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HomeMy WebLinkAboutC2010-113 - 2/23/2010 - Approved2010-113 M2010-041 02/23/10 Leoncitos, Inc. S P E C I A L P R O V I S I O N S S P E C I F I CAT I O N S FORM S O F A N D C O N T R A C T S F O R A N D B O N D S AYERS SERVICE CENTER PRE-ENGINEERED FUEL STATION CANOPY INSTALLATION PROJECT ARCHITECT: CHUCK ANASTOS ASSOCIATES, LLC PO BOX 3883, 78463-388 3 901 SOUTH STAPLES STREET, 78404 CORPUS CHRISTI, TEXAS TEL: 361.884.4422 FAX: 361.884.4419 EMAIL: caaincarch@aoi.com FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3500 Fax: 361/826-3501 PROJECT NO: E09057 DRAWING NO : PBG- 7 5 3 G c~ ~,~; ~Yd, f•1a3~ (Revised 6/27/99) AVERS SERVICE CENTER PRE-ENGINEERED. FUEL STATION CANOPY INSTALLATION CITY PROJECT N[7MBER E09057 TABLE OF CONTENTS NOTICE TO BIDDERS (Revised 715/2000) NOTICE TO CONTRACTORS - A Insurance Requirements (Revised March 2009) NOTICE TO CONTRACTORS - B Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates A-11 Cooperation with Public Agencies A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavat-ion and Removals A-16 Disposal/Salvage of Materials ~'~-~' "_ =' ~' ^~~~ NOT USED A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy {Revised 10/98} A-23 Inspection Required A-24 Surety Bonds NO LONGER APPLICABLE {6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution Page 1 of 3 A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents ~F ',~--^: t.. ~.,u ,..~ r.. t , : ~; ~~.~a n_~~~ NOT USED ~- A-36 Oth~ear,,~Sub~mittals ~r~? 3~ cf}££E~~E~~~i~~ NOT USED A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimate s NOT USED A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As Built Dimensions and Drawings (7/5/00) NOT USED ~~ ~ 3 = xti cc~s+rcru cc .cc~xrazrP rc~ru cv~-m rc a v a c ~~ NOT USE D A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Windstorm Certification A-51 Amended Prosecution and Progress Submittal Transmittal Form Attachment 1- Project Sign PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART C-i - FEDERALLY REQUIRED LANGUAGE PART T - TECHNICAL SPECIFICATIONS DIVISION 2 - SITEWORK Section 02050 - Selective Demolition DIVISION 3 - CONCRETE Section 03100 - Concrete Formwork Section 03200 - Concrete Reinforcement Section 03300 - Cast-in-Place Concrete DIVISION 13 - SPECIAL CONSTRUCTION Section 131'20,- Pre-Engineered Fuel Canopy DIVISION 16 - ELECTRICAL Section 16000 - Electrical General Provisions Section 16100 - Electrical Systems Page 2 of 3 LIST OF DRAWINGS Sheet #1 TITLE SHEET & SITE PLAN Sheet #2 FLOOR PLAN, EXTERIOR ELEVATIONS & DETAILS Sheet #3 ROOF FRAMING PLAN & DETAILS Sheet #4 ELECTRICAL PLAN Sheet #5 ELECTRICAL ELEVATIONS. Sheet #6 ELECTRICAL ELEVATIONS Sheet #7 LIGHTING PLAN & PANEL SCHEDULE NOTICE .f~eTi~~~i~i'~~4~ PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Page 3 of 3 NQTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: AYSRS SERVICE CEDTPSR PRE-ENGINEERED FUEL STATION CANOPY INSTALLATION, Project No. $09057: Consists of all work to design & install new Pre-Engineered Metal Fuel Station Canopy. The new canopy shall include removing existing concrete columns, steel beams and steel joists that shall remain in place after partial existing canopy demolition under separate contract; concrete footings; metal soffit panels, ACM fascia panels; internal perimeter gutters; metal columns; concrete paving saw cut and repairs; electrical power and fiber optic rerouting and extension; soffit lighting; final site clean-up and proper disposal of debris/waste; complete in accordance with the plans, specifications, and contract documents.; Will be received at the office of the City Secretary until 2:00 PM on Wednesday, - January 27, 2010 and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for, beginning at 10:00 AM, on Wednesda , Jax~.uary 20, 2010 at the Engineering Services Con€erence Room, 3 Floor City Hall, 1201 Leopard Street, Corpus Christi, Texas. The pre-bid meeting will be conducted by City staff and Project Architect Chuck Anastos, A.I.A. will be available for questions and answers. A bid bond in the amount of 5g of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5~ bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and mo/100_ Dollars {$50.00} as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional {510.00} which is a non-refundable postage/handling charge. "~~ The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set. out in the contract documents obtainable at the. office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE. TO CONTRACTORS - ~ INSURANCE REQUIREMENTS Revised March, 2449 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TXPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Caacellatioa required oa Bodily Tajury aad Property Damage all certificates P8R OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage B. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS` LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term environmental impact for the disposal of NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements B REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED Yage 1 0~ ^The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ^The name of the project must be listed under "description of operations" on each certificate of insurance. ^For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty t30} days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-5-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please Contact the Contract Administrator at 880-3504. Page 2 of 2 NOTICE TO C4NTRACT~RS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS` COMPENSATION CHAPTER 114 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §114.114 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 def ned 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 commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction--Has the meaning defined in the Texas Labor Code, §405.096{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 form TWCC-81, form TWCC-82, form TWCC-83, ar form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (5) 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-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building ox 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 pxoper 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 aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c} A governmental entity that enters into a building or construction contract on a project shall: {1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph {7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7} use the language contained in the following Figure 1 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: Attached Graphic Page 3 of 11 {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 f ling of any coverage agreements; {2} provide a certif Cate 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 certif Cate 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 commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic ($} 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; Page 4 of 11 (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 ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;. {G} notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and {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 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 aself-insured, with the commission`s Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; {S} obtain from each person providing services on a project under contract to it, and provide as required by 'its contract: - (A} acertificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certif Cate 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; Page S of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; {7) notify the governmental entity in writing by certified mail or personal delivery, 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; (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 of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certif cotes of coverage on file for the duration of the project and for one year thereafter; (G} notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom i# 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. Page b of 11 (h} The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 667Sc, 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 sale 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. Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d}(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-37$9 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 T28S 110.110(c)(7} Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 8.2, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in X406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodlbeverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new cert f cote of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01.1(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certif cote of coverage showing extension of coverage, if the coverage period shown on the current certifrcate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certifrcate of coverage ends during the duration of the project; (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project wilt 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 fzled with the appropriate insurance carrier or, in the case of aself-insured, with the commission`s Division ofSelf- Page 10 of I 1 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PRQVISI~NS AYERS SERVICE CENTER PRE-ENGINEERED FUEL STATION CANOPY INSTALLATION PROJECT NO. E49057 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receivin Pro orals/Pre-Bid Meetin Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1241 Leopard Street, until 2.00 p m Wednesday. JANUARY 27, 2010. Proposals mailed should be addressed in the following manner: ri: ~-- ^F- ~ r"-r' ~*-, City Secretary's Office -City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - AYERS SERVICE CENTER PRE-ENGINEERED FUEL STATION CANOPY INSTALLATION PROJECT NO. 809057 Aa ro orals not h sicall is ossessioa of the Cit Secreta 's Office at the time and date of bid opening will be deemed late and nonresponsive. Late ~praposals will be returned unopened to the ro oser. The ro oser is solel res onsible far delive to the Cit Secreta 's Office.. Relive of an proposal, by the proposer, their agent/representative, U.S. Mail, or other delivery service, to nay City address or office other than the City Secretary's Office will be deemed non-responsive if not in possession of the city secretary's Office prior to the date and time of bid openiag. A pre-bid meeting will be held on aPEDNESDAY, JANUARY 20, 2010, beginning at 10:00 AM. The meeting will convene at the Engineering Services Main Conference FLoom, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX, and will include a discussion of the project elements. If requested, a, site visit will follow. No additional or separate visitations will be conducted b the Cit . A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project Consists of all work to design ~ install new Pre-Engineered Metal Fuel Station Canopy The new canopy shall include removing existing concrete columns, steel beams and steel joists that shall remain in place after partial existing canopy demolition under separate contract; concrete footings, metal soffit panels, ACM fascia panels; internal _erimeter gutters, metal columns, concrete paving saw cut and repairs; electrical power and fiber o tic reroutin and extension; soffit li htin final site clean-u and roper disposal of debris/waste; complete in accordance with the plans, specifications, and contract documents; A-4 Method of Award The bids will be evaluated based on the Total Base Bid, subject to availability of funding. Section A - SP (Revised 12/15/04) Page 1 of 22 The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5~ Bid Bond (Must reference AYERS SSRVIGB CSNTBR PRE-BNGINSERBD FIIEL STATION CANOPX INSTALLATION Project No. 809057 as identified in the Proposal} {A Cashier's Cheek, certified check, money order or bank draft from any State or National Bank will also be acceptable.} 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 60 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee {"City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services {City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the .City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled .for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project: Furthermore, far each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. -~ In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation Section A - SP (Revised 12/I5/04? Page 2 of 22 insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to~-the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment o£ Addenda The Contractor shall acknowledge. receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact an the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/x4) Labor preference and wage rates for SUIL37ING CONSTRUCTION. Mia:iittnnn Prevailing Wage Scales The Corpus Christi City Council has deteLmined the general prevailing miniarngn hourly wa5e rates for Nueces County, Texas as set out in. Part C. The C~tractor and arty subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, worlarian, or mechanic employed, if such person is paid less than the specified rates for the classification of work perfornted. The Contractor and each subcontractor must keep an accurate recoil. sY~wing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll sukznittals to the City ~~+'• The Contractor will also obtain copies of such certified payrolls fran all subcontractors arm. others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. {See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper fonr- and content of the payroll s«brnittals.) One and one-half (1'~} times the specified hourly wage must be paid for all hours worked in excess of 44 hwrs in any one week and for all hours worked on Sundays or holidays. (Sae Sectian B-1-1, Definition of Tenr~s, and Secti~ B-7-6, Working Hours.) A-11 Cooperation with Public Agen~ciea (Revised 7/5/00} The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (48) lunar notice to arty applicable agency wY~n work is anticipated to proceed in the vicinity of any facility by using the DIG TESS 1-804-344-8377, the Ibne Star Notification C~aiiy at 1-804- 669-8344, and the Verizon Dig Alert at 1-800-483-6279. For the Contractor's c~venience, the following teleplxxiae numbers are listed. City IIxiis~eer 826-3540 project Architect - 884-4422 (946-0069 mobile) Chuck Anastos Associates. LIC Traffic II~gii~eexing 826-3540 police Department 882-1911 Section A - SP tReviaed 12/15/04) Page 3 of 22 water Department 826-1880 (826-3140 after hours) Wastewater D~ 826-1818 {826-3140 after hours} Gas Department 885-6900 ($85-6900 after hours} Storm Water Department 826-1881 (826-3140 after hours) Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1970 Municipal. Information Systems {M.I.5.} 826-3740 A E P 299-4833 (693-9444 after hours) S B C 881-2511 (1-800-824-4424,after hours} City Street Div. for Traffic Signal/Fiber Optic ?lxate 826-1946 826-1960 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 840-724-3624} KMC (Fiber Optic} 813-1124 {Pager 888-204-1679) ClwiceCom {Fiber Optic) 881-5767 {Pager 850-2981} CAPROCit (Fiber Optic} 512/935-0958 (Mobile} Brooks giber Optic (Mph) 972-753-4355 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Arawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as .intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.}, flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets ar ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase i.n the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the residence and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. Sectzoa A - SP (Revised 12/15/04} Page 4 of 22 The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A-14 Coastructioa S ipmeat Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. I~io visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Bxcavatioa aad Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not .limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item far "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Dis oral/Salves a of Materials Excess excavated material, broken asphalt, concrete, broken culverts .and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. (NOT IISED) ~. ~L ~_~.. _ _~ ~~ a ~--- ~•. ~ ~..o- . - "~ eeifd~~s~~ ;a^ ~L..., cs .. Section A - SP (itevised 12/15/04) Page 5 0£ 22 A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALTsNDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review.. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2} bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control. point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control paints or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work,. the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Section A - SP (Revised 12/15/04) Page 6 of 22 Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency/point of circumference • Curb and gutter flow line - both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. Wastewater: • All rim/invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Water: • All top of valves box; + Valves vaults rim; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits}. Stormwater• • All rim/invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). A-20 Testiag aad Certi~icatioa All tests required under this. item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Project Si s The Contractor must furnish and install 1 Project signs as indicated on the following drawings. (Attachment I) The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A-22 Miaorit /Miaorit Susiaess Bate rise Partici atioa Poli (Revised to/9a) 1.. Polic It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority. and female participation by trade and for Minority Business Enterprise. Section A - SP (Revised 12/15/0) Page 7 of 22 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person{s}. Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned. {a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. {b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). {c) For an enterprise doing business as a corporation, at least 51.Oo of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the .total profits,. bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. Sectioa A - SP (Revised 12/15/04) Page 8 of 22 f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed'by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0 interest, shall be deemed equivalent to having minority participation in 25.Oa of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals. for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business enterprise (Percent) Participation (Percent) 45 ~ 15 ~ b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised.?/S/oo) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. Section A - SP (Revised 3.2/15/04) Page 9 of 22 A-24 Surety Hounds Paragraph two {2) of Section B-3-4 of the General Provisions is changed to read as follows: F'No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or-who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. Tf performance and payment bonds are in an amount in excess of ten percent (l0a} of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the band amount that exceeds ten percent (10~) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10~) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to da business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax LxemAtion HO LONGER APPLICABLE (6/11/98) fellewi w~wtitutca ___ '_-'___ ''~"' °^'` . , r i i th " = al €e~ the cex--e€ ~t e~x~l9 ~w f.... ,..., ,1. e~reP n ~h~r Gharge~ 3 . -i~-rs~•ide-resale ~ • ~ • ..~~, es h„ .., Section A - SP (Revised 12/15/04) Page 18 of 22 / / iesue•s-e-resale eertif}eaze to his-e~="'~~ A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material chap a to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage .for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the. Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the -City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. Section A - SP (Revised 12/15/04? Page 11 of 2Z A-27 Responsibility for Damage Claims Paragraph (a} General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide Builder's Risk insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A-28 Considerations for Contract Award and $xecution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two {2} years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2} years. The bidder shall specify the name -and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Ac~-iinistratioa Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this detem+~nation may include the following: 1. The Superintendent must have at least five.{5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least-five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Section A - SP (Revised 12/15/04) Page 12 of 22 Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's abZigation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the tezm of this Contract. Tf the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contractor' Section B-3-1 Consideration of Contract add the following text: Within five (5} working days following the public opening and reading of the proposals, the three {3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 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 of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. TYie names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, .that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. 'T'his list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is .sought to be substituted for or replaced during the term of the - Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure Section A - SP (Revised 12/15/04? Page 13 of 22 of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit ia. letter form, information identifying type of eatity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said eatity. A-31 Amended Policy as Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" 8-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for azxy extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.40. The Contractor acknowledges that any change orders in an amount in excess of $25,004.40 must also be approved by the City Council. A-32 Amended "Executiaa of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Coalitions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-l. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Section A - SP (Revised 12/15/04) Page 14 of 22 Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements (NOT USED) `~er~e at an r t o ~ ~r er l ~-~ ~ 'Ee~rt-~aete~ °~F « ~'-.. d ~i~-wa~e~ ~ePa~t~eet Pe~see d ~f b i ' r j ere e e ll ant va d~ient-atxe~preg~ nepart~tent~e=se~el fer these F'.er~~xtienal~~a~at~en ~efex-~~taeheEe~t ~ ~-~ape~-tat}ems, ~einsta~~atien, - . i ~'~ll deep--we=~~~~~as e~lea~ at all tf~s a ..,, ~r....~, `_ Section A - SP (Revised 12/15/04) Page 15 of 22 ~ '"e~~~'ae€e~' s~ ~ ~ e~se~e~ nttts€ vaea~ es~are~~~€a~t e~ae~a~~s e~~ a ..," s .,, w-- ; Fw.,.... ..} : .+ ... ~~€ ~ e~ .~° a~ e~a~ge, ~ r j e ~te, e~ va ~es ~6i' Ee~€~ae Ge~ r•~•• •••• ~ ~ ~ •l Q GGIZG~ae€e~ }~Z'=Ct e e~ e ~~~P~e~~'Cie , E}€ ~ ~e~€~ae€e~ ~ts € ~e€ xse ae~ ~€€ T„ ~..r,}.v.,~}wv ..~.~.., ~~- ~ €~ = ,, aGs~g~a€e~ ~~-E ~ ~ ~ e~a~ e -~~j+Ta~e~ ~ s€~ ~ ~ ~ r~es~ ~e e ea~ va e a e ~ ' € heave $~3e '°°~'~ ~'-^a ~}r,,,.}, € ~ ~ ,, ~kp Por=c~cYC~e~ et ~e 6yees 3EFtES J ~ ~} ' a~~~e~t~ ~ ~e S T € ~ ^}~ ee€e or as- ~ ...~. C-e-ae•~e~ -$~ta ~ ~ a a e ~- ~ ~~€~ea~~e~s~~ ~ TTnc+nTTTC+~nv /'U',ATTCJI'1T ~1~~---LZT T~ . T !-/1TTT C, T T T/',TT \- A ~ - ~e~ ~e~ B ~i ~A~s ~ ~ea ~^3^}:~. e. QC S.7 ~G ~7C 2ZZG2GC6Gw-l/ ~ ~eG G / ~r / L G I , / ~ ~ ~ b / ~~ e.,, :,.,,,. l .•}".,~ nr Tat -~r~i na d T3 pxvyi~aiftfEl~lt~, ees€e~ s ~ g, E e~ t Q, ~~g ~ }~ ~~te -~ ~ ~ e€e~ ~ase~-~ ee~ ~ ~ ~e~~age a~ s ~egt~ ~ ~~e ae~ ee~€~e~ ens€em ~t~s€~ees; ir T ~ Q ] - G g e€e~a~~~-as a~g~}e ~. ~,..1 .. F m ~~- ° ~=c ° _Y~je~ ~~_ _ ____C 9aOS C OS= ~9~ Gi[ff Z. _ a~~ ee~t~~e3~}~~-as ~egt~~~e~ ~~ ~€rree-~~'4e~~s- e~ }~ ~ a ~~ ~ ~ Y ~ V ~~}s ~ee~~ae€ e~ e e€ v,. €~e ~ ! T a~~ ~° ; ~ ^ im / a^} , °a ~e ~e~~ g eee ae 3. ~~e - i -°- ~- - ' ~ ~ 'e€ee ~ }~ ~ ~ ~ iE}ee~ s~e~a~ ~ r ate = e~ e c E s eYe a e~ d ~:e e~g r ., g / .. - .1...~_. ~... .-1 -t-~~ ~~ ~ r ~_~--_-_-_ e~-eel-vie have ^^F.. l l s ~} ~ ~~e e~tg~e~s-~e~see ee~~~e€e~ a ata~~t€ae~t~~e3:~s ~~a~ a~~ ~~P~e~e~€~g €~e s$ee}€~ €t~ EE ~3 x ~€ = ~ ~~ ee~t~se ° e ee~xgtr~e~a, ~ o' s~a€€e~ a~e~ ~~ '"`~'-,.' J p-'-s;-- •'r ~ ^:-^.. J a=za r...a E3s a~e~f a e , S ~ZG :[[a == ~ se~vT~ee €ae}~~~y-va~~i~E}--4A8--r'T}~ t}~ ~ ~ = ~ ~ es~€ ~e ~e~-ee•€ rect~ ~~e a~~ ~e z s~€e --~ ~s ~a e, ~, ea ~, ~e~a nta ~~a c : ,, a ,.. „.,..., . ,., g ~ Section A - SP tRevised 12/15/04) Page 3.6 of 22 T ~_~ shalz € net--p~ae€ie ~~n}sh equipment whieh ie the~~edtte-€ --a€ e~xe a~, all e~}pme~~ e€ a g}vex ~~e-;Rill 3~-€he S€evens ~~~a€er mr,,..~-_~~,~ n ~d €~ meter-Per€e a . Pla3~c--i~3.ll s~ee~~ ' ~ Se rx~=ee a~ be--used l~ evFal~ra€l~g whle~r Ee~~~a~€er-.~z e~-pr'eg~a~ts €he neva vier}e €er '-'^' ^ "~^, ~"~ ee all €llled etr€ d h ll = £~te Ce~ttra ~- 3~leedc~ >:•e~ ~t P~e a - eter s i~e~te sheva €he-p~eg~amming as seeded-ate le e€ the -'^'' n e~~am d i h SC-ADA -st ~'~ng a~t~ given t --~~egram s$-~-Int Cent•~aeter p e a e em ~lttae ~~lee~e~ whieh t3~e ~. ~.. ,.., - --- - ~.. ~... ~. , ,_ea .,•_,} o the e ~~-~ ^ ;, ~... ~,. ..a.-, -a. ~t=ag~3~ase ~he~ . ended ta-~.~all e€ the req~lred s~iee~te-~~ ; , , : a A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1} reproducible transparency for. all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number{s}, and specification Section number, as appropriate, on .each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to ~.dentify applicable products, models, options, and. other data. Supplement manufacturers' standard data to provide information unique to this Project. Sectioa A - SP (Revised 12/3.5/04) Page 17 of 22 g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify ali changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns far City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three !3} copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) ~ _ rr «,~- ..a rn.,., a _f rr ~ _ L, µ L. ~L. n'+'l ad!'~ t}lP F.-.~~.. -----~- A-38 Worker's Compensation Coverage for Building ar Construction Projects for Government Sntities The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-8- 9. A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Section A - SP (Revised 12/i5/04) Page 18 of 22 Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory (NOT USED) A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Bold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order{s} be required by the engineer,. Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Huilt Dimensions and Drawings (7/5/04) {a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical} of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: Section A - SP (Revised 12/15/04) Page 19 of 22 (1) Horizontal and vertical dimensions due to substitutions/field changes. (2} Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. {4} Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disposal of Highly Chlariaated water (7/5/00) (NOT IISED) a...,. as ... .., ...f • ~~.....~,,.,~-.tea ~~,.... A-47 Pre-Construction Exploratory Excavatioas (7/5/00) (NOT IISED) elegy-a~iez~,s~€ the t~^ cF ----c`-= .~ ~ re, -°°-- _ °P - __ -~ r-r- A-4$ Overhead Electrical 6~ires (7/5/00} Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the Section A - SP {Revised 12/3.S/04) Page 20 of 22 construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maiateaaace Guaranty" (6/24/003 Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will .operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims sir causes of action against the .Contractor or any other individual or entity." A-50 Windstorm Certification The entire new CANOPY shall be inspected during construction by a structural engineer (Certified Windstorm Inspector) that it complies with the requirements of the State Board of Insurance, Engineering Division, for the TCPIA. Contractor shall provide the services of a structural engineer for this certification and include the cost in the .Total Base Bid. A Form WPI-1 (Inspector Application} shall be submitted to the Texas Department of Insurance prior to commencing construction and a Form WBI-2-BC-5 shall be submitted to .the Texas Department of Insurance indicating the certified Windstorm Inspector has inspected the building for issuance of a WPI-8 by the Texas Department of insurance. The wPI-8 shall be provided to the Owner with the close-out documents. A-51 Amended Pxosecutioa and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City request remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract." Section A - SP (Revised 12/15/04) Page 21 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT : NEW CANOPY FOR THE CITY OF CORPUS CHRISTI FUEL STATION PROJECT No. E09057 OWNER: CITY OF CORPUS CHRISTI ENGINEER: CHUCK ANASTOS ASSOCIATES, LLC CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Sectioa A - SP (Revised 12/15/Og) Page 22 of 22 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGR~'F'~T is entered into this 23RD day of FEBRUARY, 2010, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract- Documents as "City," and Leoncitos, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $79,414.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: AVERS SERVICE CENTER PRE-ENGINEERED FUEL STATION CANOPY INSTALLATION PROJECT NO. E09057 (TOTAL BASE BID: $79,414.00) according to the attached Plans and Specifications in a good and - workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 P R O P O S A L Place: Date: January 27, ?~..0. Proposal of Leonoitos, Inc. , a Corporation organized and existing under the. laws of the State of __Texas OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: AY~:RS SERETICE CENTER PRE- ENC-INEE'REO FUEL STATION CANOPY INSTALLATION PROJECT NO. E09057 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to wit: TOTAL BASE BID {LUMP SUM) : $ 7 9 , 414.0 0 PROPOSAL FORM PAGE 2 OF 5 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 60 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract .Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: City Secretary APPRO D AS O LEGAL FORM: By : ~, Asst. ity Attorney __ _. A ~ t~~ If Person s±~+~ ? ~ for cozporatian is-~ Preeideatf ~~attach _..of, authorization ~~~ o`` S °~., ., ~.~ '~. • ; di •• . ~ _ ~ _ '~~ ~'' ~ ~ n , ~ n n a ~ w ~ ~ ~,`` CITY OF RPUS CHR TI By: Juan erales, r., P.E. Assistant City Manager Engineering/Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTR1~iCTOR Leonciyos, Inc. By: Title: ~~~~~~ 400 SPID, SUITE 104 (Address) CORPUS CHRISTI, TX 78405 (City) (State)(ZIP) 361/299-1742 * 361/854-8345 (Phone) (Fax) dX Cp~1NCiL . ~ ~ ~ ~~ ~~ Agreement ~'~"~""' ~ Page 2 of 2 P R O P O S A L F O R FOR M AVERS FUEL SERVICE CENTER PRE-ENGINEERED STATION CANOPY INSTALLATION PROJECT NO. E09057 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 5 P R O P_O S A L Place: Date : Januarv 27 . 2.111 Proposal of Leoncitos. Inc. a Corporation organized and existing under the laws of the State of Texas OR a Partnership or Individual doing business as TO: The Citg of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: AYERS SERLTICE CENTER PRE-.ENGINEERED FUEL STATION CANOPY INSTALLATION PROJECT NO. E09057 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to wit: TOTAI, SASE BID {LUMP SUM) : $ 7 9 .414.0 0 PROPOSAL FORM PAGE 2 OF 5 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract-and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5$ of the highest amount bid, is to became the property of the Gity of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work. to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 60 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): Addendas 1 & 2 (SEAL - IF BIDDER IS a Corporation) NOTE : Do not detac2]"t3TS-from other papers . Fill in with ink and submit complete with attached papers, CITY OF CORPUS CHRISTI Respectfully submitted: Name: C r:na Casillas BY= i ~ {SIGNATURE) Address: 400 SPID, Suite 104 (P.O. Box) (Street} Corpus Christi, TX 78405 (City) (State) {Zip) Telephone: 361-299-1742 (Revised August 2000} PROPOSAL FORM PAGE 3 OF 5 ~ o n cL~: `t ~/ ~ 1! tQ P A Y M E N T B O N D STATE OF TEXAS § COUNTY OF NUECES § I~TOW ALL BY THESE PRESENTS: THAT Leoncitos, Inc. of NUECES County, Texas, hereinafter called "Principal", and,~(,~~'~ ec.. ~VISLIrGIYIC 2 ~. a corporation organized under the laws of the State of T~eX.~tS and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of SEVENTY-NINE THOUSAND, FOUR HUNDRED FOURTEEN AND NO/100($79,414.00) DOLLARS, lawful money. of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 23RD day FEBRUARY 20 10 a copy of which is hereto attached and made a part hereof, for the construction of: AYERS SERVICE CENTER PRE-ENGINEERED FUEL STATION CANOPY INSTALLATION PROJECT NO. E09057 (TOTAL BASE BID: $79,414.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and. it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 cop~i~ $, each one 1of which shall be deemed an original, this the h day of /1/~ot ~~ 20 (a PRINCIPAL ~ ~ eY ~ c~~ 1101(1 (lyl., C..J~SI ~ lS4 ~ , (Print Name & Title) ATTES - ~(~.h-~.t7 /~°SI cl e~-f- ~h~(m~ ~ ~l a.r~v - 14C.Q.Dw~-~`n ~- (Print Name & Title) SURETY Stet ~- e.,~-eL, ~ s~,t. ~~ v~ e e~ Cc~. Attorney~n~-f~~t r~ ~~~~ ~ (Print Name) ,~ ~_ a ~--~~ tom' '.~'_~~; : 2Z1 11~n°~'-°'i ..s 3 ~$i ~~~°' ~~ .. ~w de3.iTrer~ of notice .and. service of process is: ~~~ Agency: , Contact Persoa: Address: Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 ~.~ond.#'X313?~(~ P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NUECES § I~iOW ALL BY THESE PRESENTS: THAT Leoncitos, Inc. of NUECES County, Texas, hereinafter called "Principal", and 5l~~C~~P_G, ~VlSG~('~YIC~~. a corporation organized under the laws of the State of"~~~gs , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of SEVENTY-NINE THOUSAND, FOUR HUNDRED FOURTEEN AND NO/100 ($79,414.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors,. jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 23RD of FEBRUARY 20 10 a copy of which is hereto attached and made a part hereof, for the construction of: AYERS SERVICE CENTER PRE-ENGINEERED FUEL STATION CANOPY INSTALLATION PROJECT NO. E09057 (TOTAL BASE BID: $79,414.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copie~~ each on of which shall be deemed an original, this the ~} day of ~ 20(2. PRINCIPAL By: ~ ~ ~~~ ~(t~- QSi(~g- reSrG~e~c~ (Print Name & Title) a .~~w Th~elm~ (. ~ I~.n~y- ~C~vu~-fi a (Print Name & Title) SURETY Attprney-in-fact I~~G~ ~ ~~ ~~~ a, N (Print Name) _~~- -- :~_~t Agent off- the Surety i$ ~~,~,~ -c'-',,,--~..._Z`~x',~~, " far d~e~:p+ery ~f~notice and service of process is:;#` _ _. ,.. p ,. j Agency: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi 8 Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 POA #: 4221025 SureTec Insurance company LIMITED POWER ~F ATTQRNEY Know Ail Men by ;i"lrese Presents, That SURETEC INSURANCE COMPANY (the "Company"}, a corporation duty organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Paul G. Adam, Peter S. Batjer, Joseph P. O'Connor, Randall Saverance, Lisa W. Friend, Annelle U. Smith, Barbara Newcomb, Susan D.B. Muniz, Kari N. Wirth its true and lawfid Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/12 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Ile it Resolved, that the President, any nice-President, any Assistant Vice-President, any Secretary ar any Assistant Secretary shall be and is hereby vested with foil power and authority to appoint arty one or snore suitable pecsans as Attorneys}-in-Fact to represent and act far and an behalf of the Company subject tQ the follawing provisions: Attornev-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling ar ternrinating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by fire President and sealed and effected by the Corporate Secreutry. Be it Resolved, that the signature of any authorized o#t'reer and seal of the Company heretofore or hereafter affixed m any power of attorney ar any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valyd and binding upon the Company with respe<;t to any band or undertaking to which it is attached. (Adopted at a meeting held on 2d~ of r#pril, 1999.} In Wftness Wlrereaf, SURETEC fiISURAI~ICE COMPANY` has caused these presents to be signed by its President, attd its corporate seal to be hereto affixed this 28th day of October, A.U. 2008. . ~ . SURIETEC INS CE ~:®MPAIYY :~ ;, ~ B.J. ICS esiden: State of Texas ss: ` ~~:, _ ~`ti,~`~ ;: ~ County of Harris ~•.,,.....: .„„„~ „~~*'a On this 28h day of October, Z00$ before me personally came B,J. King, tome known, who, being by me duly sworn, did depose attd say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he latows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by li},:e order. ~' MlcFtellt~ ~}8t'tt1~ ~Y state ~ Texas __t ~~.~.~.~.~. i +~~.ma+~ 1V1lchelle Denny, Notary P >Iic My commission expires August 27, ZOl2 I, Ivf. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COivtt'ANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is stilt in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in lire Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of , 20~, A.D. M, Brent aty, Assis nt Secretary Any Instrument issued in excess of the penalty stated abnve is totally void and without any validity. Far veriHcatian of the authority of this power you may calf ('713} $12-0800 any business day t~tween 8;00 am and 5.00 pm CST, DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires al! persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answerwith "NA". FIRM : Leoncitos , Inc STREET:400 SPID, Suite 104 CITY: Corpus Christi, TX Z1p;78405 FIRM is: 1. Corporation X 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 9. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "fine". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above Warned "firm". Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submifted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Corina Casillas Title: President (Type r Print) _, Signature of Certifying Person: l/l~i~_ Date: ~anLa r~ 27 , 20 t 0 DEFINITIONS PROPOSAL FORM PAGE 4 OF 5 a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, far purposes of taxation, are treated as non-profit organizations. d. "Official°. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest". Legal or equitable interest, whether actually or constructively held,.in a firm, including when such interest is held through an agent, trust, estate or holding en#ity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. PROPOSAL FORM PAGE 5 OF 5 ~COR~ CERTIFICATE OF LIABILITY INSURANCE OP ID MYDA ` ~~~' ~ LLrONCCl 03/05/10 THIS CERT~ICATE IS 138UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RK3HTS UPON THE CERTIFICATE Swantner & Gordon Ins Agcy-CC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Carpus Christi TX 78403-0870 Phone:361-883-1711 Fax: 361-844-0101 INSURERS AFFORDING COVERAGE NAIC# INSURED ~ INSURER A: Republic Lloyds 19208 LeO11Cit S I INSURER B: Southern insurance Co 19216A , O AC . Nuwayp Internat~1041, Inc . INSURER C: e .p<,o-ai« tlndea+rzitets xm Ce 24538 900 8. P.I.D. Corpus Christi TX 78405 INSLr2ERD~ Texas Mutual ins Co 22945 INSURER E: wvcnnvc.~ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSLN2ED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY 7HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COI~ITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS: LTR NSR TYPE OF iNSURAN E POLICY NUMBER DATE {MMIDDNYYY) DATE (MMIDD/YYYY LIMITS GENERAL LU1BILnY EACH OCCURRENCE $ 1, OOO , O0O A X COMMERCIAL GENERAL LIABILITY CMP550414700 08/26/09 08/26/10 PREMISES (Eaoccurence $ 100,000 CLAIMS MADE X^ OCCUR _ / v MED EXP (Any one person) $ 5 ~ Q Q Q X Contractual Liab PERSONAL s ADV IN,,uRY $ 000 000 X Broad Form PD GENERAL AGGREGATE , , $ 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: P R ~ PRODUCTS - COMPlOP AGG , , $ 2 , OOO , OOO POLICY X J CT LOC E AUT OMOBILE LU181LITY B X ANY AUTO BAP550414800 08/26/09 08/26/10 COMBINED SINGLE LIMfi (Eeaccident) $ 1 ~ 000 ~ 0Q0 ALL OWNED AUTOS SCHEDULED AUTOS _ BODILY INJURY (Per peuson) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROP RT E Y DAMAGE $ (Per accider~) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: qGG $ EXCESS J UMBRELLA LIABILITY EACH OCCURRENCE $ 1 , O OO , OO O C X occuR ~CLAIMSMADE UMB550414900 08/26/09 08/26/10 AGGREGATE $ 1,000,000 / $ DEDUCTIBLE X RETENTION $10 , 00 $ C AND EMPLOYERS' LIABN.TTY Y 1 N X TORY LIMITS ER D ~ICER/MIEMBEREXACL~UDEEDXECUTIVE ^ TSF0001161990 10/08/09 08/26/10 E.L.EACHACCIDENi $ 1,000,000 (MendatoryMNH) M/ E.L. DISEASE-EA EMPLOYEE $ 1 000 000 If yes, describe under r r SPECIAL PROVISIONS bebw E.L. DISEASE -POLICY LIMIT $ 1 ,QQQ , 000 OTHER ' ~ A Builder s Risk CMP550414700 03/03/10 08/26,x10 Per Loc $ 4,000,000 t/ Per Occ $ 8,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT - SPECIAL PROVISIONS RE: Ayers Service Center Pre-lEagineezed Fuel Station Canopy Installation Project NO. E09057 See attached Notepad for additional coverage wording. CERTIFICATE HOLDER caircal I ertnu SHOULD ANY OF THE ABOVE DESCRIED POLIC~8 BE CANCELLED BEFO THE EXP@tATiON GICC-CO / DATE THEREOF, THE 188UING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City Of COl"pI1S Christi J Engineering Services IN~OSE Np OBLIGATION OR LWBILRY OF ANY KIND ICON THE INSURER, R5 AGENTS OR Contract administrator Rr~SENraTnrFs P.O. Box 9277 A SEIVTaTrvE o us Christi TX 78469-9277 ~/ ahnen oe innneaw~ --..- ~~ «°--•-., ~ ~yae arlrr AcoRD~CCNiPORATION. A9 rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 201010 01 THIS ENDORSEMENT CHANGES THE POLICY -PLEASE READ TT CAREFULLY ADDITIONAL INSURED - OVYNERS, LESSEES OR CONTRACTORS - SCI~DULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: J COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Corpus Christi f Department of Engineering Services Attn: Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 ([f no entry appears above. information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respell to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project CG 201010 O1 Insured: Leoncitos. Inc. Pol # Effective: 08/26/09 ~~~~- Randal M. Lee Authorized Representative CMP5SO414700 V Managing Partner Title: TE 99 OlB ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorser~nt changes the policy effective on the inception date of the policy unless another date is indicated below; Endorsement Effective Policv Number ~ 08/26~d9 BAP550414800 Named Insured Leoncitos, Inc. Countersigned by ~~,%~ (Authorized Representative) The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. Additional Insured: city of corpus Christi . Of Engineering Services Attn: Contract. Administrator P. O. Box 9277 Corpus Christi, TX 78469-9277 is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additiatal insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. !f the cancellation is by us, we will give ten days notice to the additional insured. The additional insured will retain any right of recovery as a claimant under this policy. FORM TE 94 OlB - ADDITIONAL INSURED Texas Standard Automobile Endorsement Prescribed by March 19,1942 ATTACIEIII~NT 2 20F2 COMMERCIAL GENERAL LIABILITY CG 02 OS 0196 THIS ENDORSEMENT CHANGES THE POLICY -PLEASE READ IT CAREFULLY J TEXAS CHANGES -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: f COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS !COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE City of Corpus Christi Dept. Of Engineering Services Attn: Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469-9277 Number of days advance notice: THIRTY (30) "~ Named Insured: Leoncitos, Inc. Policy Number: CMP550414700 Effective Date of This Endorsement: 08!26/09 Title (Printed}: CGOZOS (01!96) Managing Partner ATTACIl~tENT 3 1 OF 3 Name (Printed): R. M. Lee / TE 02 02A CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective Policv Number 08/26/09 BAP550414800 Named Insured. I.eoncitos, Inc. Countersigned b (Authorized Representative) THIRTY (30) days before this policy is canceled or materially changed to reduce or restrict coverage we will mail notice of the cancellation or change to: City of Corpus Christi Dept. Of Engineering Services Attn: Contract Administrator P. O. Boa 9277 Corpus Christi, TX 78469-9277 !Name (Printed): R. M. I~ee Title (Printed): Managing Partner FORM TE OZ 02A • CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT Texas Standard Automobile Endorsement (Ed. Ettectlve 3/'92) ATTAC1tIIVIENT 3 20F3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 Ol (ED. 7-85) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. in the event of cancellation or other material change of the policy. we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 ,~ 2. Notice will be mailed to: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P O Box 9277 Corpus Christi, TX 78469-9277 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is rewired only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 08/26/09 Policy No. TSF000116 990 Endorsement No. 1 Insured Leoncitos, Inc. Premium $Nil Insurance Company Texas Mutual Ins. Co. Countersigned ey: WC 42 06 O1 Name (Printed): R. M. Lee (Ed. 7-84) Title (Printed): Managing Partner ATTACHMENT 3 30F3 GENERAL ENDORSEMENT i Name of Person or organization insured Leoncitos, Inc.; Nuway International, Inc. Date this endorsement takes effect 03/03/10 / Endorsement Number 1 Policy Number CMP550414700 Name of Company issuing this endorsement Policy Period 03/03/10 - 08/26/10 Builders Risk !Installation Floater Republic Lloyds ~ (We will not fill in the above unless we issue this endorsement after we issue your policy) In consideration of no change in premium, add the following as an additional insured: City of Corpus Christi: Department of Engineering Services Attn: Contract Administrator P O Box 9277 Corpus Christi, TX 78469-9277 Should the above described policy be canceled or materially changed before the expiration date thereof, the issuing company will mai130 days written notice to the above named. Signature: Authorized Agent KK-GL00 ATTACI~VIENT 4 lofl