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HomeMy WebLinkAboutC2011-386 - 8/30/2011 - Approved1 (Revised 6/27/99) PADRE YOUTH FOOTBALL AND UNITED KICKBALL NEW RESTROOMS (BOND 2008) CITY PROJECT NUMBER E10058 & E10060 TABLE OF CONTENTS NOTICE TO BIDDERS (Revised 7/5/2000) NOTICE TO CONTRACTORS - A Insurance Requirements (Revised March 2009) NOTICE TO CONTRACTORS - B Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates A -11 Cooperation with Public Agencies A -12 Maintenance of Services A -13 A -14 A -15 A -16 —17 F__ a e4g4e A-18 Schedule and A -19 Construction A -20 Testing and Certification A -21 Project Signs A -22 Minority /Minority Business (Revised 10/98) A -23 Inspection Required A -24 Surety Bonds A S ee , NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims Area Access and Traffic Control Construction Equipment Spillage Excavation and Removals Disposal /Salvage of Materials NOT USED Sequence Staking and Tracking of Construction Enterprise Participation Policy. Page 1 of 4 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 -36 Other Submittals NOT USED NOT USED A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A -40 Amendment to Section B -8 -6: Partial Estimates A 4-1 r.-,.n ., e i 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 Overhead Electrical Wires (7/5/00) A -49 Amend °Maintenance Guaranty" (8/24/00) A -50 Windstorm Certification A -51 Amended Prosecution and Progress Attachment I- Project Sign PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T - TECHNICAL SPECIFICATIONS DIVISION 2 Section 02315 - Section 02320 - Section 02362 - Section 021020 Section 022020 Section 022022 Section 026204 Section 026210 Section 027205 Section 027602 -- SITEWORK Excavation and Fill Backfill Termite Control - Site Clearing and Stripping (8 -5) - Excavation and Backfill for Utilities and Sewers (8 -9) - Trench Safety for Excavations - Polyvinyl Chloride Pipe (8 -91) - Polyvinyl Chloride Pipe (8 -83) - Fiberglass Manholes - Gravity Sanitary Sewers (8 -61) DIVISION 3 - CONCRETE Section 03100 - Concrete Formwork Section 03200 - Concrete Reinforcing Page 2 of 4 Section 03200 - Section 03300 - Section 03370 - DIVISION 4 - Section 04100 - Section 04820 - DIVISION 5 - Section 05500 - DIVISION 6 - Section 06112 - DIVISION 7 - Section 07190 - Section 07311 - Section 07460 - Section 07600 - Section 07900 - DIVISION 8 - Section 08110 - Section 08710 - DIVISION 9 - Section 09900 - DIVISION 10 Section 10.800 - DIVISION 15 Section 15010 - Section 15020 - Section 15058 - Section 15060 - Section 15075 - Section 15080 - Section 15140 - Section 15150 - Section 15410 - Section 15480 - DIVISION 16 Section 16010 - Section 16110 - Section 16111 - Section 16120 - Section 16131 - Section 16134 - Section 16141 - Section 16170 Section 16190 - Section 16450 - Section 16460 - Section 16471 - Concrete Reinforcing Cast -in -Place Concrete Concrete Curing MASONRY Mortar and Masonry Grout Reinforced Unit Masonry Assemblies METALS Metal Fabrications WOOD AND PLASTICS Framing and Decking THERMAL AND MOISTURE PROTECTION Anti- Graffiti Coatings Asphalt Shingles Siding Flashing. and Sheet Metal Sealants and Caulking DOOR AND WINDOWS Standard Steel Doors and Frames Door Hardware FINISHES Paints and Coatings - SPECIALTIES Toilet Accessories - MECHANICAL SPECIFICATIONS Mechanical General Conditions Starting of Plumbing Systems Access Doors Hangers, Supports, and Foundations Mechanical Identification Mechanical Insulation Domestic Water Piping Sanitary Waste and Vent Piping Plumbing Fixtures Domestic Water Heaters - ELECTRICAL Special Provisions for Electrical Work Raceways Conduit & Fittings Wire and Cable - 600 Volts and Under Junction and Pull Boxes Outlet Boxes Wiring Devices Disconnect Switches Supporting Devices Grounding Indoor Dry Type Transformers Panelboards Page 3 of 4 Section 16476 - Fuses Section 16501 - Lighting Fixtures Section 16603 - Empty Raceway Systems LIST OF DRAWINGS Sheet #1 TITLE SHEET Sheet #2 SANITARY SEWER PLAN AND PROFILE Sheet #3 CORPUS CHRISTI STANDARD SANITARY SEWER DETAILS Sheet #4 CORPUS CHRISTI STANDARD SANITARY SEWER DETAILS Sheet #5 ACCESSIBILITY DATA SHEET Sheet #6 SITE PLANS, SITE GRADING PLAN Sheet #7 SITE DETAILS Sheet #8 FLOOR PLAN, FIXTURE PLAN, ROOM FINISH SCHEDULE, DOOR SCHEDULE Sheet #9 ROOF FRAMING PLAN, ROOF PLAN, DETAILS Sheet #10 EXTERIOR ELEVATIONS, BUILDING SECTION, WALL SECTIONS Sheet #11 STRUCTURAL NOTES Sheet #12 FOUNDATION PLAN/ DETAILS Sheet #13 MEP SITE PLAN Sheet #14 PLUMBING FLOOR PLAN Sheet #15 PLUMBING SCHEDULES Sheet #16 PLUMBING DETAILS Sheet #17 PLUMBING DETAILS Sheet #18 ELECTRICAL NOTES & SYMBOLS Sheet #19 ELECTRICAL SERVICE PLANS Sheet #20 ELECTRICAL PLANS Sheet #21 ELECTRICAL SCHEDULES AND DETAILS APPENDIX A- GEOTECHNICAL INVESTIGATION NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Page 4 of 4 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: PADRE YOUTH FOOTBALL AND UNITED KICKBALL NEW RESTROOMS (BOND 2008), Project No. E10058 & E10060: Consists of all Work for two new restroom buildings, including site clearing and stripping; concrete sidewalks, asphalt paving repairs and curb and gutter replacement; termite control; cast -in -place concrete; masonry walls; metal fabrications; rough carpentry; wood roof framing; finish carpentry; fiber cement siding, asphalt shingle roofing; joint sealants; standard steel door and frame; door hardware; paint and coatings; ,specialties; plumbing system and fixtures; electrical power system and lighting fixtures; and final site cleanup with proper disposal of all materials; all in accordance with the drawings, specifications, and other construction documents; Will be received at the office of the City Secretary until 2 :00 PM on Wednesday, June 8, 2011 and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for, beginning at 10:00 AM, on TUESDAY, May 31, 2011 at the Engineering Services Conference Room, V-4 Floor City Hall, 1201 Leopard Street, Corpus Christi, Texas. The pre -bid meeting will be conducted by City staff and Project Architect Chuck Anastos, A.I.A. will be available for questions and answers. A bid bond in the amount of 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 (850.00) 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/ Pete Anaya Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A y� 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 $500,000 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" 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 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Pagel of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER 13 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 -81, TWCC -82, TWCC -83, or TWCC -84); showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction—Has the meaning defined in the Texas Labor Code, §406.096(eXI). (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)-- Witlu.the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform.on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does, not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project—Includes the provision of all services related to a building 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 charge 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 froth the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (13) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends . during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the.following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic • Page 3 of 11 (d) A contractor shall. (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and 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 certiftcate 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 4 of 11 — (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by wrorkerss ' 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 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension afire 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 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. 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(4)(7) "REQUE?ED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 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, TWCC- 82, TWCC 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 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 (mown, 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 fling 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 f le for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any per son 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 10of11 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 lithe contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 J PART A SPECIAL PROVISIONS PADRE YOUTH FOOTBALL AND UNITED KICKBALL NEW RESTROOMS (BOND 2008) PROJECT NO. E10058 & E10060 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity advertisement inviting bids for the project. Proposals the office of the City Secretary, located on the first 1201 Leopard Street, until 2 :00 p.m., Wednesday, June mailed should be addressed in the following manner: with the official will be received in floor of City Hall, 8, 2011. Proposals City of Corpua Christi City Secretary's Office ty Sccrctary'c Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - PADRE YOUTH FOOTBALL AND UNITED KICKBALL NEW RESTROOMS (BOND 2008) PROJECT NO. E10058 & E10060 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 nonresponsive. Late proposals will be returned unopened 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 TUESDAY, May 31, 2011, beginning at 10:00 AM. 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 Consists of all Work for two new restroom buildings, including site clearing and stripping; concrete sidewalks, asphalt paving repairs and curb and gutter replacement; termite control; cast -in -place concrete; masonry walls; metal fabrications; rough carpentry; wood roof framing; finish carpentry; fiber cement siding, asphalt shingle roofing; joint sealants; standard steel door and frame; door hardware; paint and coatings; specialties; plumbing system and fixtures; electrical power system and lighting fixtures; and final site cleanup with proper disposal of all materials; all in accordance with the drawings, specifications, and other construction documents; Section A - SP (Revised 12/15/04) Page 1 of 23 A -4 Method of Award The bids will be evaluated based on the Total Base Bid, subject to availability of funding. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference PADRE YOUTH FOOTBALL AND UNITED KICKBALL NEW RESTROOMS (BOND 2008) Project No. E10058 & E10060 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 180 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on. the Project. Furthermore, 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. Section A - 8P (Revised 12/15/04) Page 2 of 23 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. 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 min;mrm, 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 than in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer hi-weekly. (See section for Minority /Minority Business Eciterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and arse -half (1'x41) 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 Hoars.) Section A - SP (Revised 12/15/04) Page 3 of 23 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 TE.SS 1- 800- 344 - 8377, the Lone Star Notification Company at 1 -800- 669 -8344, and the Verizan Dig Alert at 1 -800- 483 - 6279. For the Contractor's convenience, the following telephone nutters are listed. City Engineer er Project Architect Chuck Anastos Associates, LLC Traffic Engineering Police Department Water Department Wastewater Department Gas Department Stone Water Department Parks & Recreation Department Streets & Solid Waste Services Municipal information Systems (M.I.S.) AEP S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision AC'SI (Fiber Optic) EMC (Fiber Optic) Choicecicm (Fiber Optic) Mara( (Fiber Optic) Brooks Fiber Optic {MAN) 826 -3500 884 -4422 (946 -0069 mobile) 826 -3547 886 -2600 826 -1881 826-1800 885 -6900 826 -1875 826 -3461 826-1940 826 -3740 881 -2511 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -4355 (826 -1888 after hours) (826 -1888 after hours) (885 -6900 after hours) (826 -1888 after hours) 1 -877 -373 -4858 (1- 800 - 824 -4424, after hours) 826 -1960 or 826 -3547 (857 -5060 after hours) (Pager 800 - 724 -3624) (Pager 888 -204 - 1679) (Pager 850 -2981) (Mobile) A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness . of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets Section A - SP (Revised 12/15/04) Page 4 of 23 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 residence and public. This may include, but is not limited to, working driveways in half" widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading 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 cotta for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking r- 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. Section A - SP (Revised 12/15/04) Page 5 of 23 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. r,_, „f (NOT USED) field office- at the c natrwetion site. The field office muat contcAn at lcaot 120 square feet of uaeablo opaec. The field office must be air conditioned and hoatcd and muot bo furniohcd with an inclined table that mcaaurco at office on thc oitc ao required by thc Clty Engineer or his rc =roscntativc. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CMAMDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Project Layout and Control The drawings may depict but not, necessary include:. lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. Section A - SP (Revised 12/15/04) Page 6 of 23 If, during construction, it is necessary to disturb or destroy a control paint 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 Stormwater: • All rim /invert elevations • All intersecting lines in • Casing elevations (top of pipe and flow line) ( TXDOT and RR permits). at manholes; manholes; 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 7 of.23 The Contractor must provide all applicable certifications to the City Engineer. A -2i. Project Signs The Contractor must install 1 Project sign furnished by the City as indicated on the following drawings. (Attachment I) The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials. or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - .Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at, least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). Section A - 8P (Revised 12/15/04) Page 8 of 23 r- (c) For an enterprise doing business as a corporation, at least 51.01 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 51.01 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 51.01 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 50.01 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 25.08 of the work. Minority members of the joint venture must have either financial, .managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These .goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Section A - SP (Revised 12/15/04) Page 9 of 23 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 Section A - SP (Revised 12/1S/04) Page 10 of 23 liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption NO LONGER APPLICABLE (6/11/98) won B 6 22, Tax Exemption Provision, in deleted in its entirety and tho following cubctitutcd in lieu thereof. Contracts for improvements to real property awarded by thc City of Corpus the Contractor elects to operate under a separated ceRtract as defined by £cction 3.291 of Chapter 3, Tax Administration of Title 34, Public Finance of - premu1gatcd by thc Comptroller of Public Accounts of Texas. If the Centr-actor elects to operate under a ocparatcd contract, he shall. 1. Obtain thc necessary calm tax permito from the State Comptroller. 2. Identify in thc appropriate epacc on thc "Statement of Matcrialo and Other Charges" .ice the proposal form the coot of, materials physically incorporated into thc Project. 3. Provide rcoalc ccrtifi atec to nupplicro. 1. Provide thc City with copicc of material invoices to substantiate tho If thc Contractor doses not elect to operate under a separated contract, he must pay for all Sales, Excinc, and Unc Taxco applicable to this Project. £ubcontractors arc eligible for cal= tax exemptions if thc subcontractor resale - eetificc.tc to the subcontractor and the subcontractor, in turn, issues a resale ccrtifi ate to hie -supplier. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 Section A - SP (Revised 12/15/04) Page 11 of 23 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -il 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 Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide Builder's Risk or—Biskee=teta insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk or Installation f e coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk or Inata.11ation 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 12 of 23 any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. 'A -29 Contractors 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 13 of 23 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 14 of 23 A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of 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 "Ekecution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Execution of Contract add the following: Contracts" B -3 -5 The award of the Contract may be. rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including- for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 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) A. Visitor /Contractor Orientation have on their percon a valid card certifying their prior attendance at a Visitor /Contractor Cafcty Orientation Program conducted by the Section A - SP (Revised 12/15/04) Page 15 of 23 City Water Department fcrconncl. A Vioitoar /Contraetor Safety and who dcoirc to perform any work within any Crty watcr facility. The Contractor shall not start, operate, 'or atop any- pump, motor, thc City Watcr Bcpartmcnt. C. Protection of Water Quality D. Conformity w'tb 2TL I N F Standard 61. M i matcrials and equipment uocd in thc repair, rea000cmbly, transportation, ro4ii t- allation, and inopcction of pumps, or any other items, wh eh could conic iftte contact with potable watcr, mu.ot conform to American National Ctandard° Inotitutc /National Canitation Foundation (ANSI /NcF) Ctandard 51 as dcocribcd in tho £tanda.rd Cpccifications. thread compound°, coatings, or hydraulic equipment. Theoc item must not be uacd unlcoo they conform with ANSI/NSF Standard 61 and unlcoa such items arc .inspected on thc site by authorized City cubcontractoro, must be containcd at all times at thc water facility site. Blowing trash will not be allowed. The Contractor ohall keep work arcao clean at all timco and remove. all trash daily. CONTRACTOR'S ON SITE rREPARhTION rlant telcphones are not available for Ceitrae-ter use. H. Working hour will be 7:00 A.M. to 5:00 P.M., Monday thru Friday, Section A - SP (Revised 12/15/04) Page 16 of 23 I. Contractor must not ucc any City facility rcotroomo. Contractor must providc own oanitary facilities. J. All Contractor vehicles muot be parked at dcsig atcd site, as must be clearly labcicd with company name. No privatc employee vesicles arc allowed at O. N. Stoveno Watcr Troatmcnt Plant. All peraonnel mutt bc in company vchicica. During working hours,, contractor cmployccc must net 1 avc thc dcsigaatcd construction K. Contractor Qualification° CCADA (CUPERVICORY CONTROL LAND DATA ACQUISITION) ao dctcrmincd by meeting the qualificatioaa 1 thru 9 bclow. This changes, acicctiono, installing, connecting, The Contractor or kia subcontractor proposing to perform the SCADA 1. IIc io regularly engaged in the computer baocd monitoring and control cyctcm buoincoo, prefcrably ao applied 'to tho muacipal watcr and waotcwatcr industry. 2. He has performed work on syotcma of comparable size, typc, and complexity as rcquircd in thie Contract on at 1 act three prior projccto. 3. IIc has been actively engaged in thc type of work apeelfled hcrcin for at.lcast 5 ycaro. 1. IIc cmployo a Rcgiotcrcd Professional Enginccr, a Control Syatemo Engineer, or an Electrical Enginccr to supervise or perform thc work required by thin apccifioationa. eeeted a manufacturcr'o training course in configuring and implementing thc specific computers, RTUC's, and ooftwarc propooed for thc Contract. G. IIc maintains a permanent, fully staffed and cquippcd ccrvicc facility within 400 milts of thc. Project aitc to maintain, repair, calibrate, and program thc ayotcmo specified hcrcin. 7. He shall furnish equipment which is the product of one manufacturcr to the maKimum practical ex bent. W erc thin- is not practical, all equipment of a given typc will bc thc product of one manufacturcr. 8. Prior performane.c at thc O. N. Ctcvcno Water Treatment Plant will be used in evaluating which Contractor or 9. The Contractor shall produce all filled out programming blocks required to show the programming as needed. and rcquircd, to add thcsc two systems to thc cxioting City SCADA oyatcm. Attachcd is an example of thc rcquircd programming blocks which the City rcquirco to be filled in Section A - SP (Revised 12/15/04) Page 17 of 23 the programming phone. The attached ahcct is an example and is not intended to chow all of the required Dhcctn. The Contractor will provide all programming blocks uocd. L. Trcnehing Requirement[+ Plant shall be performed using a backhoc or hand digging duc to the 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. Reproducib1es: 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. Section A - SP (Revised 12/15/04) Page 18 of 23. J. • Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns 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) Under "Ccncral Proviaiono and fcquircmcntc for Municipal Construction Contracts ", T) "The Contractor must comply with the City of Corpu° Christi's Water' Conservation and Drought Contingency Plan ae amended 4thc "Plan "). This condition°. The City Engineer will provide a copy of the Plan to Qontractor at thc pre construction meeting. The Contractor will keep a copy of the Plan on thc Project site throughout construction." 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. Section A - SP (Revised 12/15/04) Page 19 of 23 A -41 Ozone Advisory (NOT USED) A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and .Requirements for Municipal Construction Contracts" B -6 -2J. 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: Section A - SP (Revised 12/15/04) Page 20 of 23 (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3). "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED) Thc Contractor shall be reoponeblc €er the disposal of watcr used for tc;,ting, disinfection and line flushing in an approved manner. Contaminants in thc water, particularly high lcelo of chlorine, will be used for dicinfcction, and may cxcccd thc permiaciblc limits for diochargc into wctlando or environmentally sensitive ar a,o. Thcoc arc regulated by numerous agencies such as TNRCC, EPA,, ctc. It will be the Contractor's rcoponsibility all watcr uccd in thc projcct. Thc methods of diopooal ohall bc submitted to thc City for approval. Thcrc ohall bc no ocparatc pay for diopooal of.highly chlorinated watcr. Contractor shall not uoc thc City'o sanitary ocwer oyctcm for diopooal of contaminated watcr. A -47 Pre - Construction Exploratory Excavations (7/5/00) (NOT USED) Prior to any construction whatever on the projcct, Contractor ;hall excavate and cxpooc all cxisting pipclincs of thc projcct that croons within 20 foot of propoocd pipclinco of thc projcct and Contractor shall ourvcy thc exact pipclinc. nor cxisting pipclinco which parallcl and arc within ten fcct (10') of propoccd pipclinco of thc projcct, Contractor ohall cxctavatc and cxpooc oaid exiting pipelines at a maximum of, 300 fcct O.C. and Contr-aeter shall ourvcy thc accurate horizontal and vertical lo ationo of said parallcl pipclinco at 300 fcct maximum O.C. indicating thc Owner of pipclinco excavated and approximatc station thcrcof, distance to thc cicvationo of thc top of exioting pipclincs. ourvcycd, pavement cont-erlinc and as well ac the Contractor shall perform no construction work on tlic projcct until all exploratory excavations havc bcen made in their entirety, the results thcrcof rcport. Exploratory cx avationo ohall be paid for on a lump sum basis. Any pavcmcnt repair aocociatcd with exploratory cx avationo shall bc paid for according to the eetabliohcd until price of pavement patching. Contractor shall provide 1 Section A - 81' (Revised 12/15/04) Page 21 of 23 A -48 Overhead Electrical Wires (7 /s /00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) 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 -50 Windstorm Certification The entire new BUILDINGS shall be inspected during construction by the project structural engineer (Wilkerson & Sanders, Inc.)(Certified Windstorm Inspector) that it complies. with the requirements of the State Board of Insurance, Engineering Division, for the TCPIA. Contractor shall provide the services of the project structural engineer (Wilkerson & Sanders, Inc.) for this certification and include the cost in the Total Base Bid. A Form WPI -1 (Inspector Application) shall be submitted to the Texas Department of Insurance prior to commencing construction and a Form WBI- 2 -BC -5 shall be submitted to the Texas Department of Insurance indicating the certified Windstorm Inspector (Wilkerson & Sanders, Inc.) has inspected the building for issuance of a WPI -8 by the Texas Department of Insurance. The WPI -8 shall be provided to the Owner with the close -out documents. A -51 Amended 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 request remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract." Section It - 3P (Revised 12/15/04) Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT : PADRE YOUTH FOOTBALL AND . UNITED KICKBALL NEW RESTROOMS fBOND 2008) PROJECT No. E10058 & E10060 OWNER: CITY OF CORPUS CHRISTI ENGINEER: CHUCK ANASTOS ASSOCIATES, LLC CONTRACTOR: SUBMITTAL DATE: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL SUBMITTAL NUMBER: Section A - SP (Revised 12/15/04) Page 23 of 23 ATTACHMENT NO. 1 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 30TH day of AUGUST, 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 $358,900.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: PADRE YOUTH FOOTBALL AND UNITED KICKBALL NEW RESTROOMS BOND 2008 PROJECT NO. E10058 & E10060 (TOTAL BASE BID: $358,900.00) 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 180 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 APPROVED AS TO LEGAL FORM: By: V NAM,,J 101' Asst. City Attorney ATTEST: (If Cor oration) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF C. RPUS CH ; ISTI By: Juan Perales, Jr., °.E. Assistant City M . nager Public Works, Utilities, and Transportation By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Elite General Contractors, LLC By: Title:s,iLe ✓"i� 23 Great Lakes Drive (Address) Corpus Christi, TX 78413 (City) (State)(ZIP) 361/765 -7080 * 361/980 -0865 (Phone) (Fax) MAUTHOR12at T SECRETAiRY Page 3 of 3 Rev. Jun -2010 P R O P O S A L FORM F O R PADRE YOUTH FOOTBALL AND UNITED KICKBALL NEW RESTROOMS (BOND 20.08) PROJECT NO. E10058 & E10060 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 5 P R O P O S A L Place: Date: Proposal of 'i`e C ewE- J ~e4J4 Y+o-e eY'S, r— a Corporation organized and existing under the laws of the State OR of 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 PADRE YOUTH FOOTBAL AND UNITED KICKBALL NEW RESTROOMS (BOND 2008) PROJECT NO. E10058 & E10060 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to wit: TOTAL BASE BID (LUMP SUM) : $ 35S 11NY:c. ILO.tid"re-ZAK4 tvf Ow el 5,„...4 i PROPOSAL FORM PAGE 2 OF 5 Tne unaersignea nereny uecl.dLs Lllau llC 11017 vJ.�i_ucu +ac mil e aria his 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, arid 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 (1 p) calendar cLays 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 unsure payment for all labor and materials. The bid bond attached to this proposal, i_n the amount of 5% of the highest amount bid, is to become the property of the City c f 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 w-riting, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 3-80 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): (SEAL - IF BIDDER IS a Corporation) Respectfully submitted: Name: By: (SIGNAT Address: e75 G-e Telephone: PROPOSAL FORM PAGE 5 OF 5 (P.O. Box) (Street) C. _ • C,. 1`X '- 'Sr/ 3 (City) (State) (Zip) PERFORMANCE BOND STATE OF TEXAS § BOND No. 5114937 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Elite General Contractors, LLC of the City of Corpus Christi , County of Nueces, and State of Texas, as principal ( "Principal "), and SureTec Insurance Comppny , a solvent company duly authorized underthe laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of THREE HUNDRED FIFTY- EIGHT THOUSAND, NINE HUNDRED AND NO1100 U.S. Dollars ($358,900.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 30TH of AUGUST , 2011, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: PADRE YOUTH FOOTBALL AND UNITED KICKBALL NEW RESTROOMS BOND 2008 PROJECT NO E10058 & E10060 (TOTAL BASE BID: $358,900.00) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, 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(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Performance Bond Page 1 of 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. That Elite General Contractors, LLC of the City of Corpus Christi , County of Nueces, and State of Texas, as principal ( "Principal "), and _ , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of THREE HUNDRED FIFTY - EIGHT THOUSAND, NINE HUNDRED AND NO /100 U.S. Dollars ($358,900.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 30TH of AUGUST , 2011, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: PADRE YOUTH FOOTBALL AND UNITED KICKBALL NEW RESTROOMS BOND 2008 PROJECT NO. E10058 & E10060 (TOTAL BASE BID: $358,900.00) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, 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(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 8 day of September , 2011 PRINCIPAL SURETY Elite General Contractors, LLC By: icEz Title: c)-(Vs,.1 e ATTEST: Secretary SureTec Insurance Comp:ar y- By: A orney n -fact Kerry Woods Address: 23 Great Lakes Address: P. 0. Box 3280 Corpus Christi, TX 78413 (Rev. Date May 2011) Corpus Christi, TX 78463 -3280 Telephone: 361-883-3803 Fax: 361 -883 -3894 E -Mail: kwoods @ keetchins.com Performance Bond Page 2 of 3 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 ProjeVs Surety Company: SureTec Insurance Company Gentlemen: Lindey Jennings (name of Officer of surety) , hereby certify that the facsimile power of attorney submitted by Kerry Woods (Attorney-In.-Fact) for Elite General Contractors, LLC (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: 20 11 City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Signed this 16th day of May , 20 Name: f / Lindey Jennings Title: Vice President Sworn and subscribed to before_ me on this 16th day of May (Revised 9/63) Notary Pudic State of My Commission Expires: Texas ATTACHMENT 1 1 OF 1 POA #: 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, Tracie 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 Attorney -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 of the 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 20`r' 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. NCB , -4•4;'c 1111 By: • n l John j Jr., ' resident a State of Texas ss: % � ��� 1� 5 f Y County of Hands - 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. SURETEC INS E C ! PANY *RY :bB% JACQUELYN MALDONADO } °' "3 Notary Public, State of Texas ,1, .*, My Commission Expires *','FOt,'.�` May 18, 2013 NfHN l acq elyti aido ado, Notary Public y comm Sion ex s May 18, 2013 1, 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 8 day of September , 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 5:00 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 -504- 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. lithe 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 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL SURETY By: By: Attorney -in -fact Title: ATTEST: Secretary Address: Address: (Rev. Date May 2011) Telephone: Fax: E-Mail: Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch & Associates Address: 1718 Santa Fe (Physical Street Address) Corpus Christi, TX 78463 -3280 (City) (State) (Zip) Telephone: 361 - 883 -3803 E -Mail: kwoods@keetchins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 201 1 ) Performance Bond Page 3 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Agency: Address: (Physical Street Address) (City) (State) (Zip) Telephone: E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 g72PLIER NUMBER rQ BE ASSIGNED BY CITY p'CRCHASING DIVISION 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 defmitions. COMPANY NAME: ca.G.k p_ 0. BOX: ci-v- • STREET ADDRESS: CITY: C. C . ZIP: c~ _1 �? FIRM IS: 1. Corporation L e 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS Lf additional space is necessary, please use the reverse side of this page or attach separate sheet. :L- State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 30 or more of the ownership in the above named "firm." Name 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 /v a -mss 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 W o 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 dv d Consultant PROPOSAL FORM PAGE 4 OF 5 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 m 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 }j CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not .knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title Signature of Certifying Person: DEFINITIONS Date E • 6-1 I 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. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d_ "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special teiaus 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 5 OF 5 PAYMENT BOND STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. 5114937 That Elite General Contractors, LLC of the City of Corpus Christi , County of Nueces , and State of Texas, as principal ( "Principal "), and SureTec Insurance Company a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of THREE HUNDRED FIFTY -EIGHT THOUSAND, NINE HUNDRED AND NO/100 U.S. Dollars ($ 358,900.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christ~ (,OWNER), dated the 30T14 day of AUGUST, 2011 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: PADRE YOUTH FOOTBALL AND UNITED KICKBALL NEW RESTROOMS BOND 2008 PROJECT NO. E10058 & E10060 (TOTAL BASE BID: $358,900.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void: otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Payment Bond Page 1 of 3 PAYMENT BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No. That Elite General Contractors, LLC of the City of Corpus Christi , County of Nueces and State of Texas, as principal ( "Principal "), and , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of THREE HUNDRED FIFTY -EIGHT THOUSAND, NINE HUNDRED AND NO /100 U.S. Dollars ($ 358,900.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 30TH day of AUGUST, 2011 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: PADRE YOUTH FOOTBALL AND UNITED KICKBALL NEW RESTROOMS BOND 2008 PROJECT NO. E10058 & E10060 (TOTAL BASE BID: $358,900.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 8 day of September , 20 11 PRINCIPAL Elite General Contractors, LLC Title: .VVesr` de-Ai c• ATTEST: Secretary Address: 23 Great Lakes Corpus Christi, TX 78413 (Rev. Date May 2011) SURETY r._ SureTfc Insurance Company By: Attorney -i -fact Kerry -Woods' .: Address: P. 0. Box 3280 Corpus Christi, TX 78463 -3280 Telephone: 361 -883 -3803 Fax: 361 -883 -3894 E -Mail: kwoods @keetchins.com Payment Bond Page 2 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and an whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the day of , 20 . PRINCIPAL SURETY By: By: Attorney -in -fact Title: ATTEST: Secretary Address: Address: (Rev. Date May 2011) Telephone: Fax: E -Mail: Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch & Associates Address: 1718 Santa Fe (Physical Street Address) Corpus Christi, TX 78463 -3280 (City) Telephone: 361 -883 -3803 (State) (Zip) E -Mail: kwoods @ keetchins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev, Date May 2011 Payment Bond Page 3 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Agency: Address: (Physical Street Address) (City) (State) (Zip) Telephone: E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 CERTIFICATE OF LIABILITY INSURANCE VI- !L• hr DATE (MLIIDDIYYYY) 09108/11 THIS (CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERT■ FICATE 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 1NSURER(S), AUTHORIZED REAR leSENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 1 OMP F TANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certifi Ac ate holder in lieu of such endorsements PRODUCE re Keetch SZ Associates Insurance P. O_ Box 3280 Corpus Christi, TX 78463 -3280 Kevin G _ Keetch 1 361 -883 -3803 361- 883 -3894 CONTACT NAME: PHONE (A/C No Est): EMAIL ADDRESS: CUSTOMER ID *: ELITE -3 FAX _[A1C, Not: INSURER(S) AFFORDING COVERAGE NAIC iy INSURED Elite General Contractors, LLC 23 Great Lakes Corpus Christi, TX 78413 INSURER A : First Mercury Insurance INSURER B : Texas Mutual Insurance Company INSURER c ; Union Standard insurance Co INSURER D : INSURER E INSURER F : R: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA -TED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSU NCE ADDL INSR SUBR MD POLICY NUMBER POLICY EFF [MMIDDIYYYY}IMM70D1YYTY1 POLICY EXP LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR X X X X FMTX008999 CAA4350349 06/01/11 06/01/11 EACH OCCURRENCE $ 1,000,000 06101N2 DAMAGE TO RENTED PREMISES.(Ee occurrence) $ 50,000 X CLAIMS -MADE Lx] MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN' L AGGREGATE LIMIT APPLIES PER: 06/01/12 Y PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE X POLICY [ jE r LIABILITY qvii ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS LOC COMBINED SINGLE LIMIT (Ea accident) $ $ 1,000,000 C BODILY INJURY Per person} $ BODILY INJURY (Per accident} $ PROPERTY DAMAGE (Per accident) $ X X $ $ A X UMBRELLA LIAB EXCESS LIAB1MS X OCCUR -MADE CETX001831 05/09/11 06/01/12 EACH OCCURRENCE $ $ 7 $ 1,000,0001 AGGREGATE 1,000,000 DEDUCTIBLE RETENTION $ $ B WORKERS AND ANY OFFICER (Mandatory If yes, DESCRIPTION COMPENSATION EMPLOYERS' LIABILITY PROPRIETOR /PARTNER/EXECUTIVE /MEMBER EXCLUDED? in NH) describe under OF OPERATIONS YIN NIA X SBP0001099045 06/01111 06102 WC STATU- ER I T9RY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 below E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION Certificate Liability Liability, RE: & E10060 OF OPERATIONS 1 LOCATIONS !VEHICLES (Attach ACORD 1131, Additional Remarks Schedule if more space is required) holder is additional insured on General Liability and Auto and waiver of subrogation is included on General Liability, Auto and Work Comp as required by written contract. Padre Youth football and United kickball new restrooms, project #E10058 CERTIFICATE HOLDER CANCELLA CICC -CC City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE klas; ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD OF$ ID: AF ,4c r.�R° CERTIFICATE OF LIABILITY INSURANCE 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 palicy(ies} must be endorsed. If SUBROGATION IS WAIVED subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Lieu of such endorsement s PRODUCER 361-883 -3803 ••• , , Keetch R. Associates Insurance P. O. Box 3280 361-883-3894 [ - (AHC° No Ext): - f (NC, No): Corpus Christi, TX 78463 -3280 KeVin G. Keetch E-MAIL — PRODUCER cus3oMERIDr: ELITE -3 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Elite General Contractors, LLC / 23 Great Lakes tt/ Corpus Christi, TX 78413 _ INSURER A:Zurich Insurance Group LIABILITY COMMERCIAL GENERAL LIABILITY INSURERS :Texas Windstorm Ins Assn INSURER c : INSURER D : INSURER E : $ INSURER F : • OUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICE! 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR s- TYPE OF INSURANCE ••• , , s_- ; ;p POLICY NUMBER POLICYEFF WE'D POLICY EXP MI■D LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR EACH OCCURRENCE $ UAMA(iL I O HEN I EU PREMISES (Ea occurrence) $ CLAIMS -MADE E MED EXP (My one person') $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n .VT— n LOC PRODUCTS - COMPJOP AGG $ —1 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ r UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) 11 yes, describe under OF OPERATIONS below N f A w6 SA TOR 1 !MITE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A g ,DESCRIPTION Builders Risk Wind Builders Risk BR70550472 / BOUND 09/12111 09112111 09112/12 03/12/12 contract contract 7 358,901 358,90[ DESCRIPTION OF OPERATIONS/ LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is equired) Builders Risk policies include City of Corpus Christi as additional insured. RE: Padre Youth football and United kickball new restrooms, project #E10058 & E10060 x i..n r■rr'- yyr,[iI� -- ClCC -CC City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 ________ . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4:4.6, k i ACORD 25 (2009/09) -2009 ACORD GORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ° THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number POLICY NUMBER BR70550472 POLICY CHANGES EFFECTIVE From 09/1 2120 1 1To 09/12/2012 COMPANY _ American Zurich Insurance Company NAMED INSURED Elite General Contractors LLC 23 Great Lakes Corpus Christi, TX 78413 AUTHORIZED REPRESENTATIVE KEETCH & ASSOCIATES PO BOX 3280 CORPUS CHRISTI, TX 78463 -3280 #18744649 COVERAGE PARTS AFFECTED Builders Risk Coverage CHANGES Additional Insured: City of Corpus Christi P.O. 'Box 9277 Corpus Christi, TX 78469 IL 1201/185 F Authorized Representative Signature Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 Page 1 of 1 • Elite Goora1 aprittOttors .11C 06101/2011 - 06/01/2012 FMTX008999 001111MERCIALOENERAL LIABILJfl CO2O-33 117:014 THIS... .; r T•1.MNGE$ THEPOUO•, P:1-..gAaE READ IT CAREFULLY, APENTIPNAL INSURED OWNERS: 'LESSEES OIR. CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED- IN :CONSTRUCTION AGREEIVIENT WITH YOU Thisendorserna:ntniudifies-insurandeprovided.undertneidlowing .4 COMMERCIAL-GENERAL LiAlailLITcrtOVERAGE PART • ,Sgptiott 11 - .04-60 k An litsu.rod i$-Piterded Lo inetUde as fl acidiliOnal inSured any person or or- ganizatiOn tor whom you are parfOrming operations when you and such person or orgarkation have agiFeed 1I Wii1Tn it a to11tota,ot!Otiteitit611 Tht woo ddI- oJu si �Iy uh 0000 r 0- qatbt i an 00)00.r..1071PAtir04 '0A? wth 17,0- $,pe1 tO 4001* for bodfly njur 14015VOY ilarnage°: -or 'personat and advertising. injury' tailSed, 1 whole or u part: by'. 1. Your acts or omissions.; or 2. The 0:M Otrii40$ `4:1110'9.00-Pg en yaw •ehalt: in. OW PAlt11/14.09e. 1:1:f Yq1;tr WIA0.014494,r40417P, f_OF theacidifional 'insured': Apersonts Organiati.imis,.$to s.thtbI ins-wed:under this endorsement ends when your operations for that additional insured are .com- pletod. .0 21) 1347 '04 B. With respect ti-.(P insurance .affertleid tO 1h6Se :additional insureds, the toijovving acitittionoi oit:6N- siono ThS 10411g: (17(:IfjP:t4..P.P.V14: 1.... 9ECOPY:i141, "r414:lOtti400" :017;:"Mt$0,01 41044dvorrftliv:hiltitlr'40060,06(40706,.f...0:40,, irto,lit.orliv-_foijuto to roriOor: ony.-:proloi0.01 1410ilientural; engineering or surveying... ser-7, vies, . inoludirg a. The preparing approving,. .or railing to: pre- pare or approvei maps,. shOp OpirlianS. repcwt survey, feId ,tigterk,. otiyroo. iirtifOrs: -Or draw:41S. 'kin* z):ir b. $optiViOb4, inepettiOrt, aralitaOttirel engineering "Bodity injury" or "property damage" adOrting alter: a: AU wori . irielittljtio rriaterials, parts or 4(10P11140.1. .fLit041Fied in tdiWatliOn. wth sUci W.100.§1 -Orr 104004 -000 ftlart 9 006101141.1qo or :t..100.1W t be per- fGrrned by tivon r6efialf...ofifrej'additionat 6ttittd(0 tit Itia- 16&aon: Of the 0+'.i:Lited operations haS,:beendOinPlated-; Or b. That pitir olE your -work', injury ,01'•dama,ge atitos tlat booty of to ito- iOtooti.O4 -oso by any 0Of#:Ori iir:',OrgPhitOtt-04 otherinarranoter '.,-0.0tra04or,rirohdpfl.tta4 :0171Mgd: 10 ':P411_41-1111;119 0.1?0:101i01§, :principal asa part o rtrte:sarne for s pmJecI a) ISO Froporties, 1ric„,2004 Paei oH ti 1 Elite ceneral Gontactws LL. 06101011 - 06/01/2012 FMTX008999 COMMERCIAL GENERAL LIABILITY CG 20 n .0704 THIS ENDORSEMENICHANGES THE POLICY, PLEASE REMIT CAREFULLY: , ADDITIONAL INSURED- ••'..'•-,'NERS0 ',LESSEES OR CONTRACTORS .COMPLETED OPERATIONS Thi trielort enierIt ingAifieS insurance rbVidet1 under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART SCHEPULE earns Of Aditikionaf Insured Perspn(st •Gr OrganizationtsI: Any pers:oa or organization, trustee, estate ar liovernment entity to whom or to Witch the Namoo irlsvred sob1igate1 , Oy virtue Of Arritteit cent rPg:t0 .PrOtia. Inr-400% .Soto ,_A5 Is \fforded By tb ts,rotioy,. Location And D'e5criPticril CnrnpleielchrieratiOns. The insurance afforded to tlieSe additiOnel iOtLiWP.s does not apply to lbodily injury" Or "PrOett9.4011e(20" arising out of your work that ha$ 1)eOn 04rriPlgtecr bY Or for you pit orto :the 0/01-00i)„ joidrenation requir0 to .complete fliis.:Sch?,411e, if pOt shown above, will ho:shpri in the netlaratop e.ction 11 — Who Is An Itinnrad :.arnatioloci to in6ude es an additional trim:yen the -person(5) or organitatfonN shown in:the:Schedule, bul only with r6tii4d. to liability fat "bOdily "iirciperty darn- k46.." causeds II whole or in pert, by ."yOtir 'wok" at the iotatiOrr designated and described in the Sched- ule of this endorsement p.o.rfornted for that additia.nal insured and irTF.uded in the ".proctuots..,eornpteted operatiOns.hazardr: CG:20 37 07 04. ISO Prdpe'dies, lino., 2004 Page I bf r bite Genera] Contract Ors lie 06/01/2011 - 06/01/2012 FMTX008999 COMMERCIAL GENERAL LIABILItry CG 24 0'4 10 '9'j THWEISIDORSEMENT-OHAIME$ THE mum ,MEASElitAp IT CAREfOLLY. /•AIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the foHowing: pommERCIAL GETAERALUABILITY :COVERAGE: PART SCHEDULE: KrameafiPersonrarCirganikation;: Any per...on or ertianiziation, tinvi.ep, :estate or tiovernment c:Mtify tc wlionlpr to wh ich the Warned Insured is obligated, by virtue of written contract to provide Insurance, Such As Lg. Afforded By This Policy. (ft -no er try appears above information:required .compete this endorsement will be shown in'the.Dedetelionsies applie big to. this thi thrmnt? The TRANSFER Or :Rtal-LTS OF RECOVERY ,AGAINST OTHERS TO US Condition (eOtion COMMER4, GIALGENERALIJABILITY:CPRDITIONS) 1ITdd.. bit the eddilien of th follOWL0g: We waive any right et recovery we may ha we againet the: perDon or organization thown in the 8eheckite above bust: ttf-tiayMehtg We make f iriury tit.tiarnwe AtigitItt Out VT yout ohgoing. otieretiots Or 'your WOW z16.e.te tincret a cantraI with ThRt person 0,0ivailizeliOh and tridnded n the-.70?odyttg-:tornOete:d opeffitwns . h 024r1"1 Ths waster Apps only to the :per$On or organization s1iwn in the Schethile above_ CG g4 04 1;13 93 Copyright. IrStirance Services Office, Inc.., 19 g Paae 1 oil The Attaching Clause.neecr be 'completed only.Whert this.endorserrient i issued atribsecfuentio preparation of the:poliy:): ENDORSEMENT #3 Thit encliOrgerirtent, effective bn 06/01111 Policy No. FMTX008999 4 (Atha issue-01o. Hite.Generai contractors, .LLC By.00t.terX Corporation at 12:01 A.M. standard time, forms a part of FIRST MERCURY INSURANCE COMPANY, (NAME,PF iN§L}RANP,E COMPANY) Authorized Represootative r.the atteehecl ran CVX-GL.5080A (02/09) - AMENDMENT-30DAYS NOTICE OF CANCELLATION-CERT HOLDER,. ft is•agreed cin6 30 1-)4 NOtitO of C.:ancellation encloi'.$ffnriti$•.added to the poliby, in faydr Of. • CO PC.Box 92.17 :Corp( ts Christi, TX 78469. (All: other terms and conditions. remain unchanged.) Gil 207 '(rf..617R). Page..1.of Processed: .Date: 05h8111 14:7:114 AM: Print .05/10/11'1.0:421'9AM Elite .General Contractors LLC CAA435034912 06/0112011 06/01/2012 BUSINESS AUTO COVERAGE CL CA 20 14 61 437 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ADVANTAGE ENDORSEMENT This: ehdbrserneri.t modifies insurance provided under the following BUSINESS. AUTO COVERAGE FORM VVith respect to coverage provided by this endorsement, the provisions of the Coverage F.orrn apply unless: mod . flied by the: endorsement. :SUMMARY OF COVERAGE EXTENSIONS Para- graph No. Limit or Name Of Extension Included A. Additional o "Insured" s Agreement I ncludI B. Airbags Coverage Extension Included . Electronic Equipment Coverage Extension Si ;OW D. Employees As Insureds Included E. Employee :Hired' Autos Included F. Hired Auto Physical Damage Coverage (Limited) $50,000. G. Knowledge Of Accident, Clairrt, Suit, Or Loss included M. :Limited IFellbyv:Errip;loyee Co erage, Inefuded I. Limited Loan/Lease Gap Coverage $1.4500 J. Limited Rental Reimbursement Coverage 45 Days: Sublimits: 1. $50 Maximum Per Day — Private Passenger Auto 2: $75 Maximum Per Day —ether Than Private: Passenger Auto 3. $2,250 Maximurli. Per Covered Loss K. Nevuly'Formed Or Acquired Organizations Included L. Supplementary Payments — Increased Limits: 1. Bail Bonds $3,000 2. Loss Of:Earri.irigs (Per Day) $: 00o M. Towing And Labor Coveragge Extension $75 N.: Waiver Of 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., with its permission. Page 1 of 7 COMMERCIAL GENERAL 1,1A131 ITY THIS ENOR SEMENT:CHANG58 THE'POL ICY. 'PLEASE READ IT CAREFULLY.. 'AMENDMENT - 30DAY.NOTICE OF CANCELLATION TO CERTIFICATE.HOLDER Thie:etiOpraeilletit rnbOifiet ins•OrenCe pftiVide0 uhdeii the fplIcAntyrkg: /CONWEROIAL GENERAL LIA81iLiTY•cipitkAdEl?ART It is agreed, as. respects the Palicy,.thirly po) days nOtrce • ot canceliation,..exCept as respectsnon-payment of preiniurin, for which fen i 0)..days notice. will apply, will be given as respects the .following .dertificate holder(s): City of Corpus.ChriSti PO Box 9277 Qprpps Christi, TX 78469 This endorsement-forms a parrot the Policy to which attached, etteative .on the inception date ofthe Policy unless btherWise Stateatterein. (The following information is required only when this endorsement is issued subsequent:to preparation.of the.Poircy.) Endorsement:effective 06/01/11 kilicy-Noi.FMTX008999 ErlOr8:Prnqnt:AP.. Named IhsurOd Elite General Ooritracors LLC countersigned:by (Authorized Re presentative) OVX,OL-5030A 02/2009) CAA4350349121 ' COMMERCIAL AUTO CA 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 the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 06i01i2011 Named Insured: Elite General Contractors LLC Countersigned By: SCHEDULE (Authorized Representative) Number of Days' Notice 30 f Name Of Person Or Organization City of Corpus Christi 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. CA 02 44 06 04 © ISO Properties, inc., 2003 Page 1 of 1 7 TeXasMutuar WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420601 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 1. Number of days advance notice: 30 7 2. Notice will be mailed to: Schedule CITY OF CORPUS CHRISTI PO BOX 9277 CORPUS CHRISTI, TX 78469 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 completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard lime, Corms a part of Policy No. SBP- 0001099045 201 10601 of the Texas Mutual Insurance Company Issued to ELITE GENERAL CONTRACTORS LLC Premium $ 1NC420601 (ED. 1-94) Endorsement No. 1/A91_ e Authorized Representative INSURED'S COPY NXGOMEZ 6 -02 -2011 Te %Mar Insurance Company WORKERS/ COMPENSATION ANI) EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A TEXAS WAIVER OF OURRI.IGHT TO RECOVER FROM 'OTHERS:.ENDORSEMENT This endorsement applies only to •the insurance provided by the policy because Texas is shown in Item SA.- of the Info rrnation Page We have the right to recover our payments from anyone liable for an injury covered by-this policy. We will not ,ehrorde . bar riglit against the person or organization named in the sScheddie, but this waiver applies only With respect to bodilyinjutk arising but bt the operations, deSdtbeCI:irnheSehedille where You are requirod by a -written Contract tti. obtain this waiver from us..: Ttlis-,61-ditirtenti.ent t hall :nrat isperatb dke6tly td i*hefit, hyone not :rfArt1ed in tii Schedule The prerniurn for this endbrserrtent is shown in the Schedule. Schedule 1 Waiver Narrie-Ititpersan or :organization ( X ) Blanket Waiver Any person or organization for whom the Named:Insured- has agreed by-writtem.contrattibfumish this waiver: 2. Operations: ALL TEXAS OPERAT I ONS 3. Prerniuni The premium charge for thie endOraerne.rit'Shall be. 2.::00 percent of the prernio:ftt. '.clevalot0(1, payroll in corinattion- with work •performed.fOrthe above ,paison(s) or organization(s) .otidng ,o.ut of the operations dalc(ilvd.: 4. Advance Premium 1 NCI UDEO , SEE I NE ORMAT 1 ON PAGE , This endorsement changes the policy 'to which. it is attached effective on the inception date of the policy unless a different date isindiceted 1.41bw, (The:fotiOvving ''attaching clause" heecLbe.pompleled onay whenlhisendorsementis issued toprepacation Of the:policy). ThiS.ehdOr§enient, effeCtive On- 06/01/2011 / at 12:01 A.lvt.Standaccl.tifne, (Orme part Of Policy No. S8P-01:10 1000,046 20100601 of the Texas Mutual Insurance Company Issued to ELITE GENERAL CONTRACTORS. LLC Prerniurn $ 14020104A (ED.1-01400.0) Endorsement No. 1 AtilthOhle4 Representative INSURED'S COPY LMFAVORS 6-01-20t0