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HomeMy WebLinkAboutC2021-063 - 2/23/2021 - Approved DocuSign Envelope ID: DFB72268-E3E3-48EB-A2F3-OE06BC170AC3 SC CONTRACT 3240— DESIGN BUILD SERVICES FOR ASSET MANAGEMENT- EMS CENTRAL BUILDING ''��awruwrl�O 1852 00 52 25 DESIGN/BUILD AGREEMENT(LUMP SUM) This Agreement, for the Project awarded on February 16, 2021, is between the City of Corpus Christi (Owner) and Barcom Construction, Inc. (Design/Builder). Owner and Design/Builder agree as follows: ARTICLE 1—WORK 1.01 Design/Builder shall perform all design and construction services, and provide all material, equipment, tools and labor necessary to complete Work as specified or indicated in the Contract Documents. ARTICLE 2—OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Owner's Authorized Representative for this Project is: Max Jones, P.E. Facilities Capital Improvement Program Manager 1201 Leopard Street,3rd Floor Corpus Christi,TX 78401 361-826-3389 maxj@cctexas.com ARTICLE 3—DESIGN SERVICES 3.01 Design/Builder shall perform all Design Services described in, contemplated by, inferable from, or necessary or desirable to achieve the objectives stated in the Design Criteria Package and the Contract, including all Design Services necessary for the Project to be properly constructed by Design/Builder and used, operated and maintained by Owner in accordance with all applicable guidelines, requirements and standards. The Design Criteria Package is included in the Request for Qualifications (RFQ) and is incorporated into this Contract by reference. The Design Services shall be performed within the time provided in the Schedule required by Article 4 of the General Conditions. 3.02 Design/Builder shall prepare, as necessary, surveys and topographic information including aerial photographs needed to establish line and grade of stormwater inlets, location of property lines and easements. Stormwater easements, both construction and permanent, shall be referenced to property lines by field surveys, and plans shall include the location of any improvement as it relates to property lines. Owner expressly does not warrant any information provided by it in connection with preparation of the above-mentioned information; Design/Builder, however, may reasonably rely on information provided by Owner to the extent the information has been Design/Build Agreement LS 005225- 1 Asset Management-EMS Central Building(Contract 3240) Rev 10/2020 DocuSign Envelope ID:A35BBF37-688E-45C3-A8BO-BD9DAOCC7537 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT REQUEST FOR QUALIFICATIONS («RFQ„) DESIGN/BUILD SERVICES FOR EMS CENTRAL BUILDING Contract No . 3240 DocuSign Envelope ID:DFB72268-E3E3-48EB-A2F3-OE06BC170AC3 CONTRACT 3240—DESIGN BUILD SERVICES FOR O ASSET MANAGEMENT- EMS CENTRAL BUILDING xsg2 00 52 25 DESIGN/BUILD AGREEMENT (LUMP SUM) This Agreement, for the Project awarded on February 16, 2021, is between the City of Corpus Christi (Owner)and Barcom Construction, Inc. (Design/Builder). Owner and Design/Builder agree as follows: ARTICLE 1—WORK 1.01 Design/Builder shall perform all design and construction services, and provide all material, equipment,tools and labor necessary to complete Work as specified or indicated in the Contract Documents. ARTICLE 2—OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Owner's Authorized Representative for this Project is: Max Jones, P.E. Facilities Capital Improvement Program Manager 1201 Leopard Street,3`d Floor Corpus Christi,TX 78401 361-826-3389 maxj@cctexas.com ARTICLE 3—DESIGN SERVICES 3.01 Design/Builder shall perform all Design Services described in,contemplated by, inferable from,or necessary or desirable to achieve the objectives stated in the Design Criteria Package and the Contract, including all Design Services necessary for the Project to be properly constructed by Design/Builder and used, operated and maintained by Owner in accordance with all applicable guidelines, requirements and standards. The Design Criteria Package is included in the Request for Qualifications (RFQ) and is incorporated into this Contract by reference. The Design Services shall be performed within the time provided in the Schedule required by Article 4 of the General Conditions. 3.02 Design/Builder shall prepare, as necessary, surveys and topographic information including aerial photographs needed to establish line and grade of stormwater inlets, location of property lines and easements. Stormwater easements, both construction and permanent, shall be referenced to property lines by field surveys, and plans shall include the location of any improvement as it relates to property lines. Owner expressly does not warrant any information provided by it in connection with preparation of the above-mentioned information; Design/Builder, however, may reasonably rely on information provided by Owner to the extent the information has been Design/Build Agreement LS 005225-1 Asset Management-EMS Central Building(Contract 3240) Rev 10/2020 DocuSign Envelope ID:DFB72268-E3E3-48EB-A2F3-OE06BC170AC3 prepared by Owner or an independent consultant hired by Owner to prepare the information specifically for this Project, without absolving Design/Builder from its responsibility to independently verify or investigate information that a reasonable,prudent professional architect or engineer should or would inquire about. 3.03 Design/Builder shall be responsible for the professional quality, completeness, accuracy and coordination of Design Documents. Design/Builder shall provide Design Services that will result in an operationally cost-efficient and economical facility that meets all environmental and regulatory requirements as of the date hereof and uses the most appropriate available technology. Design/Builder shall provide for all quality control reviews required by sound professional architectural and engineering practices and by governmental authorities having jurisdiction over the Project. 3.04 Design/Builder shall design the Project to meet all applicable requirements of building control laws and regulations in relation to the design, construction, occupation and operation of the Project, including without limitation, environmental standards, fire and safety regulations, Americans with Disabilities Act (ADA) regulations, and requirements and compliance with other applicable standards and codes. 3.05 Design/Builder shall,without additional compensation,immediately correct any errors,omissions or deficiencies in its Design Services or Design Documents. ARTICLE 4—PRELIMINARY DESIGN 4.01 Prior to the preparation of the preliminary design, Owner and Design/Builder shall meet as detailed in Article 2 of the General Conditions to discuss the requirements of the Project,including but not limited to, design, construction, budgetary or operational requirements, limitations and objectives. 4.02 No later than the date called for in the Design/Builder's Schedule, Design/Builder shall prepare and submit to the OAR a Preliminary Design for the Project. The Preliminary Design shall address all requirements of the Project and shall include, without limitation, the following: A. Preliminary drawings that illustrate each of the basic components of the Project, including the size,scale, location, dimensions and character of each structure; B. Preliminary drawings that illustrate each exterior view of the Project; C. Preliminary drawings that illustrate a site plan for each functional area of the Project and dimensions thereof; D. Preliminary drawings and specifications illustrating and describing the architectural, electrical, mechanical,structural and manufacturing systems of the Project; E. Written description of the materials and equipment to be incorporated into the Project and the location of same; and F. Any other documents or things required to illustrate, describe or depict the Preliminary Design and the conformity of same with the requirements of the Design Criteria Package and this Contract. Design/Build Agreement LS 005225-2 Asset Management-EMS Central Building(Contract 3240) Rev 10/2020 DocuSign Envelope ID: DFB72268-E3E3-48EB-A2F3-OE06BC170AC3 4.03 Design/Builder shall review the Preliminary Design with the OAR and shall incorporate any changes ordered by the OAR in regard to the Preliminary Design or the requirements of the Project. ARTICLE 5—CONSTRUCTION DOCUMENTS 5.01 No later than the date called for in the Design/Builder's Schedule, Design/Builder shall prepare and submit to the OAR the Construction Documents that detail the complete design for the Project. 5.02 The Construction Documents shall include all design documents that describe with specificity all elements, details, components, materials and other information necessary for the complete construction of the Project and rendering the Project fully operational for its intended purposes, including satisfaction of all testing, permitting, qualifications, certifications, validations and obtaining regulatory approvals by all applicable regulatory authorities required to complete the Project and all its components operational and functionally and legally usable for their intended purpose. ARTICLE 6—CONTRACT TIMES 6.01 Contract Times A. The Work is required to be substantially completed within 240 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 270 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. 6.02 Liquidated Damages A. Owner and Design/Builder recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Design/Builder recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 6.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Design/Builder also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof,Owner and Design/Builder agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Design/Builder shall pay Owner $400.00 for each day that expires after the time specified in Paragraph 6.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Design/Builder agrees to pay Owner$400.00 for each day that expires after the time specified in Paragraph 6.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. Design/Build Agreement LS 005225-3 Asset Management-EMS Central Building(Contract 3240) Rev 10/2020 DocuSign Envelope ID:DFB72268-E3E3-48EB-A2F3-OE06BC170AC3 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages,and Owner may elect to pursue its actual damages resulting from the failure of Design/Builder to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 7—CONTRACT PRICE 7.01 Owner will pay Design/Builder for completion of the Work in accordance with the Contract Documents the Lump sum of$448,184.00 ARTICLE 8—PAYMENT PROCEDURES 8.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 8.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.6, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option,retainage may be increased to a higher percentage rate,not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 9.01. E. At the Owner's option, Owner may pay Design/Builder 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Design/Builder to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. Design/Build Agreement LS 005225-4 Asset Management-EMS Central Building(Contract 3240) Rev 10/2020 DocuSign Envelope ID:DFB72268-E3E3-48EB-A2F3-OE06BC170AC3 8.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 9—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 9.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 9.02 Except as specified in Article 8, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 10—DESIGN/BUILDER'S REPRESENTATIONS 10.01 The Design/Builder makes the following representations: A. The Design/Builder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. B. The Design/Builder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. C. The Design/Builder has carefully studied the following Site-related reports, if any, identified in the Supplementary Conditions: I. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. D. The Design/Builder has considered the: 1. Information known to Design/Builder; 2. Information commonly known to designers and contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. Basis of design documents, including RFQ Section 4—Scope of Work/Design Criteria. E. The Design/Builder has considered the items identified in Paragraphs 7.01.0 and 7.01.D of the General Conditions with respect to the effect of such information,observations,and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Design/Builder; and 3. Design/Builder's safety precautions and programs. Design/Build Agreement LS 005225-S Asset Management-EMS Central Building(Contract 3240) Rev 10/2020 DocuSign Envelope ID:DFB72268-E3E3-48EB-A2F3-OE06BC170AC3 F. Design/Builder has given the OAR written notice of all conflicts or ambiguities that Design/Builder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Design/Builder. G. Design/Builder's entry into this Contract constitutes an incontrovertible representation by Design/Builder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. H. DESIGN/BUILDER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 11—ACCOUNTING RECORDS 11.01 Accounting Record Availability: The Design/Builder shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to priorwritten notice,the Owner shall be afforded reasonable access during normal business hours to all of the Design/Builder's records, books,correspondence, instructions, drawings, receipts,vouchers, memoranda, and similar data relating to the Cost of the Work and the Design/Builder's fee. The Design/Builder shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 12—CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE 12.01 Contents: A. The Contract Documents consist of the following, and in the event of any conflict, discrepancy or inconsistency among any of the Contract Documents that make up this contract,the documents take precedence in the following order: 1. Request for Qualifications, and other design criteria documents 2. Design/Build Proposal, including a deviation list that specifically identifies any and all deviations from Owner's project criteria 3. Design/Build Agreement, including General and Supplementary Conditions 4. Design and Construction Documents prepared by Design/Builder B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Design/Build Agreement LS 005225-6 Asset Management-EMS Central Building(Contract 3240) Rev 10/2020 DocuSign Envelope ID:DFB72268-E3E3-48EB-A2F3-OE06BC170AC3 ARTICLE 13—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Lcca cuSigned by: DocuSigned by: Nuc�ac(Huerta Mic ae o rlguez City Secretary Chief of Staff M2021-032 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 02/23/2021 DocuSigned by: keA4 fv1t,�,J. l RH/SB Assistant City Attorney ATTEST(IF CORPORATION) BARCOM CONSTRUCTION,INC. CDocuSigned by: NIL(, V6+S Mic ae oug as (Seal Below) General Manager Note: Attach copy of authorization to sign if 5826 Bear Lane person signing for DESIGN/BUILDER is not Corpus Christi,Texas 78405 President, Vice President, Chief Executive Officer, 361-851-1000 or Chief Financial Officer mike@barcom.com END OF SECTION Design/Build Agreement LS 005225-7 Asset Management-EMS Central Building(Contract 3240) Rev 10/2020 DocuSign Envelope ID: DFB72268-E3E3-48EB-A2F3-OE06BC170AC3 Building success, • -job ot • time .: BARCOMI CONSTRUCTION, City of Corpus Christi - EMS Storage Building Schedule of Values General Conditions $ 44,456.00 Permit $ 4,410.00 Layout $ 2,500.00 Temporary Fence $ 1,684.00 Sitework $ 38,422.00 Concrete Paving $ 50,352.00 Foundation $ 65,250.00 Bollards $ 3,000.00 Overhead Doors (manual operation) $ 10,410.00 Door, Frame & Hardware $ 1,750.00 Painting (bollards and single door) $ 1,500.00 Pre-Engineered Building Material $ 46,969.00 Building Erection $ 32,309.00 Electrical $ 44,900.00 Engineering &Windstorm Inspections $ 25,150.00 TAS Inspection $ 1,500.00 Material Testing $ 6,931.00 Labor burden $ 6,751.00 Overhead $ 22,408.00 Profit $ 22,408.00 Payment& Performance Bonds $ 8,963.00 Builders Risk Insurance $ 3,147.00 General Liability Insurance $ 3,014.00 Sales tax Exempt Total $ 448,184.00 Exclusions: Landscaping Soil haul off, losing on site Building insulation HVAC/ Heaters Plumbing Building commissioning Joint sealant at interior foundation sawcuts AEP fees Access control 5826 BEAR LANE CORPUS CHRISTI,TEXAS 78405 TELEPHONE:(361)851-1000-FAX:(361)851-1717 DocuSign Envelope ID: 24BEAf3ED-903A-42CF-AEC3-A4239A839AFE 00 61 13 PERFORMANCE BOND BOND NO. 107351033 Contractor as Principal Name: BARCOM CONSTRUCION, INC. Mailing address (principal place of business): 5826 Bear Lane Corpus Christi, TX 78405 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Contracts and Procurement 1201 Leopard Street Corpus Christi, Texas 78401 Contract Project name and number: Design/Build Services for EMS Central Building Award Date of the Contract: February 23,2021 Contract Price: $ 448,184.00 Surety Name: Travelers Casualty and Surety Company of America Mailing address (principal place of business): 4650 Westway Park Blvd. Houston, TX 77041 Physical address (principal place of business): 4650 Westway Park Blvd. Houston, TX 77041 Surety is a corporation organized and existing under the laws of the state of: Connecticut 1 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Bond 107351033 Date of Bond: March 1, 2021 (Date of Bond cannot be earlier than Award Date of the Contract) Telephone (main number): 281-606-8400 Telephone (for notice of claim): 860-27T0111 0111 Local Agent for Surety Name: C.A. McClure Address: 13823 Schmidt Road Cypress, TX 77429 Telephone: 281-890-9294 Email Address: almia}southernamericanins.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond Proj Title — Proj No 006113-1 7-8-2014 DocuSign Envelope ID: 24BEABED-903A-42CF-AEC3-A4239A839AFE 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 al! 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 Princi Signature: Name: Title: Barcom Construction, Inc. Performance Bond Proj Title -- Proj No Surety Travelers Casualty and Surety Company of America Signature: Name: C.A. McClure Title: Attorney in Fact Email Address: alm@southernameric:anins.com. (Attach Power of Attorney and place surety s€l below) END OF SECTION 006113-2 7-8-2014 TRAVELERS J Travelers Casualty and Surety Company of Anierica Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN EY THESE PR ESENTS- Tnet Travelers Casualty Li nf.1 Surety Company of America, -Travelers Casually and Surety Company, and St. Paul Fire and Marine Insurance Conpany ace corporations duly organized un der the e.wof tN State of Cenneclicut eierein colleetivety called the "Companies"), and that the Companies do hereby make. coestitute and appoint C. A. McClure of Cyprries, Tawas, their true- and !awful Atlomey-ie-Fact to sign, execute, seal and ackncieledge any and all bocids, iecognizances, condltional undertakings and other writings ot,ligstory ir, the nature thereof en behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the thed-ormance of ccntracts and executing or guaranteeing brims and undertakings reqeired or petmitted in any actions cr- Proceedings allowed by law !N WITNESS WHEREOF, Me Companies have causedInts Instrument t o be signed, and their corporate seals to be hereto affixed, this trd nay of February, 2017. Slate of Connecticut By 'Ftobja L. Raney, Sefrior Vice President City of Hertford sa On this the 3rd day of February, 2017, before .me personally appeared Robert t, Raney, who acknowledged himself to be the Senior Vice President el Travelers Casualty and Surety Company cf America, Travelers Cusuatty rid Surely Company, and St Paul Fire and Marine Insurance Ccirripar,y. end that he, as such, being authorized so to do, executed the foregoing instrurrrint for the purposes therein contained by signing on behalf citric corperations by himself as a duly authorized officer In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30tti day of June, 2021 \y\a.N12.. 'AirAttuat 1,7Teri7/ Public This Power of Attorney is granted under and by the authority rat the fdlowieg resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Caeualty and Surety Company, end St. Paul Fire and Menne Insurance Company. which resaltitions are rem in E ir force and effect reading as tonowst RESOLVED, that the Chairman, the President, any lece Chelrmee, any Executive Vie President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint A/limeys-in-Fact and Agents to uct for and rei behalf of the Crxripeny end mey gyve s..reh appointee such authority as his or her certifCate of authority rnayprescriloe to sign with the Company's name and seal with the Company's seal bond's, recogeizences, contracts of indemnity, and other writings obtigefoty in the netsee of a bond, recognizance, or conditional undertaking, and any of seid affi:es s or the Board cl Directors at any time may remove any such appcintee and revoke the power given him or her; end I Is FURTHER RESOLVED, that the Chairman, tie President, ay Vice Chairman, any Executive Vim President, any SentoVice President or any Vice President may delegate alt u any part of the foregoing authority to one or rnOre officers Or employees d Ibis Company, provided mei each such delegation is in writing and a copy thereof Is filed in the office of the Seeretary; and it is F UR1H ER RESOLVED, that any bond, recognizance, contract of irdemnity, or writing obligatory in the nature of a bond, recogrizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive VIce President, any Senior Vice President or any Vice Presiden(, eny Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary arid duty attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seat, It required) by one or more Attorneys -in -Feet and Agents pursuant to tee power prescribed in Ns orle certificate or their certificates of authonty or by one or more Company officers pursuant to a written delegation d authority end it Is FURTHER RESOLVED, thatthe signature of each dr the folloering President, any Executive Vice President, any Seder Vie President, arty Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be ef fixed by facsimile to eny Porter of AttOrney or lo any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other wrtings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing suchfacsimile signature orfacsirnile seal shell be valid and binding upon the Company and any such power so executed and certified by sue facsimile signature and facsimile seal shell be valid and binding on the Company ir the future with respect to any bond or understanding to which it is attached, 1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Suety Company c( America, Travelers Casualty rind Surely Company, arAt St Pout Fire and Marine insurance Company, do hereby unity that the ebove end foregoing is a True and correct copy of the Power or Attorney executed by saki Companies, which remains intuit 1 force end effect. 1st March, 2021 FJ4te this day of Kevin F. Hughes, Assitant Secretary To verify the authenticity of this Power efAttttrney, please call us zit 1-800-4 21-38e0 ii/a3ce refer to the above-narned Attorney -in -Fact and the details of the bond te which the power is attached, Travelers? IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE, A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3000 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH TRIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. C r,cuSign Envelope ID: 24BEABED-903A-42CF-AEC3•A4239A839AFE 00 61 16 PAYMENT BOND Contractor as Principal Name: BARCOM CONSTRUCION, INC. Mailing address (principal place of business): 5826 Bear Lane Corpus Christi, TX 78405 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Contracts and Procurement 1201 Leopard Street Corpus Christi, Texas 78401 Contract Project name and number: Design/Build Services for EMS Central Building Award Date of the Contract: February 23,2021 Contract Price: $ 448,184.00 Bond 107351033 Date of Bond: March 1, 2021 (Date of Bond cannot be earlier than Award Date of Contract) BOND NO. 107351033 Surety Travelers Casualty and Surety Company of America Name: Mailing address (principal place of business): 4650 Westway Park Blvd. Houston, TX 77041 Physical address (principal place of business): 4650 Westway Park Blvd. Houston, TX 77041 Surety is a corporation organized and existing under the laws of the state of: Connecticut By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 281-606-8400 Telephone (for notice of claim): 860-277-0111 Local Agent for Surety Name: C.A. McClure Address: 13823 Schmidt Road Cypress, TX 77429 Telephone: 281-890-9294 Email Address: alm@southe•namericanins.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form Proj Title - Proj No 006116-1 7-8-2014 C ,cuSign Envelope ID: 24BEABED-903A-42CF-AEC3-A4239A839AFE 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.n5jpa4 rcom Construction, Inc. Signature:. - Name: Title: Email Address: Payment Bond Form Proj Title - Proj No Surety Travelers Casualty and Surety Company of America Signature: Name: Title: C.A. McClure Attorney in Fact , Email Address: alm@southernameripanins.com (Attach Power of Attorney and place surety seal below) END OF SECTION 006116-2 7.8-2014 ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DY IYY) 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 have ADDITIONAL INSURED provisions or 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 Higginbotham Insurance Agency, Inc. PO Box 870 Corpus Christi TX 78403-0870 CONTACT Renee Terrell PHONE FAX INC No Extl: 361-561-4237 (A/c,No):361-844-0101 ADDRESS: rterrell@higginbotham.net INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Allmerica Financial Benefit Insurance Company 41840 INSURED BARCO6 Ba2BearConstruction, Inc. 5826 LaneINSURER Corpus Christi TX 78405 INSURER B : The Hanover Insurance Company 22292 c: Texas Mutual Insurance Company 22945 INSURERD: Starr Indemnity & Liability Co. 38318 INSURER E : The Hanover Casualty Company 41602 INSURER F : X COVERAGES CERTIFICATE NUMBER: 928498633 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 LTR TYPE OF INSURANCE ISD DDL SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS E X COMMERCIAL GENERAL LIABILITY LLDD69302402 9/12/2020 9/12/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY AWDD69304402 9/12/2020 9/12/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ 8 X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UHDD69302703 9/12/2020 9/12/2021 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N Y N/A 0002020407 9/12/2020 9/12/2021 X SPER TATUTE ORH EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Builders Risk ITH100065033420 9/12/2020 9/12/2021 Insured Project Limit Catastrophe Limit $10,000,000 $15,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) See Attached... CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Facilities Attn: Contract Admin PO Box 9277 Corpus Christi TX 78469-9277 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED PRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Aco nR AGENCY CUSTOMER ID: BARC06 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Higginbotham Insurance Agency, Inc. NAMED INSURED Barcom Construction, Inc. 5826 Bear Lane Corpus Christi TX 78405 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Commercial General Liability Broadening endorsement — Form 421-2915 06/15). 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. (Commercial General Liability Broadening endorsement — Form 421-2915 06/15). 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. (Commercial General Liability Broadening endorsement — Form 421-2915 06/15). General Liability includes $1,000,000 Property Damage Legal Liability - Broad Form. (Commercial General Liability Enhancement Endorsement - Contractors - Form 421-2918 06/15). 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. (Waiver of Transfer of Rights of Recovery Against Others to Us — Form 461-0500 11/13). 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. (Blanket Additional Insured — Primary & Non -Contributory - Form 461-0478 12/12). Workers' Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Texas Waiver of Our Right to Recover from Others Endorsement - Form WC 42 03 04B). Executive Officers, David & Elaine Hoffman, are excluded under the Workers' Compensation policy. (Partners, Officers and Others Exclusion - Form WC 42 03 08). Umbrella policy follows the terms, definitions, conditions & exclusions of the Scheduled Underlying General Liability, Auto Liability and Employers Liability Insurance. (Hanover Commercial Follow Form Excess & Umbrella policy - Form 475-0001 01/18 Contractors Professional Liability and Pollution Liability Policy info: AXIS Surplus Insurance Company, Policy#CM003700022020, 09/12/20-21, $1,000,000 Each Claim / $2,000,000 Aggregate. Contractor's Professional Liability and Pollution Liability Policy includes Waiver of Subrogation as required by written contract — CM 0001 07/13 — C -Pro Plus and Coverage B — Additional Insured Primary & Non -Contributory — CM0069 01/16. Employee Theft policy with Travelers Casualty & Surety Company of America, Policy# 105677128, 09/12/20-21, $1,000,000 Per Occurrence Limit. 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). 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. (Notice of Cancellation to Designated Entity(s)- Form 401-1235 12/14). 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. (Notice of Cancellation to Designated Entity(s)- Form 401-1235 12/14). Builders Risk policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. (Loss Payable Options - Form IM 7854 04/04). Re: Contract No. 3240 - Design/Build Services for EMS Central Building ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 24BEABED-903A-42CF-AEC3-A4239A839AFE CONTRACTS AND PROCUREMENT DEPARTMENT PO Box 9277 Corpus Christi Texas, 78469-9277 Phone: 361.826.3160 NOTICE OF AWARD Contractor: Barcom Construction, Inc Project: Design/Build for EMS Central Building This notice serves as confirmation of award of the referenced Project, to your firm, by the Corpus Christi City Council on February 23,2021 in the amount of $448,184.00. Contractor is instructed to execute all necessary forms and submit all required documentation as outlined in the contract document. Your signed agreement and Form 1295 have been received and are on record. All required insurance and bond submittals are due back to this office within 10 calendar days of receipt. The following document submittals are required to execute the contract: Performance and Payment Bond — Required bond forms have been provided to you for execution. Submit one set of original hard copy performance and payment bonds. Insurance — Refer to the contract documents, Section 00 73 00, for insurance requirements and submit proof of coverage. Submittals will include a Certificate of Insurance referencing the project name and number and all applicable endorsements to the policies. Please contact Construction Contracts Administrator, if you have any questions regarding this information. ,—DocuSigned by: VV` —r r up48o5oED84tC... Josh Chronley, Interim for Kim Baker. Director of Contracts and Procurement RETURN DOCUMENTS TO: Jennifer Rodriguez Contracts Administrator City of Corpus Christi — Contracts and Procurement 1201 Leopard St. - City Hall, First Floor Corpus Christi, TX 78469-9277 2/24/2021 Date DocuSign Envelope ID:ODBCB075-0737-4DC1-8058-92877604D67C NOTICE TO PROCEED Contractor: Barcom Construction \© j Project: EMS Central Building CONTRACTS AND This notice serves as authorization to begin construction on the referenced project. Contractor PROCUREMENT has been provided an electronic copy of the executed Contract Document. Contractor shall DEPARTMENT begin construction on March 31, 2021. You are hereby advised that all project signs, barricading and signage as required by the plans and specifications, shall be in place and PO Box 9277 approved prior to beginning construction operations. As provided in the contract documents, Corpus Christi all work on this project is to be completed within 240 Calendar days, after construction is Texas, 78469-9277 begun. Resident inspection on the project will be provided by the City's Engineering Phone: Department Construction Division. Please notify your designated Construction Inspector 48 361.826.3160 hours prior to beginning construction. Key dates related to completion of construction, and associated liquidated damages are listed below. /DLovcu-Signedby: Issued By `moi v Date: 3/22/2021 F7D548656E5B4EC... Josh Chronley Interim for Contracts and Procurement Milestone Dates: Date of Notice to Proceed with Construction March 31,2021 Anticipated Date of(Substantial) Completion November 26,2021 Contract Time Calendar Days 240 Cal Days (substantial) 270 Cal Days (final) Liquidated Damages $400/day (substantial) $400/day (final) Distribution List: Jeff Edmonds, Dir. Engr. Ratna Pottumuthu, Engr Brett Van Hazel, Constr Victor Vargas, Constr Ed Sanchez, Constr Ruben Barrera, Constr Construction MAs Design Consult Project Manager, Engr Lynda Herndon, Engr Stacey Pillinger, Engr Hilda Mihalco, Engr Angelica Garza, CAP Grace Limas, CAP Utilities Mail Box Gerald Garcia,Wastewater Maria Godina, Engr Gabriel Ramirez,Water Sarah Munoz, Streets Renee Couture,Traffic Engr Tony Salinas,Traffic Signals David Lehfeldt, Solid Wste Keith Rodriguez, Gas Robert Robles, MIS Richard Martinez,Streets Melinda Sanchez, Engr