – Submittal Procedures

DIVISION 02 – EXISTING CONDITIONS

Section 02 41 00 – Demolition

DIVISION 06 – WOOD, PLASTICS AND COMPOSITES

Section 06 13 33 – Pier Timberwork

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

Section 07 61 14.00 20 – Steel Standing Seam Roofing

DIVISION 31 – EARTHWORK

Section 31 62 19.13 – Timber Marine Piles

16. PLANS

G-1001 COVER AND DRAWING INDEX

G-1002 GENERAL NOTES

G-1003 DEMOLITION PLAN

G-1004 LAYOUT

S-1001 FRAMING & PILING PLAN 1

S-1002 FRAMING & PILING PLAN 2

S-1003 FRAMING & PILING PLAN 3

S-1004 SECTIONS & DETAILS 1

S-1005 SECTIONS & DETAILS 2

S-1006 SECTIONS & DETAILS 3

S-1007 SECTIONS & DETAILS 4

Notice to Bidders - Page 1 of 1

NOTICE TO BIDDERS

ARANSAS PASS AQUATIC CENTER BOARDWALK REPLACEMENT

SAN PATRICIO, TEXAS

The Coastal Bend Bays & Estuaries Program, Inc. (CBBEP) will receive sealed bids for

ARANSAS PASS AQUATIC CENTER BOARDWALK REPLACEMENT, SAN PATRICIO,

TEXAS until 1:00 PM, on December 4, 2025.

The work consists of removing the existing timber boardwalk structure, including all framing members and piles, located at 400 E. Johnson Ave. in Aransas Pass, Texas. The boardwalk is for pedestrian foot traffic only. New layout will resemble the previous one, including approximate location of 10” square timber piles. The decking system consists of structural grade reinforced

HDPE framing members and reinforced polymer decking. All excavated material should be removed from the site. Vegetated areas along the boardwalk need to be protected.

A non-mandatory virtual pre-bid conference will be held at 12:00 PM on November 17, 2025.

Information on how to connect to the webinar/teleconference will be provided.

Bids may be hand delivered or delivered via FedEx or UPS to 1305 N. Shoreline, Suite 205, Corpus Christi, Texas 78401. Bids may also be submitted via email to mkramer@cbbep.org by the Bid due date. CBBEP will not be responsible for mail delays or lost mail. Bids should be addressed to the attention of Mary Baker and should include the bid opening date/time and the words, “Sealed Bid – Do Not Open” on the envelope. All bids must be received by CBBEP no later than 1:00 PM on December 4, 2025. All bids received after the deadline will be returned unopened.

Bids will be opened publicly and read aloud at 1:00 PM on December 4, 2025. Information on how to connect to the webinar/teleconference will be provided with a PDF copy of the bid documents.

All questions shall be submitted in writing via email to LJA (Bing Zhang, (bzhang@lja.com), and the deadline for questions will be 4:00 PM on December 1, 2025. All questions shall be submitted in writing via email. Questions submitted after the deadline will not be answered.

Telephone or verbal questions will not be accepted. All questions and answers will be provided as addenda that will only be posted on the solicitation site as attachments. Last addendum will be issued by 5 pm on December 3, 2025.

Bid documents will only be available via digital (PDF) from the posting website.

Notice to Contractors A-Page 1 of 2

NOTICE TO CONTRACTORS – A

INSURANCE REQUIREMENTS

A Certificate of Insurance indicating proof of coverage in the following amounts is required:

TYPE OF INSURANCE

MINIMUM INSURANCE COVERAGE

30-Day Notice of Cancellation required on all certificates

Bodily Injury and Property Damage

COMMERCIAL GENERAL LIABILITY

including:

1. Commercial Form

2. Premises - Operations

3. Explosion and Collapse Hazard

4. Underground Hazard

5. Products/ Completed Operations

6. Hazard

7. Contractual Insurance

8. Broad Form Property Damage

9. Independent Contractors

10. Personal Injury

$2,000,000 COMBINED SINGLE LIMIT

AUTOMOBILE LIABILITY—OWNED, NON-

OWNED OR RENTED

$1,000,000 COMBINED SINGLE LIMIT

WORKERS’ COMPENSATION

EMPLOYERS’ LIABILITY

TEXAS WORKERS’ COMPENSATION ACT

$100,000

EXCESS LIABILITY

$1,000,000 COMBINED SINGLE LIMIT

PROFESSIONAL POLLUTION LIABILITY/

ENVIRONMENTAL IMPAIRMENT

COVERAGE

Not limited to sudden & accidental discharge; to include long-tern environmental impact for the disposal of contaminants

$2,000,000 COMBINED SINGLE LIMIT

X REQUIRED

NOT REQUIRED

BUILDERS’ RISK

REQUIRED

X NOT REQUIRED

INSTALLATION FLOATER

$100,000 COMBINED SINGLE LIMIT

REQUIRED

X NOT REQUIRED

Notice to Contractors A-Page 2 of 2

The CBBEP 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 CBBEP with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the CBBEP other endorsements to insurance policies or coverages which are specified under Part B, Special Provisions and Requirements.

Notice to Contractors B-Page 1 of 8

NOTICE TO CONTRACTORS – B

WORKERS’ COMPENSATION COVERAGE

Texas law requires that most contractors, subcontractors, and others providing work or services for a construction project be covered by worker's compensation insurance, authorized self-insurance, or an approved worker's compensation coverage agreement.

Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries to the job site) to provide 1 of the 3 forms of worker's compensation coverage, CBBEP will require such coverage for all individuals providing work or services on this project at any time, including during the maintenance guaranty period. Motor carriers which are required to comply with Texas Transportation Code, Section 643.101 and which provide accidental insurance coverage under 43 TAC 218.16 need not provide 1 of the 3 forms of worker's compensation coverage.

The Contractor agrees to comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of which is attached and deemed incorporated into the project contract. Please note that under section 110.110:

1. Certain language shall be included in the Contractor's Contract with CBBEP and the

Contractor's contracts with subcontractors and others providing services for the project;

2. The Contractor shall submit to CBBEP, certificates of coverage for its employees and for all subcontractors and others providing services on the project. The Contractor shall obtain and submit updated certificates showing extension of coverage during the project;

and

3. The Contractor shall post the required notice at the job site.

By signing this Contract, the Contractor certifies that it will timely comply with these requirements.

Notice to Contractors B-Page 2 of 8

Texas Administrative Code

TITLE 28 INSURANCE

PART 2 TEXAS WORKERS' COMPENSATION COMMISSION

CHAPTER 110 REQUIRED NOTICES OF COVERAGE

SUBCHAPTER B EMPLOYER NOTICES

RULE §110.110 Reporting Requirements for Building or Construction Projects for

Governmental Entities

(a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined.

(1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self- insure issued by the division, or a workers' compensation coverage agreement (DWC Form-81, DWC Form- 82, DWC Form-83, or DWC Form-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project.

(2) Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1).

(3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity.

(4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44).

(5) Coverage agreement--A written agreement on DWC Form-81, DWC Form-82, DWC Form-83, or DWC Form-84, filed with the Division of Workers' Compensation which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project.

(6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity.

(7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=2&ti=28 http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=3&ti=28&pt=2 http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=28&pt=2&ch=110 http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=28&pt=2&ch=110&sch=B&rl=Y

Notice to Contractors B-Page 3 of 8 operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

(8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity.

(b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the division. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions.

(c) A governmental entity that enters into a building or construction contract on a project shall:

(1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection;

(2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section;

(3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project;

(4) obtain from the contractor a new certificate of coverage showing extension of coverage:

(A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and

(B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project;

(5) retain certificates of coverage on file for the duration of the project and for three years thereafter;

(6) provide a copy of the certificates of coverage to the division upon request and to any person entitled to them by law; and

Notice to Contractors B-Page 4 of 8

(7) use the language contained in the following figure for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation:

201505160-2.pdf

(d) A contractor shall:

(1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements;

(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project;

(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project;

(4) obtain from each person providing services on a project, and provide to the governmental entity:

(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

(6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;

(7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other division rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the division on the sample notice, without any additional words or changes:

Notice to Contractors B-Page 5 of 8

201505160-3.pdf

(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;

(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;

(E) obtain from each other person with whom it contracts, and provide to the contractor:

(i) a certificate of coverage, prior to the other person beginning work on the project; and

(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage

(F) retain all required certificates of coverage on file for the duration of the project

(G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

(H) contractually require each other person with whom it contracts, to perform as required by subparagraphs

(A) - (H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services.

(e) A person providing services on a project, other than a contractor, shall:

(1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements;

(2) provide a certificate of coverage as required by its contract to provide services on the

Notice to Contractors B-Page 6 of 8 project, prior to beginning work on the project;

(3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the division. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."

(4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project;

(5) obtain from each person providing services on a project under contract to it, and provide as required by its contract:

(A) a certificate of coverage, prior to the other person beginning work on the project; and

(B) prior to the end of the coverage period, a new certificate of coverage showing extension

(6) retain all required certificates of coverage on file for the duration of the project

(7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and

(8) contractually require each other person with whom it contracts to:

(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project;

(B) provide a certificate of coverage to it prior to that other person beginning work on the project;

(C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection;

Notice to Contractors B-Page 7 of 8

(D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract:

(i) a certificate of coverage, prior to the other person beginning work on the project; and

(ii) prior to the end of the coverage period, a new certificate of coverage showing extension ends during the duration of the contract;

(F) retain all required certificates of coverage on file for the duration of the project

(G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

(H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) - (G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services.

(f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable.

(g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid.

(h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j).

(i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996.

Notice to Contractors B-Page 8 of 8

Source Note: TEXAS ADMINISTRATIVE CODE: As in effect on 04/29/2021.

Part A-Page 1 of 38

PART A

GENERAL PROVISIONS AND REQUIREMENTS

TABLE OF CONTENTS

ARTICLE A-1 GENERAL PROVISIONS

§A-1-1 Definition of Terms §A-1-2 Precedence of Contract Documents

ARTICLE A-2 ACTIONS REQUIRED UPON EXECUTION OF CONTRACT

§A-2-1 Requirements for Contractor §A-2-2 Equal Opportunity Employer Requirements §A-2-3 Surety Bonds §A-2-4 Execution of Contract §A-2-5 Failure to Execute Contract

ARTICLE A-3 SCOPE OF WORK

§A-3-1 Intent of Plans and Specifications §A-3-2 Subsidiary Work §A-3-3 Increased or Decreased Quantities of Work §A-3-4 Alteration of Plans and Specifications §A-3-5 Value Engineering Incentive Procedures §A-3-6 Extra Work

ARTICLE A-4 CONTROL OF THE WORK AND MATERIALS

§A-4-1 Authority of the CBBEP's Engineer §A-4-2 Authority and Duty of CBBEP's Engineer's Representatives §A-4-3 Conformity with Plans §A-4-4 Existing Structures §A-4-5 Coordination of this Contract, Plans, General and Special Provisions, Specifications, Proposal, and Addendum §A-4-6 Schedule and Sequence of Construction §A-4-7 Cooperation of Contractor §A-4-8 Construction Project Layout & Control §A-4-9 Source of Supply of Materials §A-4-10 Samples, Tests, and Certification of Materials §A-4-11 "Or Equal" Clause §A-4-12 Storage of Materials §A-4-13 Removal of Defective and Unauthorized Work §A-4-14 Final Inspection §A-4-15 Warranty Inspection §A-4-16 Construction Equipment Spillage and Tracking

ARTICLE A-5 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY

Part A-Page 2 of 38

§A-5-1 Laws to be Observed §A-5-2 Permits and Fees §A-5-3 Licenses, Patented Devices, Materials, and Processes §A-5-4 Sanitary Provisions §A-5-6 Protection and Restoration of Property §A-5-7 Insurance Requirements Including Endorsements §A-5-8 Contractor's Claim for Damages §A-5-9 Public Utilities and Other Property to be Changed §A-5-10 Use of a Section or Portion of the Work §A-5-11 Separate Contracts §A-5-12 Contractor's Responsibility for the Work §A-5-13 No Waiver of Legal Right §A-5-14 Indemnification and Hold Harmless §A-5-15 Preservation of Cultural (including Archaeological) Resources, Natural Resources, and the

Environment §A-5-16 Hazardous Materials/Substances §A-5-17 Overhead Electrical Wires

§A-5-18 OSHA

ARTICLE A-6 PROSECUTION AND PROGRESS

§A-6-1 Subletting the Work §A-6-2 Assignment of Contract §A-6-3 Prosecution of the Work §A-6-4 Limitation of Operations/Maintenance of Service §A-6-5 Character of Workmen and Equipment §A-6-6 Time of Commencement and Completion §A-6-7 Extension of Time of Completion §A-6-8 Computation of Contract Time for Completion §A-6-9 Failure to Complete on Time §A-6-10 Suspension by Court Order §A-6-11 Temporary Suspension §A-6-12 Suspension of Work and Annulment of Contract §A-6-13 Contract Completion

ARTICLE A-7 MEASUREMENT AND PAYMENT

§A-7-1 Measurement of Quantities §A-7-2 Unit Price §A-7-3 Scope of Payment §A-7-4 Payment for Extra Work §A-7-5 Policy on Extra Work and Change Orders §A-7-6 Partial Estimates §A-7-7 Withholding Payment §A-7-8 Final Cleanup §A-7-9 Final Acceptance, Certificate of Occupancy, and As Built Dimensions and Drawings.37 §A-7-10 Final Payment §A-7-11 Maintenance Guaranty

Part A-Page 3 of 38

ARTICLE A-1 GENERAL PROVISIONS

§A-1-1 Definition of Terms.

Wherever the words, forms, or phrases defined in this in this contract or pronouns used in their place occur in these specifications, in the bonds, in the advertisement, or any other documents or instrument contemplated in this contract, or to which these specifications apply or may apply, the intent and meaning must be interpreted as follows:

Advertisement: All of the legal publications pertaining to the work contemplated under this contract.

Bidder: Any person, persons, partnership, company, firm, association, corporation, or joint venture acting directly or through a duly authorized representative submitting a proposal for work contemplated.

Business Day: 8:00 a.m. through 5:00 p.m., Monday through Friday.

CBBEP: The Coastal Bend Bays & Estuaries Program, Inc., Corpus Christi,Texas, a 501 (c)

(3) non-profit organization, acting by and through (a) CBBEP's governing body or (b) CBBEP's Executive Director, each of whom is required by bylaws to perform specific duties.

Responsibility for final enforcement of requirements in this contract involving the Coastal Bend Bays & Estuaries Program, Inc. is, vested in the CBBEP Executive Director.

Contract: The agreement between the Contractor and CBBEP for the construction of the project.

Contract/Bid Documents: The written contract covering the performance of the work. The contract includes the advertisement; proposal; specifications, including general and special provisions (including insurance and bonds); plans or working drawings; any supplemental changes or Contracts pertaining to the work or materials authorized under this contract;

including the requirement to meet all applicable local, State and Federal requirements.

Contract Time: The number of calendar days allowed for completion of the contract, including any authorized time extensions.

Calendar Day/Day: A calendar day/day is defined as any day shown on the calendar beginning and ending at midnight.

Contractor: The person, persons, partnership, company, firm, association, corporation, or joint venture entering into a contract with the CBBEP for the execution of the work.

General Provisions: This Parts A and C of the contract.

Maintenance Guaranty: The approved form of security furnished by the Contractor and Contractor's surety as a guarantee that Contractor will maintain the work constructed by Contractor in good condition for the period of time required. This must be in accordance with the provisions of the specifications and may be made a part of the Performance Bond.

Part A-Page 4 of 38

Payment Bond: The approved form of security furnished by the Contractor and Contractor's surety for the use and benefit of the CBBEP 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 Contractor's surety for the use and benefit of the CBBEP as a guarantee of good faith on the part of the Contractor to execute the work in strict accordance with the plans, specifications, and terms of the contract, and that the Contractor will maintain the work constructed by Contractor in good condition for the period of one year or the other period of time as may be specially provided.

Plan or Plans: All the drawings pertaining to the contract and made a part of the contract, including the supplemental drawings or addenda as the CBBEP's Engineer may issue in order to clarify other drawings or for the purpose of showing changes in the work authorized by this contract, or for showing details not shown on the initial drawings.

Proposal: The written statement or statements duly filed with the CBBEP by the person, persons, partnership, company, firm, association, corporation, or joint venture proposing to do the work contemplated, including the approved form on which the formal bids for the work are to be prepared.

Proposal Guaranty: The bid security designated in the advertisement and proposal to be furnished by each bidder as a guarantee of good faith to enter into a contract with the CBBEP and execute the required bonds for the work contemplated after the work is awarded Contractor.

Special Provisions: Parts B and D of the contract. The special clauses setting forth conditions or requirements peculiar to the specific project involved, supplementing the standard specifications, and taking precedence over any conditions or requirements of the standard specifications with which they are in conflict.

Specifications: The directions, provisions, and requirements contained in this contract, together with the special provisions supplemental to this contract, 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.

Subsidiary work: Work not specifically shown in the Proposal, but necessary for project completion. No extra payment must be made for the work.

Subcontractor: The person, persons, partnership, company, firm, association, corporation or joint venture who provides materials and/or labor to the Contractor for the project.

Successful Bidder: The person, persons, partnership, company, firm, association, corporation, or joint venture has been selected by the CBBEP to perform the work contemplated.

Sureties: The corporate bodies which are bound by the bonds as are required with and for the Contractor.

The Work: All work, including the furnishing of labor, materials, tools, equipment, and incidentals, to be performed by the Contractor under the terms of the contract.

Part A-Page 5 of 38

§A-1-2 Precedence of Contract Documents.

A. 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 project specifications, and the general provisions will be given last precedence.

B. In the event of a conflict between any of the project specifications with any other referenced specifications, such as ASTM specifications, etc., the precedence will be given to addenda, special provisions, construction plans, referenced specifications, project specifications, and general provisions, in that order.

ARTICLE A-2 ACTIONS REQUIRED UPON EXECUTION OF CONTRACT

§A-2-1 Requirements for Contractor.

A. Within five (5) business days following the CBBEP's execution of a contract with the Contractor, the Contractor must submit to the CBBEP's Engineer the following information:

1. A list of the major components of the work;

2. A list of the products to be incorporated into the Project;

3. A schedule of values which specifies estimates of the cost for each major component;

4. A schedule of anticipated monthly payments for the Project duration;

5. A list of subcontractors that will be working on the Project. (Note:

Subcontractors/suppliers must have worker’s compensation coverage and certificate must be on file with the CBBEP’s Engineer.)

a. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed Contractor's evaluation of which subcontractor will perform the work.

b. The CBBEP's Engineer retains the right to approve all subcontractors that will perform work on the Project.

c. The Contractor shall obtain written approval by the CBBEP's Engineer of all of Contractor's subcontractors prior to beginning work on the project.

d. If the CBBEP's Engineer does not approve all proposed subcontractors, CBBEP may rescind the contract award.

e. 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 CBBEP's Engineer retains the right to approve any substitute or replacement subcontractor prior to the subcontractor's participation in the Project.

f. The approval will not be given if the replacement of the subcontractor will result in an increase in the contract price.

g. Failure of the Contractor to comply with this provision constitutes a basis upon which the CBBEP may annul this contract with the Contractor.

6. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the CBBEP's Engineer at least three (3) business days prior to the pre-construction meeting.

7. Documentation identifying the Contractor’s Field Administration Staff.

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8. Provide a certificate of insurance showing proof of all coverage required for the project in the limits specified in “Notice to Contractors – A.” (Note: As specified in Notice to Contractors – A, endorsements will be required upon contract award).

B. Field Administration Staff.

1. The Contractor shall employ for this Project, as Contractor's field administration staff, superintendents and foremen who are careful and competent and acceptable to the CBBEP's Engineer.

2. The criteria upon which the CBBEP's Engineer make this determination may include the following:

a. The Superintendent for the Contractor 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.

(1) This experience shall include, but not necessarily be limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and CBBEP's contract close-out procedures.

(2) The Superintendent must be present on the job site at all times that work is being performed.

b. The foreman for the Contractor shall have at least five (5) years recent experience in similar work and be subordinate to the Superintendent. Foreman cannot act as Superintendent without prior written approval from the CBBEP and CBBEP’s Engineer.

3. Documentation concerning these requirements will be reviewed by the CBBEP's Engineer. The Contractor’s field administration staff, and any subsequent substitutions or replacements, must be approved by the CBBEP's Engineer in writing prior to the superintendent assuming responsibilities on the Project.

4. The written approval of field administration staff by the CBBEP's Engineer is required.

a. Written approval is also necessary prior to a change in field administration staff during the term of this contract.

b. If the Contractor fails to obtain prior written approval of the CBBEP's Engineer concerning any substitutions or replacements in Contractor's field administration staff for this Project during the term of the contract, such a failure constitutes a basis to annul the contract.

§A-2-2 Equal Opportunity Employer Requirements.

The Contractor shall comply with applicable Federal and State laws and local ordinances relating to equal employment opportunity.

§A-2-3 Surety Bonds.

A. With the execution and delivery of the contract, the Contractor shall furnish and file with the CBBEP, in the amounts required in this contract, the following surety bonds:

1. 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 CBBEP and all other

Part A-Page 7 of 38 persons against damage by reason of negligence of the Contractor, or improper execution of the work, or the use of inferior materials.

a. 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 CBBEP, or the lesser or greater period as may be designated in the special provisions.

b. A Performance Bond will not be required if the contract amount does not exceed $25,000.00.

2. 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 the contract and for the use of each the claimant. A Payment Bond will not be required if the contract amount does not exceed $25,000.00.

3. Other Bonds: Other bonds, if required in the special provisions.

B. No surety will be accepted by the CBBEP from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the CBBEP.

C. All bonds must be issued by an approved Surety Company authorized to do business in the

State of Texas.

D. 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 CBBEP's Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company’s capital and surplus with reinsurer(s) authorized to do business in the State of Texas.

E. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer’s capital and surplus.

F. 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.

G. The Surety shall designate an agent who is a resident of Nueces County, Texas.

H. Each bond must be executed by the Contractor and the Surety.

I. For Contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements.

J. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued.

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K. Should any surety on the contract be determined unsatisfactory at any time by the CBBEP, notice will be given the Contractor to that effect, and the Contractor shall immediately provide a new surety satisfactory to the CBBEP.

L. No payment will be made under this contract until the new surety, or sureties as required, has qualified and been accepted by the CBBEP.

M. The contract may not be operative nor will any payments be due or paid until approval of the bonds has been made by the CBBEP.

N. The CBBEP 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.

O. In the event a facsimile Power of Attorney is used, the CBBEP 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.

P. 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 the Surety's home office, not be amended or abridged, still be in full force and effect, and that the CBBEP will be notified in the event of cancellation of the particular agent.

§A-2-4 Execution of Contract.

A. The Successful Bidder, to whom a contract is awarded shall, within seven (7) business days after the award and after receiving a request from CBBEP to execute the contract, sign the contract, furnish the required insurance certificates and any applicable endorsements, and execute the required bonds.

B. The award of the contract may be rescinded at any time prior to the date the CBBEP delivers a contract to the Contractor.

C. Contractor has no cause of action of any kind, including for breach of contract, against the CBBEP, nor is the CBBEP obligated to perform under the contract.

§A-2-5 Failure to Execute Contract.

A. The failure of the Successful Bidder to execute the required bonds, furnish the required insurance certificates, with endorsements, and sign the required contract within seven (7) business days after the contract is awarded and the Successful Bidder has been requested to execute the documents must be considered by the CBBEP as an abandonment of Contractor's proposal, and the CBBEP shall cancel the award.

B. By reason of the uncertainty of the market prices of materials and labor and it being impractical and difficult to determine accurately the amount of damages accruing the CBBEP by reason of the bidder's failure to execute the bonds and contract within seven (7) business days, the bid bond accompanying the proposal must be the agreed amount of damages which the CBBEP will suffer by reason of the failure on part of the bidder and shall immediately be forfeited to the CBBEP.

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C. The filing of a proposal by a Bidder is considered a Bidder's acceptance of this provision.

ARTICLE A-3 SCOPE OF WORK

§A-3-1 Intent of Plans and Specifications.

A. 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.

B. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal, contract, and any addendum to any of the listed documents, and shall do the additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner.

C. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work.

§A-3-2 Subsidiary Work.

A. In the course of furnishing or constructing a complete work or improvement, certain work may be necessary which is subsidiary to the items which are established as pay items.

B. Subsidiary work may be shown and specified in detail in the plans and specifications, other work may be less completely shown, and other the 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.

C. It must be the duty of the Contractor to carry out all the subsidiary work as if fully shown, and the cost of the work must be made subsidiary to the established pay item.

§A-3-3 Increased or Decreased Quantities of Work.

A. The CBBEP 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.

B. No allowance will be made for any change in anticipated profits nor shall the changes be considered as waiving or invalidating any conditions or provisions of the contract or bonds.

§A-3-4 Alteration of Plans and Specifications.

A. The CBBEP reserves the right to make the 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 the changes do not materially alter the original plans and specifications or change the general nature of the work as a whole.

B. The changes may not be considered as waiving or invalidating any condition or provision of the contract and bonds.

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§A-3-5 Value Engineering Incentive Procedures.

A. After the award of the contract, the Contractor may develop by use of Texas Licensed Engineer retained by Contractor, and submit to the CBBEP's Engineer, Value Engineering Change Proposals (VECP's) identifying potential reductions in the contract cost by effective changes to the contract plans and specifications.

B. Any VECP submittal shall be a side-by-side comparison and include the following:

1. The present contract requirement and description of the proposal change including any modifications to the plans and specifications.

2. The comparative advantages and disadvantages of both the present requirement and the proposed change.

3. An analysis of how the proposed change will alter the function, characteristics and/or performance of a component, including any consequential costs which might be incurred in performance of the work or providing an equivalent quality of the work specified.

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 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.

C. The Contractor's Engineer shall consult the CBBEP's Engineer prior to taking any action on a

VECP, and may not implement a VECP without the concurrence of the CBBEP's Engineer.

D. The CBBEP's Engineer may notify the Contractor of the status of the VECP within twenty

(20) business days of VECP's receipt.

E. Acceptance or rejection of the VECP by the CBBEP's Engineer must be final.

F. 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.

G. 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 the time as the change order is executed, the Contractor shall perform in accordance with the provisions of the existing contract.

H. The Contractor's share of the savings resulting from approval of the VECP must be fifty percent (50%) of the net cost savings calculated as follows:

I. Contractor's Share = .50 (existing contract requirement cost - proposed change costs - testing and evaluation costs incurred by the Contractor).

J. This savings will be reflected on the change order approving the VECP and authorizing the change.

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K. Deletion of contract work or construction items and changes initiated by the CBBEP will not be considered as VECP's. In those instances, the CBBEP will realize 100% of the contract reduction or cost savings.

§A-3-6 Extra Work.

A. When additional work not shown in the plans and specifications as normal adaptation to existing conditions is required, the Contractor shall do the work when ordered in writing by the CBBEP's Engineer.

B. Payment for the extra work will be made as provided in this Part.

ARTICLE A-4 CONTROL OF THE WORK AND MATERIALS

§A-4-1 Authority of the CBBEP's Engineer.

A. All work must be performed under the observation of the CBBEP's Engineer in a workmanlike manner and to the CBBEP's Engineer's satisfaction.

B. CBBEP's Engineer 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, manner, or 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.

C. The CBBEP's Engineer will determine the amount and quality of the work performed and materials furnished, and CBBEP's Engineer’s decisions and estimates must be final.

D. CBBEP's Engineer’s estimate in the event must be a condition precedent to the right of the Contractor to receive money due Contractor under…