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HomeMy WebLinkAboutC2011-199 - 4/26/2011 - Approved2011-199 M2011 -101 I ' 04/26/11 Elite General Contractors ::,._ :'.:.;::; BE;EAR N.r_'�..T:. r ;E' .GINF%;RIi�iO E_RV1;C ES: LY '.OF CORPT35 ;C��tIST1, TEXAS 1". --,. rie:... ::. ". 351: /:080- 3501 ::..:.: F € 3Ca :1:[5:80:3:5:81::: ;:.:.:,. ...; (Revised 7/5/00) JC.ELLIOTT SCALEHOUSE -2009 PROJECT NO. 5231 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements. NOTICE TO CONTRACTORS B (Revised 7/5/00) 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 (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction. Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials . A 17 Field Office NOT USED A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification 11 21 Project Signs NOT USED A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98.) A -23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds A 25 Sales Tax Exemption NOT USED A -26 Supplemental Insurance Requirements ,. A 27 Responsibility for Damage Claims NOT USED A -28 Considerations for Contract Award and Execution 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 A 35 City Water 'acilitica.s Special Requirements NOT USED A-36 Other Submittals (Revised 9/18/00) S.C. Elliott Scalehouse -2009 City Project #5231 Table of Contents 1 of 4 NOT USED HDR Engineering, Inc. 120018 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 Estimates A 41 Ozone Advisory. 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) A -48 A-4§ A -50 Amended Prosecution and Progress A -51 Storm Water Pollution Prevention Plan A--52 Electronic Proposal Form Overhead Electrical Wires (7/5/00) Amended "Maintenance Guaranty" (8/24/OQ) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 021 SITE PREPARATION 021020 Site Clearing and Stripping 021040 Site Grading 021080 Removing Old Structures 022 EARTHWORK 022020 Excavation and Backfil.l for Utilities and Sewers 022022 Trench Safety.for Excavations 022100 Select Material 022420 Silt Fence 026 UTILITIES 026402 Waterlines 027 SEWERS 027602 Gravity Sanitary Sewers 028 SITE IMPROVEMENTS AND LANDSCAPING 028020 Seeding . 030020 032020 038000 03 CONCRETE, GROUT Portland Cement Concrete Reinforcing Steel Concrete Structures PART T - TECHNICAL SPECIFICATIONS 01 GENERAL REQUIREMENTS 011650. . Stormwater Pollution Prevention Plan 020 SITE ASSESSMENT AND CONTROLS 020500 Environmental Protection S.C. Elliott Scalehouse -2009 Table of Contents HDR Engineering, Inc. City Project #5231 2 of 4 120018 05400 055213 05600 05 METALS Cold- Formed Metal Framing Pipe and Tube Railings Metal Fabrications 06 WOODS, PLASTICS, AND COMPOSITES 06220 Finish Carpentry and Millwork 07 THERMAL AND. MOISTURE PROTECTION 07100 Gypsum Sheathing 07111 Roofing Underlayment 07210 Building Insulation 07218 Sprayed Insulation 07250 Weather Barriers 07920 Joint Sealers 08.100 08200 08582 08652 08710' 08 OPENINGS Steel Doors and Frames Wood Doors Exterior. Transaction Windows Aluminum Windows Finish Hardware 09. FINISHES 09260 Gypsum Drywall 09510 Suspended Acoustical Ceiling 09650 Resilient Flooring 09655 Resilient Base 09910 Painting 10 SPECIALTIES 10810 Toilet Accessories 13 SPECIAL CONSTRUCTION 13120 Metal Building Systems 15 MECHANICAL 15050 Basic Material Methods 15140 ,Supports and Anchors 15170 Motors and Motor Controllers 15190 System Identification and Pipe Marking 15240 Sound and Vibration Control 15260 Pipe Insulation 15290 Duct. Installation 15410 Plumbing Piping and Valves. 15440 Plumbing. Fixtures 15530 Refrigeration Piping 15671 Air Cooled Condensing Units 15854 "DX " Fan Coil Unit 15860 Power Ventilators 15881 Air Distribution Devices 15885 Air Filters 15890 Metal Ductwork 15910 Ductwork Accessories 15950 Controls 15990 Testing, Adjusting, and Balancing J.C. Elliott Scalehouse -2009 Table of Contents HER Engineering, Inc. City Project #5231 3 of 4 120018 16 ELECTRICAL 16010 Electrical General Provisions 16060 Grounding 16075 Electrical Identification 16123 Wire and Cable 16136 Raceways 16140 Wiring Devices 16441 Disconnect Switches 16442 Low Voltage Panel Boards 16510 Luminaries 16671 Transient Voltage Surge Suppression 16740 Telephone /Data System 16750 Cable TV System APPENDIX LIST OF DRAWINGS SHEET NO. DESCRIPTION C1 1 Cover Sheet and Index C2 2 Existing Site Plan C3 3 Demolition Plan C4 4 Proposed Civil Site Plan C5 5 Stormwater Pollution Prevention Details C6A 6A Foundation General Notes C6 6 Foundation Plan A0.1 7 Site Plan A1.1 8 Floor Reflected Ceiling Plan A2.1 9 Interior Elevations and Details A3.1 10 Exterior Elevations A4.1 11 Building Sections. A4.2 12 Wall Section Details A5.1 13 Schedules and Details E1.1 14 Electrical Floor Plan E2.1 15 Electrical Details M1.1 16 Mechanical Floor Plan M2.1 17 Mechanical Floor Plan Schedule M3.1 18 Mechanical Floor Plan Details P1.1 19 Plumbing Floor Plan P2.1 20 Plumbing Schedules P3.1 21 Plumbing Details ASBESTOS AND LEAD PAINT SURVEY ASBESTOS SURVEY, J.C. ELLIOTT LANDFILL. WEIGH STATION, CORPUS CHRISTI, TEXAS NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND J.C. Elliott Scalehouse-2009 Table of Contents HDR Engineering, Inc. City Project #5231 4 of 4 120018 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: - J.C. ELLIOTT SCALEHOUSE - 2009, PROJECT NO. 5231; consists of Demolition of the existing scale house at J.C. Elliott Landfill (approximately 400 SF of wood structure) including wood railing, wood ramp, and utilities (plumbing and electrical). Also, the construction of anew metal fabricated building (approximately 750 SF) including metal railings, concrete ramp, and utilities (plumbing and electrical), in accordance with the plans, specifications, and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesda , March 9, 2011 and then publicly opened and read. Any bid received atter closing time will be returned unopened. A pre -bid meeting .is scheduled for 10 :00 a.m., Wednesday, March 2, 2011 and will be conducted by the City. The location of the meeting =II be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% 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 no /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 (.$10.00) 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/ Angel R. Escobar, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A �v NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 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 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY--OWNED NON-OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements X REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED •Page 1 of 2 ■ The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ■ The name of the project must be listed under "description of operations" on each certificate of insurance. ■ For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 - 3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Pagelof11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a workers' compensation coverage agreement (TWCC -8I, 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, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -.. Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act)- -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This 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 2of11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction- contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers` compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the 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 ofthe 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 ofthe 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 I 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 Page3ofll (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal. type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a 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 4of11 (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 a self- insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 1 1 (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 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 person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing. services. (f) if any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675e, §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, §I.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. 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- -3789 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 T285 110.110(c)(7) Article Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate')- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC -81, .t YY CC- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406 :096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such asfood/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certf care of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity.: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 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. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page '1 I of 11 PART A SPECIAL PROVISIONS J.C. ELLIOTT SCALEHOUSE -2009, PROJECT NO..5231 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting 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, 1201 Leopard Street, until 2:00 p.m.,.Wednesday, March 9, 2011 Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - J.C. ELLIOTT SCALEHOUSE -2009, PROJECT NO. 5231 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non- responsive. Late proposals will be returned.uaopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any 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 opening. A pre -bid meeting will be held on Wednesday, March 2, 2011, beginning at 10 :00 A.M.. The meeting will convene at the Engineering Services Main Conference Room, 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 by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project J.C. ELLIOTT SCALEHOUSE -2009, PROJECT NO. 5231; consists of Demolition of the existing scale .house at J.C. Elliott Landfill (approximately 400 SF of wood structure) including wood railing, wood ramp, and utilities (plumbing and electrical). Also, the construction of a new metal fabricated building (approximately 750 SF) including metal railings, concrete ramp, and utilities (plumbing and electrical), 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. 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. Section A - SP (Revised 12/15/04) Page 1 of 33 A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5 %. Sid Bond (Must reference J.C. ELLIOTT SCALEHOUSE, PROJECT NO. 5231 as identified in the Proposal) (A Cashier's Check, 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 150 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, $1000 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, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. Section A - SP (Revised 12/15/04) Page 2 of 33 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 of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non - receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference'and wage rates for Building Construction. Minimum Prevailing Wage, Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any 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, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all. laborers, workmen, and mechanics employed by them in connection with the Project and shoes the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will . also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for arvlitional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1%) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The. Contractor shall cooperate with all public and private agencies. with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) .hour notice to any applicable agency When work is anticipated to proceed in the vicinity of any facility by.using the Dig Tess at 7- 800 -344- 8377, the Lone Star Notification Company at 1- 800- 669 -8344, and Verizon Dig Alert at 1- 800 - 483 - 6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer DR E.ng-i neerjng, • Traffic Engineer731g Police Department Water Department Wastewater Department Inc. 826 -3500 361- 857 -2211 361- 857 -7234 (fax) . 826 -3540 886 -2600 826 -1881 (826 -1888 after hours) 826 -1800 (826 -1888 after hours) Section A - SP (Revised 12/15/04) Page 3 of 33 fag Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P ATT&T City Street Div_ for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAP'ROCK (Fiber Optic) Brooks Fiber Optic (MAid) A -I2 Maintenance of Services 885 -6900 826 -1875. 826 -3461 826 -1940 877- 373 -4858 881 -2511 826 -1610 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 -753 -4355 (885 -6900 after firs) (826 -1888 after hours) (1 -800- 824 -4424, after hours) 826 -3547 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888- 204 -1679) (Pager 850 -2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably. obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole 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 male the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of' the company or agency that owns the utilities_ Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of 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 public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. Section A - SP (Revised 12/15/04) Page 4 of 33 The Contractor shall. comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available 'through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related. materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material.that could be washed into storm sewer is allowed to remain on the. Project site or adjoining streets. A -15 Excavation and 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 for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage 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. A -17 Field Office NOT USED The Contractor must furnish thc City Engineer or his representative with a office on the site as required by thc City Engineer or his representative. Section A - SP (Revised 12/15/04) Page 5 of 33 A -18 Schedule and. Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only :on CAL, AR 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. 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 as extended pursuant to other provisions of the Contract, ONE THOUSAND DOLLARS - ($1,000.00) 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 to the Contractor the amount of liquidated damages due "to the City from the.monthly pay estimate. Days Allocation for Rain The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the nearest location is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January February March April 3 Days 3 Days 2 Days 3 Days Completion shall accordance with connected to the project. May June July August 4 Days 4 Days 3 Days 4 Days September October November December 7 Days 4 Days 3 Days 3 Days be based on satisfactory work, .completed, tested, in the plan, specifications, and contract documents and - existing system, and accepted by the City for the entire Section A - SP (Revised 12 /15/04) Page 6 of 33 Certificate of Completion The requirements to issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List): 1) Final inspection (Contractor shall have red lined set ready to submit to City with all corrections /notes - Engineering Services to coordinate As- Built plan preparation with A/E Consultant). 2) Inspector prepares final quantities, contractor evaluation form, and project summary. 3) Inspector /Engineer verifies that all submittals, payrolls, Inspection Reports, As- Builts, O&M manuals (in electronic format as required), SCADA documentation, and other Field Information are complete. 4) Contractor reviews and agrees to' final quantities or differences agreed upon by Contractor and Inspector. 5) Final estimate reviewed by City Construction .Engineer. 6) City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List_ 7) Final payment checklist: a. Affidavit that all bills have been paid, "Waiver of Lien" b. Submittal of all remaining payrolls c. Submittal of .MBE letter on what Contractor has actually subcontracted through end of project d.. 8) Final Acceptance Memorandum - prepared by Administrative Assistant. 9) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork. 10) Administrative Asst. submits to director of Engineering Services /Operating Department Head for approval and forwarding to Asst. City Manager. 11) Final Acceptance memo returned from Asst. City Manager. 12) Authorization for payment (AFP) prepared and submitted to Accounting Department. 13) Contractor receives final payment after City Council (if required or Asst. City Manager accepts project). 14) Administrative Asst. sends letter to Contractor informing him or her when one -year warranty date begins (Acceptance Memorandum). City acceptance of the project will be described in an Acceptance Memorandum to the Contractor. The warranty will begin on the date that the Acceptance Memorandum is issed to the Contractor. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, baselines, etc. that are normally required to construct a project of this nature. Major controls 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. Section A - SP (Revised 12/15/04) Page 7 of 33 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 points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed 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 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 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and.deducted from the payment to the Contractor. Section A - SP (Revised 12/15/04) . Page S of 33 The Contractor must provide all applicable Engineer. A -21 Project Signs NOT USED certifications to the City Vhe Contractor must furnish and install .1 Project signs as indicated on the thc Contractor. The location of the signs the City Engineer. A -22 Minority /Minority Business Enterprise 1. Policy will be determined in thc field by Participation Policy (Revised 10/98) It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, association or joint venture as awarded a City contract. b. Subcontractor: Any named person, association, or joint venture as work, labor, services, supplies combination of the foregoing under on a City contract. firm, partnership, corporation, herein provided which has been firm, partnership, corporation, herein identified as providing , equipment, materials or any contract with a prime contractor 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.Oa of the assets or interest in the partnership property must be owned by one or more minority person(s). Section A - SP (Revised 12/15/04) Page 9 of 33 (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 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. 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 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals 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 % 1.5 % 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 Section A - SP (Revised 12/15/04) Page 10 of 33 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 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "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. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified Section A -- SP (Revised 12/15/04) Page 11 of 33 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 Exemption (NOT USED) Section B C 22, Tax Exemption Provioion, io deleted in its entirety and the Contracts for improvcmcnto to real property awarded by the City of Corpus Christi do not qualify for cxcmptiono of-- Sales Exc.ioc, and Uric Taxco unlcoa Section 3,291 of Chapter 3, Tax ndminiotration of Title 34, Public Finance of the Texans Aded lotrative -Cede, or ski ether ri± ee er regulationo ac may be If thc Contractor ciccto to operate under a separated contract, he ohall. 1. Obtain thc ncccooary oaleo tax permito from the State Comptroller. Other Charges" in thc propooal form the eel et materialo• p yoically incorporated into the Projcct. 3. Provide re3alc ccrtificatcc to oupp1iet. proponal value of matcra1s. muot pay for all ,Salto, Excioe, and Uce Ta*ea applicable to thin Project. Cubcontractoro are eligible for calca tax e.xemptioi- if the subcontractor rcoalc certificate to the subcontractor and the oubcontracto., in turn, A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1 Name:City of Corpus Christi 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 Section A - SP (Revised 12/15/04) Page 12 of 33 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. A -27 Responsibility for Damage Claims NOT USED Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide Builder's Risk or Inotallation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk or Inotallation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk or Inotallation Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A -28 Considerations for Contract Award and Execution 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 Section A - SP (Revised 12/15/04) Page 13 of 33 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 one hundred fifty (150) 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 Administration Staff .The Contractor shall employ for this Project,. as ..its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 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. 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 obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B- 7 -13.. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: Section A - SP (Revised 12/15/04) Page 14 of 33 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. The 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. This list may contain more than one subcontractor for major components of the work if the Contractor .has not completed :his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to 'approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 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 in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or. Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. Section A - SP (Revised 12/15/04) Page 15 of 33 A -31 . Ascended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by. the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be,.approved by the City.Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -.5 Execution of Contract add the following: 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 Manageer, 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 ) ngineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions. relating to the completion of the Project.. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Sid Meeting referred to in Special Provision A -1. 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 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) 31 Vioitor /Contractor Oricntation Prior to performing work at any City water facility, the have on thcir peroon a valid card certifying their prier- attendance at a Vioitor /Contractor Safcty Oricntation Program conductcd by the Oricntation.rrogram will be offcrcd by authorised City Watcr Dcpartmcnt peroonncl for thooc pero who do not have sueh a card, Section A - SP (Revised 12/15/04) Page 16 of 33 ion refer to Attae]nt 1. related to City water facility at any timc. All ouch items muot be the City Watcr Dcpartmcnt. C. Protection of Water Quality The City must deliver watcr of drinking quality to ito c.uctomcro at- in thc job site and shall coordinate its work with thc City Water Dcpartmcnt to protect thc quality of the water. Conformity with ANSI /NSF Standard 61 transportation, reinstallation, and inspection of pumps, or any Standard specifications. Cuch material° include all oolvent°, cleaners, lubricant°, gaokcts, peroonncl immediately prior to uoc. The Contractor shall provide thc Enginccr with copicc of written could conic into contact with potable watcr. subcontractoro, must be contained at all timco at thc. watcr facility site. Blowing trash will not be allowed. . The Contra-etor shall kccp work arcao cloan at all timco and rcmovc all trash daily. CONTRACTOR'S ON SITE PREPARATION G. Contractor shall provide tcicphonco for Contractor personnel. Plant tclephoneo are not available for Contrae-te-r. ee. I. Contractor must not use any City facility rcatrooma. Contractor Section A - SP (Revised 12/15/04) Page 17 of 33 must be cl arly labeled with company name. No private employee K. Contractor Qualifications SCADA (CUPERVICORY CONTROL ? D DATA ACQUISITION) be performed only by qualified technical and supervisory personnel, ao determined by meeting thc' qualifications 1 thru 9 be -low. This work includes, but ie not limited to, med fications, additions, changes, selections, furnishing, ine tailing, een eeting, programming, .customizing, debugging, calibrating, or placing in operation all hardware and /or oeftwawe specified or requ -±red by these opccificationa. work meet be ablc to dcmonstratc the following: 1. He io regularly engaged in the computer baecd monitoring and control system business, prcfcrably ao applied to the 2. He hap pe €o- it ed we en systems ef ee flame hie see, type, and complexity as required in this Contract on at islet three prior projects. 3. He has been actively cngagcd in the type of work cpccificd hcrcin for at least 5 years. He employs a Rcgiotcred Professional Engineer, 1. a Control perform thc work rcquircd by this opccifi ations. • C. IIe employs personnel on this Projcct who have. succcoofully completed a .manufacturcr's training course in configuring and implcmcnting thc specific computcra, RTUS''o, and ooftwarc propoocd for the Contract. C. He maintains a permancnt, fully staffed and equipped ocrvicc facility within 490 milts of the Project site to maintain., repair, alibratc, and program thc .systems opccificd herein. 7. IIc shall furnish equipment which is the p-*ednet ef e e mantiraeturcr to the maximum practical cxtcnt. Where this is not practical, all equipment of a: givcn type will bc thc product of one manufacturer_' 8. Prior performarice at thc O. N.. Stevens Water Treatment Plant will be ua ed in evaluating which Contractor or subcontractor programs thc new work for this Projcet. 9. The Contractor shall produce all filled out programming biocko required to show the'programming ae needed and rcquircd, to add thcoc two systems to the existing City CCADA oystcm. Attached io an example of -the required programming blocks which thc City requires to bc fillcdin and givcn to thc City Engineer with all nhangeo made during thc programming phase. The attached sheet io an example and Section A - SP (Revised 12/15/04) Page 18 of 33 Contractor will providc all programming block used. L. Trcnching Rcquircmcnto shall be allowed on the prof cct . 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. Reproducible: 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 identify .applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 1 Resubmittals: Contractor must required by City Engineer and since previous submittal. j• revise and resubmit submittals as clearly identify all changes made Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct Section A - SP (Revised 12/15/04) Page 19 of 33 subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED scrvation and Drought Contingency Plan as amended (the "Plan "). Thio includes implementing water conservation mco cotabliohed for changing conditiono. The City Engineer will provide a copy of the Plan to Contractor at the pry construction meeting. The Centraeter will keep a copy of the Plan on thc Project sitc throughout conotruction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this 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 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 - _ - __ -- .peretiono must not bc conducted on dayo for which an ozone advioory has been ±e -aucd, except for e-pairs. The City Engineer will notify Contractor about ozone alert. If a delay -such ao this is experienced, thc day will not bc counted as a work day and thc Contractor will bc compensated at the wit price indicated in thc proposal. Section A - SP (Revised 12/15/04) Page 20 of 33 A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: 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 -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes.. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. Section A - SP (Revised 12/15/04) Page 21 of 33 A -46 Disposal of Highly Chlorinated water (7/5/00) NOT USED disinfection, and may exceed the permisoiblc limit° for diochargc into wetland° or environmentally ocnoitive areas. Thcoc arc regulated by numcrouo A -47 Pre - Construction Exploratory Excavations (7/5/00) NOT USED and cxpooe all existing pipclinco of the project that cr000 within 20 feet of proposed pipelines of thc project and Contractor ohall ourvcy thc exact pipeline. the accurate horizontal and vertical lo ationo of said parallel pipeline° at 300 feet maximum O.C. Contractor ohall then prepare a repo -t and submit it to the City for approval elevation° of thc top of existing pipclinos Contractor shall perform no ceme-truetion work on ,thc project until all exploratory excavations have been made in their entirety, the results thereof report. repair associated with exploratory excavation° shall be paid for according to all hio own ourvcy work effort (no- separate pay) A-48 Overhead Electrical Wires (7/5/00) for exploratory excavation°. Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions,• etc., to ensure that adequate safety is provided for all 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. Section A - SP (Revised 12/15/04) Page 22 of 33 Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (&/24/04) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -SO Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the Contractor." A -51 Storm Water Pollution Prevention Plan This Project is required to have a Notice of Intent (NOI) submitted as per Part II.D of the TPDES General Permit No. TXR150000. The Contractor will be required to submit a NOI along with the appropriate fee, and complete a Construction Site Notice for this Project. The Contractor is required to provide copies of the NOI and Construction Site Notice to the. City prior to commencement of any construction activities. The Contractor is also required to post a signed copy of the NOI and Construction Site Notice at the construction site in a conspicuous location where it is readily available for viewing by the general public, local, state, and federal authorities, prior to commencement of any construction activities. The Contractor will be required to submit a Notice of Termination (NOT) upon completion of this Project. The Contractor shall adhere to the requirements of the Storm Water Pollution Prevention Plan as per the drawings and specifications contained in the Contract Documents. A -52 Electronic Proposal Form "General Provisions and Requirements for Municipal Construction Contracts" Section B-2-7 "Preparation of Proposal" is amended as follows: The bidder has the option of submitting a computer- generated print -out, in lieu of the Proposal Form (Pages 1 through 6, inclusive). The print -out shall list all bid items (including any additive or deductive alternatives) contained on the Proposal Form (Pages 3, inclusive). The print -out shall be Section A SP (Revised 12/15/04) Page 23 of 33 substantially in the form shown on Attachment II. If the bidder chooses to submit a print -out, the print -out shall be accompanied by properly completed Proposal Form page 3. In addition, the print -out shall contain the following statement and signature, after the last bid item: "(Bidder) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternatives) contained on the Proposal Form are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print -out. (Bidder) acknowledges and . agrees that the Total Bid amount shown will be read as its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown on this print -out by the respective estimated quantities shown on the Proposal Form (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) Section A - SP (Revised 12/15/04) Page 24 of 33 SUBMITTAL TRANSMITTAL FORM PROJECT: J.C. ELLIOTT SCALEHOUSE- .2009; PROJECT No. 5231 OWNER: CITY OF CORPUS CHRISTI ENGINEER: HDR ENGINEERING, INC. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL 05400 Product Data: Submit manufacturer's product information and installation instructions for each item of coldformed framing and accessories. 05400 Shop Drawings: Submit shop drawings for all coldformed metal framing used to support exterior cladding and used as loadbearing support for any floor or roof areas. 055213 Product Data: for manufacturer's product lines of mechanically connected railings. 055213 Shop Drawings: Include plans, elevations, sections, details, and attachments to other work. 05600 Manufacturer's certificates of conformance: Steel pipe and tubing 05600 Samples: May be installed in the work, provided each sample is clearly identified and its location recorded. 1)Aluminum finishes 2)Fasteners 3)Letters 4)Thresholds 5)Crosses 07100 Product Data Manufacturer's specifications and installation instructions for each product specified. 07111 Manufacturer's product data sheet and product sample. 07210 Summit product data for each type of product indicated. 07210 Product Test Results: Based on evaluation of comprehensive tests performed by a qualified agency, for insulation products. 07218 Product Data for each type of insulation product specified. 07218 Product Test Results: Performed by a qualified independent testing agency evidencing compliance of insulation products with specified requirements including those for thermal resistance, fire -test- response characteristics, water -vapor transmission, water absorption, and other properties, based on comprehensive testing of current products. 07218 Evaluation Report: Evidence of compliance of foam - plastic insulations with International Building Code (IBC), International Residential Code (IRC), International Energy Conservation Code (IECC.), International Association of Plumbing and Mechanical Officials (IAPMO). 07218 Manufacturer's certificate certifying insulation provided meets or exceeds specified requirements. 07218 Installer's certificate showing the Icynene installation certification. 07218 Sample warranty. 07250 Product Data: Submit manufacturer current technical literature for each component. Section A - SP (Revised 12/15/04) Page 25 of 33 07250 Samples: Weather Barrier Membrane; minimum 8 -1/2 inches by 11 inch. 07250 Quality Assurance Submittals: 1)Design Data, Test Reports: Provide manufacturer test reports indicating product compliance with indicated requirements. 2)Manufacturer Instructions: Provide manufacturer's written installation instructions. 3 }Manufacturer's Field Service Reports: Provide site reports from . authorized field service representative, indicating observation of weather barrier assembly installation. 07250 Closeout Submittals: Weather Barrier Warranty: Manufacturer's executed warranty form with authorized signatures and endorsements indicating date of Substantial Completion. 07920 .. Manufacturer's Product Data: Indicating compliance with requirements of . this section, including installation instructions for each type of joint sealer specified. 07920 Samples: Manufacturer's complete color range for each type of joint sealer specified. 07920 Laboratory Test Reports: Certified by Sealant Manufacturer indication compliance with laboratory testing requirements specified in this section under "Quality Assurance." 07920 Certificates from manufacturers of joint sealers attesting that their products comply with specification requirements and are suitable for the use indicated. 07920 Compatibility and adhesion test reports from manufacturer indicating that their materials have been tested for compatibility and adhesion with joint sealants. 07920 Product test reports for each type of joint sealers, indicating compliance with requirements specified. 08100 Product Data: Include construction details, material descriptions, core descriptions, label compliance, sound and fire. - resistance ratings, and finishes for each type of door and frame specified. 08100 Shop Drawings: Show fabrication and installation of doors and frames. Show anchorage and accessories. 08100 Door Schedule: Submit schedule of doors and frames using same reference number for details and openings as those on Drawings. 08100 Oversize Construction Certification: For door assemblies required to be fire rated and exceeding limitations of labeled assemblies, submit certification of a testing agency acceptable to authorities having jurisdiction that each door and frame assembly has been constructed to comply with design, materials, and construction equivalent to requirements for labeled construction. 08200 Product Data: Submit manufacturer's descriptive literature, specification, installation instructions, warranty form and other data required to indicate compliance with specified requirements. 08200 Shop Drawings: 1)Submit door schedule indicating opening identifying number, door type, grade, size, thickness, swing, label requirements and undercuts. 08200 Samples: Submit corner samples of each type of door with selected pre - finished veneer. 08652 Shop Drawings: window location chart; typical window elevations; details of assemblies and glazing details for factory - glazed units. 08.652 Product Data: manufacturer's specifications and test reports from an AAMA - accredited laboratory. Section A - SP (Revised 12/15/04) Page 26 of 33 08652 Samples: each specified finish for aluminum; other samples as requested. 08710 Product Data Submit manufacturer's technical information for each item of hardware. Show compliance with requirements, include instructions for installation and for maintenance of operating parts and finish. Include copies of DI, test data on items for fire -rated openings. 08710 Hardware Schedule: Submit final hardware schedule. Hardware schedules are intended for coordination of work. 08710 Keying Schedule: Submit separate detailed schedule indicating clearly how the Owner's final instructions on keying of locks has been fulfilled. 09260 Submit shop drawings for each drywall partition, furring and ceiling system showing size and gauges of framing members, hanger and anchorage devices, wallboard types, insulation, sealant, methods of assembly and fastening, control joints indicating column lines, corner details, joint finishing and relationship of drywall work to adjacent work. 09260 Samples: Each material specified herein, 12" x 12 ", or 12" long, or in manufacturer's container, as applicable for type of material submitted. 09260 Manufacturer's Literature: Submit technical and installation instructions for each drywall partition, furring and ceiling system specified herein, and for each fire rating and sound rating gypsum board assembly. Submit other data as required to show compliance with these specifications. 09260 Test Reports: This Contractor shall submit test report; obtained by drywall manufacturer, indicating conformance of drywall assemblies to required fire ratings and sound ratings. 09650 Manufacturer's Product Data: Submit all manufacturer's product data indicating all technical information, which specifies full compliance with requirements of this section, including installation instructions. 09650 Maintenance Data: Submit cleaning and maintenance data. 09650 Samples: 2" x 2" in size, illustrating the available colors and patterns for floor tiles, 4 " long edge strips illustrating the available colors, include maintenance procedures, recommended maintenance materials, and suggested schedule for cleaning. 09655 Product Data: Submit manufacturer's product literature and installation instructions for each type of product specified. 09655. Sample for Initial Selection: Manufacturer's sample sections showing full range of standard colors and patterns available for each type of product indicated. 09655 Product Certificates: Signed by manufacturers of resilient products certifying that each product furnished complies with requirements. 09655 Leed Submittals: Credit E4 4.1: Manufacturer's product data for adhesives, including printed statement of VOC content. 09910 Materials List: Before any paint materials are delivered to the job site, submit to Architect a complete list of all materials proposed to be •furnished and installed under this portion of work 09910 Samples: With materials list, submit copies of full range.of colors available in each of the proposed products Section A - SP (Revised 12/15/04) Page 27 of 33 09910 Manufacturer's Recommendations: Submit for the Architect's review the current recommended method of application published by the manufacturer of the proposed material. 09910 Submit data indicating that paint meets Performance Standards specified herein. 10810 Product Data: Submit manufacturer's technical data, catalogue cuts and installation instructions for each toilet accessory. 10810 Setting Drawings: Provide setting drawings, template, instructions, and directions for installation of anchorage devices in other work. 10810 Submit schedule of accessories indicating quantity and location of each item. 13120 Product Data: Manufacturer's data sheets on each product to be used, including preparation instructions, storage and handling requirements, and installation methods. 13120 Shop Drawings: Provide complete drawings for the proper identification and assembly of all building components. Show anchor bolt settings, transverse cross - sections, sidewall, endwall and roof framing, flashing and sheeting, and accessory.. installation details. 13120 Selection Samples: For each finish.product specified, two complete sets of color chips with manufacturer's full range of available colors and patterns. 13120 Verification Samples: For each finish product specified, two samples representing actual product, color, and patterns. 13120 Certifications: Shop drawings and design analysis shall bear the seal of a registered professional engineer upon request. Design analysis shall be on file and furnished by manufacturer upon request. 13120 13120 Bill of Materials: Sills of material shall be furnished and shall include item weights, if requested. Welder's Certifications: Certification of welder qualifications shall be furnished as specified by the • Project Engineer. 15050 Coordinate with Division 1 for submittal timetable requirements. 15050 . Unless noted otherwise within thirty (30). days .after the Contract is awarded the Contractor shall submit a minimum of eight (8) complete bound sets of shop drawings and complete data covering each item of equipment and material.. 15050 Submittals are required for, but not limited to, the following item: pipe material and specialties, pipe fabrication drawings, basic materials, variable air volume boxes, air handling units, cooling towers, chillers, air cooled condensing units, water treatment,' expansion compensation, variable frequency drives, noise and vibration controls, . plumbing fixtures and specialties, plumbing equipment, sanitary DWV fittings (pipe and accessories), domestic hot and cold water pipe (fittings and accessories), HVAC pipe & duct insulation, Hydronic and plumbing valves, Hydonic piping & accessories, Hydronic pumps, roof -top A/C units, heating . water•boiler, portable pipe hanger & equipment supports, duct specialties, duct fabrication drawings, air distribution devices, fan coil units, filters, fans, fire dampers & fire smoke dampers, temperature controls and control sequences, test reports, adjust reports, balance reports, testing contractor qualifications, adjusting contractor qualifications, balancing contractor qualifications, coordination drawings. Section A - SP. (Revised 12/15/04) Page 28 'of 33 15050 Contractor to submit Mechanical /Electrical equipment coordination sheet with equipment submittal for all AHU's, ACCL7's, and Fans. Provide copy to electrical subcontractor. 15140 Submit shop drawings and product data under provisions of'Division One. 15140 Indicate hanger and support framing and attachment methods. 15170 Shop Drawings: Indicate size, material, and finish. Show locations and installation procedures. Include details of joints, attachments, and clearances. 15170 Product Data: Submit schedules, charts, literature, and illustrations to indicate the performance, fabrication procedure variations, and accessories. 15170 Motor Nameplate Information: Manufacturer's name, address, Utility and operating data. 15170 Refer to Division One for additional information. 15240 Shop Drawings: Indicate size, material, and finish. Show locations and installation procedures. Include details of joints, attachments,, and clearances. 15240 Product Data: Submit schedules, charts, literature, and illustrations to indicate the performance, fabrication procedures, product variations, and accessories. 15260 .Shop Drawings: Indicate size, material, and finish. Show locations and installation procedures. Include details of joints, attachments, and clearances. 15260 Product Data: Submit schedules, charts, literature, and illustrations to indicate the performance, fabrication procedures, project variations, and accessories. 15290 Shop Drawings: Indicate size, material, and finish. Show locations and installation procedures. Include details of joints, attachments, and clearances. 15290 'Product Data Submit schedules, charts, literature, and illustrations to indicate the performance, fabrication procedures, project variations, and accessories 15410 Submit under provisions of Division One. 15410 . Product Data Provide data on pipe materials, pipe fittings, valves, and accessories. Provide manufacturers catalog information. Indicate valve data and ratings. 15440 Shop Drawings: Indicate size, material, and finish. Show locations and installation procedures. Include details of joints, attachments, and clearances. 15440 Product Data: Submit schedules, charts, literature, and illustrations to indicate the performance, fabrication procedures, project variations, and accessories: • 15440 Operation and Maintenance Instructions: Provide pre - printed operating and maintenance instructions for each item specified. Instruct and demonstrate the proper operation and maintenance to the Owner's designated representative. 15860 General: Submit the following. in accordance with Conditions of-Contract and Division 1 Specification Sections. 15860 Product Data for selected models, including specialties, accessories, and: certified fan performance curves with system operating conditions indicated, certified fan sound power ratings, motor ratings and electrical characteristics plus motor and fan accessories, materials gages and finishes (include color charts), dampers (including housings, linkage and operators), full color paint samples. Section A - $P (Revised 12/15/04) Page 29 of 33 15860 Shop Drawings: From manufacturer detailing equipment assemblies and indicating dimensions, weights, required clearances, components, and location and size of field Connections. - - 15860 Coordination drawings for roof penetration requirements and for reflected ceiling plans drawn accurately to scale and coordinating penetrations and units mounted above ceiling, show: roof framing and support members relative to duct penetrations, ceiling suspension members, method of attaching hangers to building structure; size and location of initial access modules for acoustical tile, ceiling- mounted items including light fixtures, diffusers, grilles, speakers, sprinkler heads, access panels, and special moldings. 15860 Wiring diagrams that detail power, signal, and control wiring. Differentiate between manufacturer - installed wiring and field - installed wiring. 15860 Product certificates, signed by manufacturer, certifying that their products comply with specified requirements. 15860 Maintenance data for inclusion in Operating and Maintenance Manual specified in Division 1 and Division 15 Section "Basic Materials and Methods." 15881 Product Data: Submit manufacturer's technical product data for air distribution devices including: Schedule of air distribution devices indicating drawing designation, room location, number furnished, model number, size, and accessories furnished. Data sheet for each type of air distribution devices, and accessory furnished; indicating construction, finish, and mounting details. Performance data for each type of air distribution devices furnished. 15881 Shop Drawings: Submit manufacturer's assembly -type shop drawing for each type of air distribution devices, . indicating materials and methods of assembly of 'Components. 15881 Maintenance Data: Submit maintenance data, including cleaning instructions for finishes, and spare parts lists, in accordance with requirements of Division 1. 15890 Submit shop drawings, duct fabrication standards and product data under provisions of Division One. 15890 Indicate duct fittings, particulars such as gages, sizes, welds, and configuration prior to start of work. 15890 The. Contractor shall prepare sheet metal shop drawings; fully detailed and drawn to scale, indicating all structural conditions; all plumbing pipe and light fixture coordination, and all offsets and transitions as required to permit the duct to fit in the space allocated and built. 15910. Submit shop drawings and product data under provisions of Division One. 15910 Provide shop drawings for shop fabricated assemblies indicated, including volume control dampers, duct access doors, duct test holes. Provide product data for hardware used. 15910 Submit manufacturer's installation instructions under provisions of Section 01300, for fire dampers and combination fire and smoke dampers. 15950 Shop Drawings: Indicate operating data, system diagrams, wiring diagrams, and description of operating sequences. Include sizing of components as requested. Section A - SP (Revised 12/15/04) Page 30 of 33 15950 Product Data: Provide data for each manufactured component. 15950 Samples: Submit two of each exposed thermostat and humidistat type. For approval by the Architect. 15950 Operating and Maintenance Instructions. Include relevant instructions. 15990 Name of selected AABC or NEBB certified firm shall be submitted to the Engineer for approval within 30 days after contract award. 15990 Within 30 days after award of contract, the TAB firm shall submit for approval on organizational chart and proof of current certification which shall identify all AABC or NEBB certified Supervisors or Specialist. The TAB firm shall submit company resumes listing personal and project experience in air and hydronic system balancing. TAB firm will also provide information showing successful completion for three similar scope projects for which the firm is being considered. 15990 within 30 days after award of contract, TAB firm will submit for approval the name of the TAB Specialist and /or Professional Engineer, who will have direct supervision of all TAB related labor through completion of the project. • 15990 Within 30 days after award of contract, but prior to TAB field measurements, the TAB firm shall submit sample reports forms, which shall include minimum data required by either the AABC or NEBB National Standards. 15990 Within 15 days of notification of approval of TAB firm and TAB Specialist by Engineer, TAB firm shall conduct a Design Review of contract drawings and submit a Design Review report. 15990 Proposed date and time for execution of Systems Readiness Inspection shall be submitted no later than 7 days prior to inspection. 15990 Proposed date and time to begin field measurements, making adjusting, ext., for the TAB report, shall be submitted with the Systems Readiness Inspection Report. 15990 Six (6) copies of the completed TAB report shall be submitted for approval no later than 7 days after the execution of TAB. 15990 Proposed date and time to begin TAB Completion Verification, shall be submitted with the TAB Report. - Six (6) copies of TAB Completion Verification Report shall be submitted no later than 7 days after execution of TAB verification. 15990 Proposed date and time for execution of Opposite Season Inspection shall be submitted no later than 7 days prior to inspection. 16010 Submit in accordance with Section 01300 except as otherwise stated. 16010 Within 30 calendar days after award of contract, the Contractor shall submit seven (7) sets of drawings and data as described herein for Engineer approval. 16010 Submittal data shall be bound in a 3 -ring binder with dividers and include a cover and table of contents with the Contractors name as well as the name of the project. All data shall be divided by specification section. 16010 One complete submittal of drawings and data shall be made for all required items. 16010 Record Data: Provide seven (7) sets of record data books containing: certified as- builts shop drawings for all fabricated equipment, approved product data for all items required in Paragraph 1.09A, spare parts list, test records. Section A SP (Revised 12/15/04) Page 31 of 33 16010 Record Drawings: Provide one (1) set of project record drawings marked neatly and legibly in colored pencil to show any significant deviation between actual conditions and original design layout. 16010 Operation and Maintenance Data: Provide seven (7) sets of manufacturer's operation and maintenance data on equipment and components. 16060 Procedure: Submit in accordance with Section 16010 16060 Product Data: Submit for grounding conductors, ground rods, clamps, connectors, wells and insulating materials. Approved, as listed above. 16060 _ Record Data: Test Reports 16075 Procedures: Submit in accordance with Section 16010 16075 Product Data Submit for each type of product used on project. 16075 Schedules: Nameplate engraving schedule. 16123 Procedures: Submit in accordance with Section 16010. 16123 Product Data: Approved, as furnished data as listed above. 16136 Procedure: Submit in accordance with Section 16010 16136 Product Data: Submit for each type of conduit, fitting, connector, pull and junction box, and wireway used on the project. Approved, as furnished data as listed above.. 16140 Procedures: Submit for approval and record purposes in accordance with Section 16010. 16140 Product Data: Submit for each type of device used on the project. 16441 For Review /Approval: Procedure: Submit in accordance with Section 16010, and as stated herein. Submit to the Engineer: master drawing index, dimensioned outline drawing, conduit entry /exit locations, switch ratings (including: short - circuit rating, voltage, continuous current), fuse ratings and type, cable terminal sizes. 16414 For Information: Submit when requested by the Engineer: descriptive bulletins, product sheets. 16414 For Closeout: Final as -built drawings and information for items listed in section 1.04 16442 For Approval: Procedure: submit in accordance with Section 16010, and as stated herein. 16442 For Approval: Product Data: descriptive bulletins, enclosure outline drawing with complete dimensions, breaker layout drawing, component list, conduit entry /exit locations, assembly ratings (including: short- circuit current, voltage, continuous current), cable terminal sizes, installation instructions. 16442 Record Data: submit in accordance with Section 16010, and as stated herein. Final (as- built) drawings and information for items listed in Paragraph 1.03. Installation, operation and maintenance instruction. Spare parts list. Procedures: Submit in accordance with Section 16010, and as stated herein. 16510 Product Data: Describe fixtures, lamps, ballasts, and emergency lighting units. Arrange product data for fixtures in order of fixture designation. Include data on features and accessories. Outline drawings of fixtures indicating dimensions and principal features. Electrical ratings and photometric data with specified lamps and certified results of independent laboratory results. Data on batteries and chargers of emergency lighting units. Section A - SP (Revised 12/15/04). Page 32. of 33 16510 Shop. Drawings: Detail nonstandard fixtures indicating dimensions, weights, methods of field assembly, components, features, and accessories. 16510 Supplies: Submit sample of fixture if different than specified. 16510 Miscellaneous: For substitutes only, product certifications signed by manufacturers of lighting fixtures certifying that their fixtures comply with specified requirements. 16510 Warranty for rechargeable battery. 16510 Coordination drawings for fixtures that require coordination with other equipment installed in the same space. 16671 Submit shop drawings and product information for approval and final documentation in the quantities listed according to the Conditions of the Contract. 16671 Submittals shall include UL 1449 Listing documentation verifying: 1.Short Circuit Current Rating(SCCR) 2.Voltage Protection Ratings(vPRS) for all modes 3.Maximum Continuous Operating Voltage Rating(MCOV) 4.1- nominal rating(I-n) 5.Type 1 or Type 4 Device Listing 16671 Submittals shall include shop drawings including manufacturer installation instruction manual and line drawings detailing dimensions and weight of enclosure, . internal wiring diagram illustrating all modes of protection in each type of SPD required, wiring diagram showing all field connections and manufacturer's recommended wire and breakers sizes (if required). 16671 Upon request, an unencapsulated but complete TVSS shall be presented for visual inspection; proprietary technology included. MOV type and quantity shall reflect kA ratings on cutsheets, verification of diagnostic monitoring, thermal and overcurrent protection, etc. Section A - SP (Revised 12/15/04) Page 33 of 33 I' I r--, A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 26TH day of APRIL, 2011, 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 Elite General Contractors, LLC termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $192,000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: J.C. ELLIOTT SCALEHOUSE 2009 PROJECT NO.5231 (TOTAL BASE BID: $192,000.00) 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, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B --6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 150 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 ATTEST: City Secretary APPR• • AS TO GAL FORM: By: Asst. C y Attorney :ATTEST: (If Corporation) (Seal Below) 4„/ (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF C RPUS C ISTI By: ✓4S Juan Perales, Jr.,P.E. Assistant City Manager Engineering /Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Elite General Contractors.; By: Title: c:Ce S 23 GREAT LAKES DRIVE (Address) CORPUS CHRISTI, TX 78413 (City) (State)(ZIP) 361/765 -7080 * 361/980 -0865 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 I'�2DI1 -1DI- C f OIL., AUTHORIZE .�.. SECRETARY SY- P R O P O S A L F O R M F O R J.C. Elliott Scalehouse -2009 Project No. 5231 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 6 P R O P O S A L Proposal of 6.p Ai YA � Place: Date: a Corporation organized and existing under the laws of the State of 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: J.C. ELLIOTT SCALEHOUSE -2009 PROJECT NO. 5231 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: Proposal Form Page 2 of 6 I II III .1V V ITEM QTY Description Unit Price Total 1 1 LS Demolition of existing scalehouse and construction. of new scalehouse, including plumbing, electrical, ramp, railing, and trench safety in accordance with the specifications, complete and in place per Lump Sum $ in pd b _ TOTAL BASE BID: STATEMENT OF QUALIFICATIONS: This section will be used by the Owner and Engineer for evaluations of the proposals and for Bid Award. The Contractor and subcontractors shall be qualified and experienced in the performance of the work as described in the Special Provisions, Item A -30. The following statement shall be filled out in order to demonstrate' compliance with the qualifications and experience requirements. All questions shall be answered and the data given must be comprehensive. This statement must be submitted with the "Proposal ". If "necessary, questions may be answered on separate attached sheets. Do not attach general advertising and marketing literature; non - relative materials will not be considered as part of the proposal. 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. 56 of the highest amount bid, is to become the property of the City 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. Proposal Form Page 3 of 6 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 150 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) : `1t��` e Respectfully submitted: Name: E`4 ,�c�� By: (SEAL - IF BIDDER IS {SIGNATURE)" — a Corporation) Address: 2.3 G — (P.O. Box) ' (Street) f.:> 4Vii 7 )C ,fir 1 (City) (State) ` (Zip) Telephone: 3 -- 70 t- NOTE1 Do not detach bid from other papers. Fill ih with ink and submit complete with attached papers. Proposal Form _ Page 4 of 6 (Revised August 2000) PERFORMANCE BOND Bond No.: 5104566 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Elite General Contractors, LLC of NUECES County, Texas, hereinafter called "Principal ", and SureTec Insurance Company , a corporation organized under the laws of the State of Texas 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 ONE HUNDRED NINTY -TWO THOUSAND AND NO /100 ($192,000.00) 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 26TH of APRIL , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: J.C. ELLIOTT SCALEHOUSE 2009 PROJECT NO.5231 (TOTAL BASE BID: $192,000.00) 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 P E R F O R M A N C E BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: -- COUNTY OF NUECES § THAT Elite General Contractors, LLC of NUECES County, Texas, hereinafter called "Principal ", and a corporation organized under the laws of the State of 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 ONE HUNDRED NINETY -TWO THOUSAND AND NO /100 ($192,000.00) 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 26TH of APRIL , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: J.C. ELLIOTT SCALEHOUSE 2009 PROJECT NO.5231 (TOTAL BASE BID: $192,000.00) 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 copies, each one of which shall be deemed an original, this the 3 day of May , 20 11 . PRINCIPAL Elite General Contractors, LLC By: (Pri�rti (42. --,) s t Name & Title) ATTEST //4g; dcD ;r , LE•G- etc zoo ddo (Print Name & Title) SURETY SureTec Insurance Company By: Gunick, Attorne in -fact Kerry Woods (Print Name) The Resident Agent of the Surety In Nueces County, Texas, for delivery of notice and service of process is: icy: Keetch & Associates Contact Person: Kevin Keetch Address: P. O. Box 3280 Cor. us Christi TX 78463 -3280 Phone Number: 361- 883 -3803 (NOTE: Date of Performance Bond must not be prior to date of contract)(Rev.i.sed 3/08) Performance Bond Page 2 of 2 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Proj ect Name /No.: Various Projects Surety Company: SureTec Insurance Company Gentlemen:. i J Lindey Jennings (name of Officer of surety} f hereby certify. that the facsimile power of attorney submitted by • Kerry woods (Attorney -In -Fact) for Elite. General Contractors, LLG (Contractor), a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering, Services Attri; Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78459 -9277 Signed this 16th • day of Name: Lindey Jennings Title: Vice President Sworn and subscribed to.. before. me on this 20 11 . (Revised 9/03) 16th day of May du, Notary Pu 1.ic State of Texas My Commission Expires: '3- .5(/'S ATTACHMENT 1 1 OF 1 IPOA #: 4221054 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly 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 Betty Baxter, Donna Kauf, LeeAnna Biesenbach, Kevin G. Keetch, Kerry Woods, Trade Henderson, Lonna Pokrant its true and lawful 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 for: Three Million and 00/100 Dollars ($3,000,000.00) 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 Attomey -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2012 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -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 or terminating 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 the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal Dille Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. y: r State of Texas ss: � County of Harris r 'r On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and 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 knows 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 like order. ▪ r ?�,,.� JACQUELYN MALDONADO Notary Public, State of Texas My Commission Expires May 18, 2013 ▪ H,IG4l acq ely aldo ado, Notary Public y comm Sion e s May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, 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 still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 3 day of MaY 2011 , A.D. M. Brent Beaty, Assistant. Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:03 pm CST. 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 & 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 a 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 copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney -in -fact (Print Name) r-- The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: f L.. Agency: Contact Person: Address: Phone Number: 7 (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 3/08) Performance Bond Page 2 of 2 STATE OF TEXAS S COUNTY OF NUECES S PAYMENT BOND Bond No.: 5104566 LOFT ALL BY THESE PRESENTS: THAT Elite General Contractors/ LLC of NUECES County, Texas, hereinafter called "Principal", and SureTec Insurance Company a corporation organized under the laws of the State of Texas 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 ONE HUNDRED lawful money of the United States, to be paid Nueces DCounty, NINETY -TWO THOUSAND AND NO 100 000.00) ! COUntj7, 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 26TH day APRIL , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: J.C. ELLIOTT SCALERp sE 2009 PROJECT NO.5231 (TOTAL BASE BID: $192,000.00) NOW, TORE, 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 PAYMENT BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Elite General Contractors, LLC of NUECES County, Texas, hereinafter called "Principal ", and a corporation organized under the laws of the State of 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 ONE HUNDRED NINETY -TWO THOUSAND AND NO /100 ($192_,000.00) 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 26TH day APRIL , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: J.C. ELLIOTT SCALEHOUSE 2009 PROJECT NO.5231 (TOTAL BASE BID: $192,000.00) 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 copies, each one of which shall be deemed an original, this the 3 day of May , 2o 11 . • PRINCIPAL Elite General Contractors, LLC By: (Print ame & Title) ATTEST e,Z° - -7% d) (Print Name & Title) SURETY SureTec Insurance Company By: j9A+ k)Ot7k A ct Kerry VVoocis (Print Name) The Resident Agent of the Surety in N`ueces County, Texas, for delivery of notice and service of process la: Agency: Keetch & Associates Contact Person: Kevin Keetch Address: P. O. Box 3280 Corpus Ch risti, TX 7846-3-280 Phone Number: 361- 883 -3803 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 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 copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney -in -fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is Agency: Contact Person: Address: Phone fiber: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 SUPPLIER NUMBER �...tir ro BE ASSIGNED BY CITY City of PURCHASING DIVISION Cous Cry ti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms .seeking to do business with the City to provide the following information. Every question must be answered_ If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: E;.�� P. O. BOX: G-rf STREET ADDRESS: CITY: C , C ZIP: `c9 /3 FIRM IS: 1. Corporation 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. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "fu-m." Name Inc% .v Job Title and City Department (if known) 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 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 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 e_ Proposal Form Page 5 of 6 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in _ the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)A CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: © Title: fY�sr' (Type oennt) Signature of Certifying Person: DEFINITIONS Date: 3/ a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not Iimited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in.a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g• "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form Page 6 of 6 OP ID: AF '°t`C1., ---- P CERTIFICATE OF LIABILITY INSURANCE DATE /20/11 05120/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. IF SUBROGATION, IS WANED, subject to the terms- and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certfcate. holder ln lieu of such endorsementts!. PRODUCER Keetch & Associates Insurance 3Ei- 883 803 P. O. Box 3280 361- 883 - 3894 Corpus Christi, TX 78463 -3280 Kevin G. Keetch LAM L At: l PHON - Wc°�"%%, EMI_ 1 fkLcX. No: E NL PRODUCPRODUC 1 ER Ei-iTE cusrtoMteR� 1: INSURER(S) AFFORDING COVERAGE NAIL i INSURED Elite General Contractors, LLC 23 Great Lakes Corpus Christi, TX 78413 _INSURER INSURERA: First Mercury Insurance X INSURERS : Texas Mutual Insurance Company FMTXOO7502 INsuRERc :Union Standard Insurance Co 06/01/11 ./ INSURER D : Zu rich Insurance Group $ 1,000,00! INSURER E: Texas Windstorm Ins Assn DAMAGE E I S0 a o cur PREMISES (Ea occurrence) :F.• . • • eelndnir uliuee�. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES: LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. J TSRR TYPE OF IN CE AMR S n POLICY NUMBER POLICY EFF IMHIDDIYYm POLICY EXP IMMIDDIYVYYL UHF'S A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR X X FMTXOO7502 06/01110 06/01/11 ./ EACH OCCURRENCE $ 1,000,00! X DAMAGE E I S0 a o cur PREMISES (Ea occurrence) $ 50,00( ■. CLAIMS -MADE X MED DT (Any one person) $ 5,00C ■ PERSONAL & ADV INJURY $ 1,000100( ■ GENERAL AGGREGATE $ 2,000,00( GENT_ AGGREGATE UMW APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00( POLICY 11C I !Pi- LOC $ C AUTOMOBILE III UABLLITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X .r X CAA4350349 06/01 /10 06/01 /11 • COMBINED SINGLE LIMIT (Ee accident) $ 1,000,00C BODILY INJURY (Per person) $ BODILY INJURY [Per accident) $ PROPERTY DAMAGE (Per accident) $ © pi $ $ A UMBRELLALIAB EXCESS UPS X OCCUR CLAIMS -MADE CETX001831 ✓ 05/09V111 06/01/12 / EACH OCCURRENCE $ 1,000,00( ■ AGGREGATE 1,000,00C $ ■ DEDUCTIBLE RETENTION $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRETORlPARTNER/EXECUFIVE Yf N OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) If yes. describe under 1== -IPTION OF OPERATQNS below N 1 A X SBP0001099045 I 06101/10 06/01(11 "" X I TORY LIMITS I I ER E. L. EACH ACCIDENT $ 1,000,00( E.L, DISEASE - EA EMPLOYEE $ 1,000,00( E.L. DISEASE - POLICY LIMIT $ 1,000,001 192,001 192,00E D E Builders Risk Ind Bu6ders Risk BR70250271 / 1928196033 J 05105/11 05109/11 05/05/12 111091111 IHalue Value DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additions Remarks Schedule, If mare space 1s required) J.C. Elliott Scalehouse 2009 - Project 115231. City of Corpus Christi is additional insured on GL, AL, and Builders Risk as required by written contract. Waiver of subrogation included on GL, AL, and WC as required by written contract. Builders Risk policies include City of Corpus Christi es I[1Lgs ewe_ CERTIFICATE HOLDEN CICO-CC City of Corpus Christi Engineering Services Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Cfktirra WN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE VALL BE DELWERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATTVE kwu ACORD 25 (2009109) @ 1998 -2009 ACORD CORPORATION. All rights reserved. The ACORD narne and logo are registered marks of ACORD Elite. General. Contractors .1-L• ootploo 06/01/11 COMMERCIAL GENERAL LIABILITY FMTX007502 :C0-120 33 07 -04 MS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ■,/ ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsementmodifresinsurance provided uncler•he following: ConilmMdiAL GENEIUL LIABILITY COVERAGE PART A. Section II — Who. is API, rOSured is,,atliOnde0 to jii:Ourio as an additional insured any -person Or Or- ganization or are performing operations when you and such person or organiation have agreed in Writing in a OM-Area or agreement that 6,u6h 1;04-15ii or ,cktighizatiOn be added as addi- tional insured in your :0311ty. :t.uott person or or- ganization is an additional insured only with re- spect to liability for 'bodilY injury", ":property damage or "personal and advertising Injury" caused, In'Whele :Of In pert, by 1,„ Youracts-cr omissions; or Z The acts -orcinissions of those acting On your behalf; in the .poTterrnanoe of your ongoing operations for the additional:insured. kpersonS pr :organization's status as •an additiOnal insured. Under .this endorsement ends when your operations :for that additional insured are com- pleted, B. W:ith .respect to th:e insurance afforded to: these additional 111Si:weds, the following additiOnal eoelu- sions OPPIY: This insurance does net apply 1. "Bodily injury", "property damage' or "personal, and -advertising .arieinfl out of trie.:render- ing of or the failure to render, any professional architectural) engineering or surveying •ser- vices, •including: a, The preparing, approving,: or tailing to pre- pare of approver maps, shop drawings, opinions, reports, surveys, field orderS, change orders or drawings and eerilica-, helps; or b. Supervisory, inspection, architeettiral or engineering aotivities. g, "Bodily injury" or KproPertY damage occurring after: a. All Work incIndinc materials , parts Or equipment furnished in connection with such work, on the project (other than ser- vice, Maintenance or rrepoire) to be per- formed by or on behalf of the additional in- sured(s) at the kicatieri .of the tovered operations has been cornpleted, or b. That portion of "your work" out of lArbioh.the injury or damage arises has been put to its Intended Use by any perto.n orgerrizatiOn other than another contractor or aubccintmc- tor engaged in performing .operations for a principal as a part of the same -project. CG 20 33 07 04 OD ISO Properties, Inc„ 20U4 Page:1 of 1 0 Elite General Contractors LI_C 06101/10 - 06/01/1-1 001_lerisit)MBtkPAOX0075(12 COMMERCIAL GENERAL LIABILITY CG 20 :37 07114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR V CONTRACTORS - COMPLETED OPERATIONS This endOrsernent modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s). Orbrganization(s) Location And Description Of Completed OPerations, Prly, person or organization, truStee, estate or . gOVern meat entity to Whom or to which the Named insured iso bligated, by virtue of Often opntraot to provide Insurance, Stich As Is Oforded BYthls PelieY. The insurance afforded to tneee.adOltiollei insured's does not apply to "bodily injury' or4OrOPertY damage" arising " Wo Out Of "your rrthat hoe been czeigleted in or for you Oar to The 8/0112009. InfOnatiOn`reOuired to complete thisStbedlile, if not above, will be.shown-in the Dediaratiene. — Section 1.1 in An insured is amended to include as an additional insured the person(s) or organization(s) SiTOWfl irrthe'Schedule, but only with respect to liability for "bodily injury" or "property dam- age" cowed, in whole or in part, by "your work at the lopatibri designated and described in the sched- ule of thus endorsement performed for that additional insured and included in the "products-completed operations:hazard". CG 20 3707:04 0-180 Properties, Inc., 20.04 Page T of 1 Elite General :Contractors LLC 06/01/10 - maim POLICY NIMIBER:FMTXQQ7502 COMMERCIAL GENERAL. LIABILITY CG 24 04 1093. THIS ENDORSEMENT CHANGES THE • POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US : T 'S andorsetterit males instirante • provided underthefollowitig: .COMMERCIAL GENERALLIABILI1Y COVERAGE PART SCHEDULE Name of Person or Organization: Any--,peison or organization, trustee, estete-orgovernitient entity to wilfirti or to which the Darned insured is obligated, by virtue of written contract to provide Insurance, Such As Is Afforded This Policy. 41f:no,erftry appears above, information required to •complete this endorsement will be shown in the Declarations as Sp•liceble tOthis endorsement ) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -- COMMER- CIAL GENERAL LIABILIrt CONDITIONS) is amended bythe addition of The f011oWing: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of Payments we make for injury or damage arising out of your ongoing operations or your work" done untfer a contract with that person or organization .and included in the "products-completed operations hazard'. This Waiver a ppli es Only. to:the person or organigation Shown in the. Schedule above. CO 24 04 10 92 Copyright, Insurance. Services Office, Inc, 1992 Pada•1 01 1 General 'Contractors LLC CAA435034911 06/01/10 - 06/01/11 BUSINESS AUTO COVERAGE CL CA 20 14 01 '07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS. A:UTO .ADVANTAGE ENDORSEMENT ThisendOrSerrient linOdifieSinsurancoVrovided underthe following: eLmittess AUTO COVERAGE FORM With reSpect:to coverage provided by this ondorsernent, The provisions of the Coverage Form apply unless Matti- fled by the endorsement. SUMMARY OF COVERAGE EXTENSIONS Para, graph No. Name Of Extension Limit or Included A. Additional -Insured" ray Contract Or Agreement included B. -Airbags Coverage Extension Included C. Electronic Equipment Coverage Extension $1,000 D. Employees As Insureds Included E. Employee Hired .Autos Included F. Hired Auto Physical Damage Coverage (Limited) $50,000 G. Knowledge Of AcCident, Claim, Suit, Or Loss Included H. Limited FellowErnoloyee Coverage Included I, Limited Loan/Lease Gap Coverage $1,500 J. Limited Rental Reimbursement :Coverage 45 Days SUblirnits: 1. $50 Maxitinum Per Day —Private Passenger Auto 2. $75 Maximum Per Day — Other Than Private Passenger Auto 3. $2,250 Maximum Per Covered Loss K. NeWIy formed Or Acquired Organizations Included L. Supplernentary Payments — Increased Lirnitt: 1. Sail Bonds $3,000 2. Lots Of Earnings (Per Day) $1,000 M. Towing And Labor Coverage Extension $75 N. Waiver Qf Subrogation .By Contract Or Agreement Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. If there is a conflict between this summary and the endorsement provisions that follow, the endorsement provisions shall prevail. CL CA 20 14 01 07 includes copyrighted material of Insurance Services Office, Inc., Page 1 of -7- with its. permission. A. ADDITIONAL. INSURED BY CONTRACT OR AGREEMENT With respect to Section II - Liability Coverage, Oaragraph Who Is :an Insured is amended to include as an additional insured any :person or organization for covered utoo.' (other than the owner or anyone else 'from vihom you hire of borrow.. .a covered “auto") when you and such Person or organization have agreed in writing in a contract or agreement that such person or or- ganization be added as an additional insured on your policy. The insurance provided to such additional in- sured is subject to the following additional provi- sions: 1.. Such person .or organization is an additional insured only with respect to their vicarious tegal .responsibility for "bodily injury!' or 'property damage' specifically. Caused, in whole or in part, by the operation or use of a covered °auto" by a person for whom Liabil- ity Coverage is provided under this policy or coverage part, and then only to the extent of that habilitY. 2. Such person •or organization is not an addi- tional insured for any covered ``auto" owned by hired from, or borrowed from such per- son or organization. 3. Such written contract or agreement must be •executed prior to, and be in effect at the time of, the covered "bodily injury" or "prop- erty damage". 4. Paragraph H. "insured Contract" contained in Section V—Definitions is .changed to add subparagraph d. to-the end of•that defi- hitibn, as. f011oWs: An "instired contract' does not include that part of any contract or agreement: d. That pertains to the ownership, Mainte- nance .or use of an "auto" and which in- demnities a person or organization for other than the Vicarious liability of such person .or organization fOr ulbodily injury" or 'property damage" specifically caused, in whole or in part, by your op- eration or use of a covered "auto". 5. Paragraph. A.1. Who Is An Iflsured con- tained in Seaton II – Liability Insurance, arnerided todelete subparagraph c. B. • AIRBAGS COVERAGE .EXTENSION Exclusion •.3.a. contained in Section 111 – Physical Damage Coverage does not 'apply to the unintended discharge of an airbag. However, coverage is excess over any other colleCtible insurance or warranty specifically designed to provide coverage. G. ELECTRONIC EQUIPMENT COVERAGE EX- TENsioN The following is added to Paragraph A.4. Coverage Extensions contained in Settion: III - Physical Damage Coverage: Physical Damage Coverage on a covered "atite also applies to "lots" to any •leCtronic . equipment that receives or transmits: audio, visual or data signals and that is not designed solely for the reproduction of sound, subject to the -following additional provisions: 1. This coverage applies only if the equiPmerit is permanently installed in the covered "auto" at the time of "loss" or the equiprrient is rernovable nom a routing unit which; is permanently installed in the .covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use .of the power from the "auto's" electrical system, in or upon the covered "auto". 2. Coverage also applies to antennas and other accessories necessary for the use •of the .electronic equipment described in paragraph C.1. above. 1-1Owever, this does• not include tapes, records or discs. The most we will pay for all "loss" to such audio, visual or data electronic ,equipmerrt and any accessories used with That equip- ment as a,result Of any one "accident" is the lesser of: a. The actual cash value of the dor-fogad or stojen electronic equipment and/Or its accessories as of the time of the "loss".; b. The cost .of repairing or replacing the damaged or stolen electronic equipment andfor its accessories with other equip- ment or accessories of like kind and quality; or c. $1,000. The insurance afforded by this provision does not apply to any equipment for Which Audio, Vis- ual, and .Data EfectroniC Coverage, or any simi- Ir or equivalent coverage, has been provided by •a separate endorsement issued by us and made a part of this coverage part or policy. CL. CA 20 14 01 07 Includes copyrighted material of Insurance Services Office, Inc., Page, 2 of. 7 with its. perrnitsion. (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) ENDORSEMENT #3 This endorsement, effective on 05/09/2011 (DATE) Policy No. FMTX007502 of the Issued to Elite General Contractors, LLC By CoverX Corporation at 12:01 A.M. standard time, forms a part of FIRST MERCURY INSURANCE COMPANY (NAME OF INSURANCE COMPANY) Authorized Representative Per the attached Form CVX- GL -5039A (02/09) - AMENDMENT -30 DAYS NOTICE OF CANCELLATION -CERT HOLDER, it is agreed one 30 Day Notice of Cancellation endorsement is added to the policy in favor of City of Corpus Christi PO Box 9277 Corpus Christ, TX 78469 (All otherterms and conditions remain unchanged.) GU 207 (Ed. 6-78) Page 1 of 1 Processed Date: 05/18/11 10:27:44 AM Print Date: 05/18/11 10:42:19 AM COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - 30 DAY NOTICE OF CANCELLATION TO CERTIFICATE HOLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is agreed, as respects the Policy, thirty (30) days notice of cancellation, except as respects non-payment of premium, for which ten (10) days notice will apply, will be given as respects the following certificate holder(s): City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective Policy No. FMTX007502 Named Insured CVX- GL -5039A (0212009) Endorsement No. Countersigned by (Authorized Representative) COMMERCIAL AUTO C.A. 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS - CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below; Endorsement Effective 05/09111 Policy Number CAA435034911 1 / / Named Insured Elite General Contractors Countersigned by Number of Days' Notice 30 Name Of Person Or Organization City of Corpus Christi v SCHEDULE Address PO Box 9277 Corpus Christi, TX 78469 If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule: We will give the number of day's notice indicated in the Schedule. (Authorized Representative) CA 02 44 06 04 ISO Properties, Inc., 2003 Pape 1 liXaS WORKERS' COMPENSATION D EMPLICY LOYERS ut LIABILITY INSURANCE ANPO insuranaeCempany TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT WC420601 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 Vf P.Q. Box 9277 Corpus Christi, TX 78469 -9277 This endorsement changes the policy to which it is attached effective on the inception dale of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 05109/1 1 V Policy No. SBP- 0001099045 20090601 of the Texas Mutual Insurance Company Issued to ELITE GENERAL CONTRACTORS LLC at 12:01 A.M. standard time, forms a part of Premium $ 0.00 WC420601(ED. 144) Endorsement No. 1 AGENT'S COPY Authorized Representative TexasMutuar lisuninceCay WC990301 GENERAL CHANGE ENDORSEMENT The policy to which this endorsement is attached is amended as shown below: Added WC420601 (Texas Material Change Endorsement) in favor. of: City of Corpus Christi This endorsement changes the policy to which it is attached effective on the Inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be cometed only when this endorsement Is issued subsequent to preparation of the policy.) This endorsement, effective on 05/09/11 at 12:01 A.M. standard time, Forms a part of V Policy No. SBP- 0001099045 20090801 of the Texas Mutual Insurance Company Issuedto ELITE GENERAL CONTRACTORS LLC Premium $ 0.00 WC990301 (ED. 1.94) Endorsement No. 1 Authorized Representative ** ** lkisuriiteCempiey WORKERS' MPENSATIONIAND EMPLOYERS. LlATAILITY INSURANCE POLICY WC '42' 03 04A TEXAS WANEROF OUR RIGHT TO RECOVER FROM 'OTHERS: ENDORSEMENT endorsement applies -only to, the insurance provided -by the policy because Texas is shown in Item 3,A,, 4:4 the Information f!agfa. We have the right to reCOVer.otir payments frorn anyone liable for an Wilily covered bylbis policy. We wilt netenforce otir right against the person or :Organization named in the •SChedule, but INS waiver applies only with respect to bodily injury ailing out of the operations iletOribect In :the Sdhedule where, you are required by a written contra 10 obtain this. waiver frt uS. IfifgliatntOriligiitr.staltri:ot:tojjeratPliitedly Miiitedly t� beriefitanyone not rioned in the Scheduler. The premiurn for this endOrsernent IS $nown, in the Schedule. Schedule 1 ( ) Spedfic Waiver Name -of person or organization ( ) Blanket Waiver Any person or organization for whom the Named insured has agreed by written. contract:to furnish this, waiver. 2.. Operations: ALL TEXAS OPERAT IONS 3. Premium Trit preitiurn priaige fOr thisendorsement snail De 2.00 percent of me premium developed On payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium Met LIDEt , SEE •INFORMATION PAGE This endorsement changesthe poNqto whiciv:it is attached effectivevrulhe inception date. of tho poky anima different daleis indicated below. (Thesoiwring "attaching clausenpialr:be complettedonly wheal* endarsemerti i issued to .preparation of-thepalici) entIcirsement, eifeciiVe on at 1:2:61 A,M. standard :tittle, forms a pan of Policy N sap—eon 1114604S 20 1 0060 i °One Texad- Mutual insu ro nue Company NSUOCrtiP ELITE ..GENERAL CONTRACTORS Lip WC420304A (E0. 141400) 1 I NSURED S CoP Endorsement No. Authorized Representative LWAVORS 0-01-20:10 Texas Windstorm Insurance Association TWIA WEB APPI:ICATION FOR WINDSTORM & HAIL INSURANCE T W 1 A Application # 192819E-03 Commercial Application Any handwritten NAME OF INSURED AND MAILING Elite General Contractors 23 Great Lances Drive Corpus Christi, TX 78413 POLICY TERM REQUESTED Agency Personnel who may he -3 premium bearing changes will VOID ATTACH CHECK OR MONEY ORDER FOR NET PREMIUM Uc 519111 1P9/11 this application and cause it to be returned. + SURCHARGES TO APPLICATION iNstntho S AGENTS NAME AND MAILING ADDRESS Keetch & Associates Insurance - P.O. Box 3280 Carpus Christi, TX 784633280 TM Lic AT 1666 12:01 A.M. Standard Time At The Location Of Property Inception Expiration contacted concerning this application Annie Foley l (361)883-3803 1 PERILS Is this policy premium &na meed? If yes, Attach Farm 151A 'TOTAL INSURANCE TOTAL AMOUNT DUE WINDSTORM & HAIL ONLY No $192.000.00 51,244.00 MORTGAGGEE l LOSS PAYE Loss Payee City Of Corpus Christi P.o. Box 9277. Corpus Christi. TX 78469 i Item No. Coverage 1 A/S Property and Form Description Coins % I Deductible Limit Of Liability Premium A Property Description: J.c Elliott Sealehouse $ 1,920.00 $ 192,000.00 51,244.00 7001 Ayers Street, Corpus Christi, Nueces County, TX 78415, Complex: N/A. Addition: WA, Lot: N/A, Block: NIA. Section: NIA Underwriting Delaib: Stories: 1, Roof: Metal, Construction: Brick, , ECV: 3192,000.00, ERC: 5192.000.00, Area; 750 sq. ft., Inside City Limits at time of Construction: YES Dates of Construction: Structure : 051.10/2011 Additions: None Repairs: None Companion Policy Type: None Companion Policy Company: Zurich American Insurance Company Builders Risk Form 21 End of Items Schedule Total Premium: 51,244.00 Total Surcharges: $0.00 Tonal Premium + Total Surcharges: 51,244.00 5700 South MoPac Expressway, Building E. Suite 530. Austin, Texas 78749 Page 1 of 2 P.O. Box 99090, Austin, Texas 78709 -9090 Application # 1928196 -03 -3 512-899-4900 / Fax 512 - 894.4950 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number 1 POLICY NUMBER 1 BR70250271 POLICY CHANGES EFFECTIVE From 05/20/2011 To 05/05/2012 COMPANY American Zurich Insurance Company NAMED INSURED Elite General Contractors LLC J 23 Great Lakes Drive ,/ corpus Christi, TX 76413 AUTHORIZED REPRESENTATIVE 10EEI GH 8� ASSOCIATES PO BOX 3280 CORPUS CHRISTI, TX 76463 -3280 #18744649 COVERAGE PARTS AFFECTED Builders Risk Coverage CHANGES The following changes were . made to the policy: Additional Premium: $0.00 The 'Policy Premium' shown in the Declarations is unchanged. $499.00 City of Corpus Christi I 1201 Leopard Street Corpus Christi, TX 78401 1L12011185 Authorized Representative Signature Copyright, Insurance Services Office, inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 Page 1 of 1