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HomeMy WebLinkAboutC2011-387 - 8/30/2011 - Approved1 2011 -387 M2011 -196 08/30/11 Elite General Contractors, LLC S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS RE -BID BOND 2008 MAY 17, 2011 Prepared By: SolkaNavaTorno, LLC 6262 Weber Road, Suite 310 Corpus Christi, Texas 78413 Phone: 361/854 -1471 Fax: 361/854 -1470 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 IPROJECT NO: 4377 DRAWING NO: PEG 740 (Revised 7/5/00) RE -BID GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS BOND 2008 PROJECT NO. 4377 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B Worker's Compensation Insurance Requirements SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A -16 Disposal /Salvage of Materials A-4.7 City Engineer Field Office (Not Used) A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A -21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds A 25 Sales Tax Exemption NO LONCER APPLICABLE (6/11/98) (Not Used) A -26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims 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 11 35 City Water Facilities Spccial Requirements (Not Used) A -36 Other Submittals (Revised 9 /18/00) A 37 Amended "Arrangement and Charge for Watcr Furnished by the City" (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 -41 Ozone Advisory A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) (Not Used) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution & Progress A -51 Windstorm Certification Attachment I- Example of SUBMITTAL TRANSMITTAL FORM Attachment II- CDBG Project Sign Attachment III -Bond 2008 Project Sign (Not Used) SECTION B - GENERAL PROVISIONS SECTION C- FEDERAL REQUIRED LANGUAGE SECTION D - FEDERAL WAGE RATES AND REQUIREMENTS SECTION-8 - STANDARD SPECIFICATIONS 020 SITE ASSESSMETNS & CONTROLS 020100 Survey Monuments S49 021 SITE PREPARATION 021020 Site Clearing and Stripping S5" 021040 Site Grading S6 021080 Removing Old Structures S55 022 EARTHWORK 022100 Select Material S15 022420 Silt Fence S97 025 ROADWAY 025205 Pavement Repair, Curb, Gutter, Sidewalk and Driveway Replacement S54 025210 Lime Stabilization 828 0254 ASPHALTS AND SURFACES 025404 Asphalts, Oils and Emulsions S29 025424 Hot Mix Asphaltic Concrete Pavement (Class A) S34 0256 CONCRETE WORK 025610 Concrete Curb and Gutter 552 025612 Concrete Sidewalks and Driveways S53 025614 Concrete Curb Ramps 0258 TRAFFIC CONTROLS & DEVICES 025802 Temporary Traffic Controls During Construction 030 CONCRETE, GROUT 030020 Portland Cement Concrete S40 032020 Reinforcing Steel S42 038000 Concrete Structures S41 070 THERMAL AND MOISTUkE PROTECTION 070020 Asbestos Removal (S -1) SECTION T — TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQi3IREMENTS 01100 Summary 01200 Price and Payment Procedures 01230 Alternates 01300 Administrative Requirements 01400 Quality Requirements 01500 Temporary Facilities and Controls 01600 Product Requirements 01700 Execution Requirements 01780 Closeout Submittals DIVISION 2 SITEWORK 02204 Street Excavation 02208 Embankment 02225 Demolition 02410 Asphalt Crack Sealing 02414 Aggregate for Surface Treatment and Seal Coats 02416 Seal Coat 02722 Crushed Limestone Flexible Base 02724 Prime Coat 02751 Portland Cement Concrete Pavement 02765 Pavement Markings (Paint and Thermoplastic) 02923 Landscape Grading 02924 Seeding and Soil Supplements DIVISION 3 CONCRETE 03300 Cast -In -Place Concrete DIVISION 4 MASONRY 04810 t3nit Masonry Assemblies 04900 Masonry Restoration and Cleaning DIVISION 5 METALS 05120 Structural Steel 05400 Cold- Formed Metal Framing 05500 Metal Fabrications DIVISION 6 WOOD AND PLASTIC 06100 Rough Carpentry 06410 Custom Cabinets DIVISION 7 THERMAL AND MOISTURE PROTECTION 07112 Sheet Membrane Flashing 07212 Board and Batt Insulation 07250 Air Barrier System 07550 Modified Bituminous Membrane Roofing and Roofing Coating System 07595 Preparation for Re- Roofing 07620 Sheet Metal Flashing and Trim 07840 Firestopping 07900 Joint Sealers DIVISION 8 DOORS AND WINDOWS 08110 Steel Doors and Frames 08212 Flush Wood Doors 08410. Metal- Framed Storefronts 08460 Automatic Entrance Doors 08710 Door Hardware 08800 Glazing DIVISION 9 FINISHES 09205 Furring and Lathing 09220 Portland Cement Plaster 09260 Gypsum Board Assemblies 09300 Tile 09510 Acoustical Ceilings 09650 Resilient Flooring 09685 Carpet Tile 09900 Paints and Coatings DIVISION 10 SPECIALTIES 10100 Visual-Display Boards 10170 Plastic Toilet Compartments 10210 Wall Louvers 10260 Corner Guards 10400 Identification Devices 10523 Fire Extinguishers and Cabinets 10800 Toilet, Bath, and Laundry Accessories DIVISION 11 EQUIPMENT DIVISION 12 FURNISHINGS 12495 Vertical Blinds DIVISION 13 SPECIAL CONSTRUCTION DIVISION 14 CONVEYING SYSTEMS DIVISION 15 MECHANICAL 15010 Basic Mechanical Requirements (For Re- Roofing Only) 15050 Basic Materials and Methods 15051 Starting of Systems 15140 Supports and Anchors 15170 Motors and Motor Controllers 15190 System Identification and Pipe Marking 15240 Sound and Vibration Control 15260 Piping Insulation 15290 Duct Insulation 15410 Plumbing Piping and Valves 15440 Plumbing Fixtures 15510 Hydronic Piping Above Grade 15515 Hydronic Specialties 15540 HVAC Pumps 15546 Chill and Heating Water Treatment 15558 Finned Water Tube Boilers 15855 Air Handling Unit 15858 Series Fan Powered Terminal Box 15860 Power Ventilators 15881 Air Distribution Devices 15885 Air Filters 15890 Metal Ductwork 15891 Fabric Ductwork 15910 Ductwork Accessories 15950 Direct Digital Controls 15990 Testing, Adjusting, and Balancing DIVISION 16 ELECTRICAL 16010 Electrical General Provisions 16060 Grounding 16075 Electrical Identification 16123 Wire and Cable 16136 Raceways 16140 Wiring Devices 16441 Disconnect Switches 16442 Low Voltage Panelboards 16510 Luminaires 16671 Surge Protective Devices (SPDS) for Low - Voltage Electrical Power Circuits (Internal) 16740 Telephone /Data Systems 16750 Cable TV Systems EXHIBITS Appendix A: Subsurface Investigation Appendix B: Specifications for Asbestos Abatement LIST OF DRAWINGS NOTICE AGREEMENT (Rev. June 2010) PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS RE -BID NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS RE -BID; BOND 2008; PROJECT NO 4377; consists of the renovation and reconfiguration of the existing 13,579 s.f. Greenwood Branch Library facility, and additional site improvements including site drainage, existing parking lot reconditioning, and new sidewalks. The renovation and reconfiguration consists of exterior building renovations to exterior finishes, curtainwall, glazing, and roofing, asbestos containing material removal, and a complete interior reconfiguration including new partitions, floor, wall and ceiling finishes, and replacement of existing mechanical, plumbing and electrical systems, Additive Alternate A: Concrete paving for Greenwood parking lot Additive Alternate B: Electrical service feeder conduit and wire replacement Additive Alternate C: Rocket activity millwork Additive Alternate D: Space shuttle activity millwork Additive Alternate E: Rocket arbor millwork Additive Alternate F: Book shelving millwork Additive Alternate G: Aggregate seal coat for Horne Road parking lot in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on 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 10:00 a.m., Wednesday, June 1, 2011 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. This project is partially funded in part through the Community Development Act, of 1974 with funds approved in FY 2010. Approximately 3t of the total estimated project cost will be funded through this source. This project is funded through the Community Development Act of 1974 by funds approved in FY2010. Approximately 3t of the total estimated project cost will be funded through this source. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be •considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured' from the City Engineer upon a deposit of Fifty and no /100 Dollars $50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge.; The 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 CHRIS'T'I; TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of following amounts is required: coverage in the TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property PER OCCURRENCE / AGGREGATE Damage 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 BUILDERS' RISK $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements REQUIRED NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change On any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6 -11 or Special Provisions section of the contract. A completed "Disclosure of interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B w� I: NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The fo lowing 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, §4006.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers` compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(444). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project—Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)- -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing Iabor, 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 c for a governmental entity. ntract (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; j (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage perio during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three yea thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to person entitled to them by law; and any (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 l a sed on proper reporting of classification codes and payroll amounts and filing of any coverag rgreements; (2) provide a certificate of coverage showing workers' compensation coverage to the go ental entity prior to beginning work on the project; (3) pro de the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following ext provided by the commission on the sample notice, without any additional words or chang : Attached Graphic (8) con tually require each person with whom it contracts to provide services on a project to: (A) pro de coverage based on proper reporting of classification codes and payroll am ounts and fil of any coverage agreements for all of its employees providing services on the project, for the d tion 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 se Lion; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate o� 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; kid (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 covers 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) -(II) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end the coverage period shown on its current certificate of coverage, a new certificate showing a nsion of coverage, if the coverage period shown on the certificate of coverage ends during the d tion 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; d (B) prior to the end of the coverage period, a new certificate of coverage showing a lion of the coverage period, if the coverage period shown on the current certificate of coverage a ds during the duration of the project; Page 5 of 11 (6) year ther all required certificates of coverage on file for the duration of the project and for one r; (7) notif the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any p vision 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 in 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 requir 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 Si Article 6675; §40). d atutes, (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 explic tly 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, d 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 T28S110. '►REQU 110(4.)(7) D WORKERS' COMPENSATIONCOPERriGE" "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. ThL includes persons providing hauling or delivering equipment or materials, or providing labor or transportation or other s .ce related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 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, CC- 82, TWCC 83, or T 'WCC 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 006.096) - 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 of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and f ling 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 mush prior to the end of the coverage period, fie a new certificate of coverage with the governmental entity showing that coverage has been extended K The contractor shall obtain from each person providing services on a project, and pro de 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 p ons 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 o coverage ends during the duration of the project. Page 9 of 11 F. The c tractor shall retain all required certificates of coverage for the duration of the project and for o - year thereafter. G. The c. tractor shall not the governmental entity in writing by certified mail or personal delivery, ithin 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The c prescrib services coverag 1. The co services tractor shall post on each project site a notice, in the text, form and manner by the Texas Workers' Compensation Commission, informing all persons providing the project that they are required to be covered, and stating how a person may verify nd report lack of coverage. actor shall contractually require each person with whom it contracts to provide a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certaf sate of coverage, prior to the other person beginning work on the project; and (b) a newt certificate of coverage showing extension of coverage, prior to the end of the coverage covera period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year there ifter; (6) notify die governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contr tually require each person with whom it contracts, to perform as required by paragrap (1) - (7), with the certificates of coverage to be provided to the person for whom they are provi ng services. J. By si i g this contract or providing or causing to be provided a certificate of coverage, the contracto is representing to the governmental entity that all employees of the contractor who will provi services on the project will be covered by workers' compensation coverage for the . duration the project, that the coverage will be based on proper reporting of classification codes ayroll amounts, and that all coverage agreements will be filed with the appropriate insurance arrier or, in the case of a self - insured, with the commission's Division of Se f Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contrac or 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 . y the contractor which entitles the governmental entity to declare the contract void if the cons i ctor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 SECTION A SPECIAL PROVISIONS GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS RE -BID BOND 2008 PROJECT NO. 4377 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 will be r floor of 8, 2011. official ceived in ity Hall, Proposals City Secretary's Office City of Corpus Christi 1201 Leopard Street •- Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS RE -BID, BOND 2008; PROJECT NO. 4377 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 the bid opening. A pre -bid meeting will be held on Wednesday, June .1, 2011, beginning at 10:00 a.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX: and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project This Project Consists of: the renovation and reconfiguration of the 'existing 13,579 s.f. Branch Library facility, and additional site improvements incl drainage, landscaping, landscape irrigation system, existing p reconstruction, and new sidewalks. The renovation and reco consists of exterior building renovations to exterior finishes, c glazing, and roofing, asbestos containing material removal, and interior reconfiguration including new partitions, floor, wall a finishes, and replacement .of existing mechanical, plumbing and systems. (Rev Greenwood ing site king lot iguration tainwall, complete ceiling lectrical ction A - SP ed 12/15/04) Page 1 of 23 Additiv- Alternate A: Concrete paving for Greenwood parking lot Additiv Alternate B: Electrical service feeder conduit and wire replacement Additiv ^ Alternate C: Rocket activity millwork Additiv Alternate D: Space shuttle activity millwork Additiv- Alternate E: Rocket arbor millwork Additiv Alternate F: Book shelving millwork Additi Alternate G: Aggregate seal coat for Horne Road parking lot. in accordance with the plans, specifications and contract documents. All wo shall meet the current requirements /standards of the American with Disabil' ties Act (ADA) and .the Texas Department of Licensing and Regulation TDLR) -Id shall be in accordance with the plans, specifications and contract docume is A -4 -thod of Award The To availab followi 1 Base Bid and Additive Alternates will be considered subject to the lity of funds budgeted by the City and will be evaluated based on the g order of priority: . Total Base Bid -or- . Total Base Bid plus Any or ALL Combination of Alternates The Ci y reserves the right to reject any or all bids, to waive irregul rities and to accept the bid which, in the City's opinion, is most advanta eous to the City and in the best interest of the public. A -5 2 ems to be Submitted wakth Proposal The fol lowing items are required to be submitted with the proposal: 1. St Bid Bond Must reference GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS RE -BID, BOND 2008; PROJECT NO. 4377 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any ate or National Bank will also be acceptable.) 2. isclosure of Interests Statement 3. Qualifications of Asbestos Abatement Contractor: All bidders shall submit a resume. The resume may include as much elLvidence as deemed necessary to establish qualifications for asbestos related work. The resume shall be submitted with this proposal. Non - mission of resume with proposal shall be considered grounds for jection of bid. me of Completion/Liquidated idated Rama es A -6 omp qu Damages working time for completion of the Project will be 240 calendar days. No additional time shall be granted should any of the Additive Alternates be awarded. The Contractor shall commence work within ten (10) calendar days after of written notice from the Director of Engineering Services or design.- ("City Engineer ") to proceed. For ea calendar day that any work remains incomplete after the time specifi -d in the Contract for completion of the work or after such time Section A - SP (Revised 12 /15/04) Page 2 of 23 period as extended pursuant to other provisions Of this Contract, $250 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an es mate of the damages that the City will sustain from delay in completion of. a work, which damages by their nature are not.capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct fr .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 or its employees working on the Project is terminated or canceled for an reason, and replacement workers' compensation insurance coverage mee 'ng the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be eplaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Proj ct. Furthermore, for each calendar day including and after the effective) date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation. insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. 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 receive appropriate space provided in the proposal. Failure to do so interpreted as non- receipt. Since addenda can have significant impa proposal, failure to acknowledge receipt, and a subsequent interpr non - receipt, could have an adverse effect when determining t responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Buildin• Construction Construction. In case of conflict, Contractor shall use higher wage In the will be t on the ation of e lowest d Rea Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum rates for Nueces County, Texas as set out in Sectic C. The Contractor and any must not pay less than the specified wage rates to all laborers, workmen, ate Se (Revie ly wage r mechanics ion A - SP 12/15/04) ge 3 of 23 emp forfeit workman, classif accurat empl worker. The Co Cbntrac others bi- addi ' by than in the execution of the Contract. The Contractor or subcontractor shall sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, or mechanic employed, if such person is paid less than the specified rates for the tin of work performed. The Contractor andh subcontractor must keep an record showing the names and classifications of all laborers, worlm en, and mechanics by them in connection with the Project and stowing the actual wages paid to each ctor will make bi- weekly certified payroll suhmi.tta1s to the City Engineer. The will also obtain copies of such certified payrolls from all subcontractors and rking on the Project. These documents will also be submitted to the City Engineer (See section for Minority /Minority Business Enterprise Participation Polircy for requirements concerning the proper form and content of the payroll submittals.) One and excess Section one -half MD times the specified hourly wage must be paid for all hours worked an 40 hours in any one week and for all hours worked on Sundays or holidays. (See -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 peraticm with Public Age ies (Revised 7/5/00) the Contractor shall cooperate with all public and private agencies with facilities operating within limits of the Project.. The Contractor shall provide a forty- eight (48) hour notice any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System 1- 800- 344 -8377, the Zone Star Notification Company at 1 -800 - 669 -8344, and Verizon Dig Alert at 1 -800- 483 - 6279. For the Cantractor's convenience, the following telephme numbers are listed. City Engineer Project Architect Salk Navaborno, LLC Traffic Engineering ponce Department W er Department Wa tewrater Department GaS Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP S B C City Street Div. for Traffic Signal /Fiber optic Locate Cablevisic®. ACSI (Fiber Optic) 4C (Fiber Optic) ChoiceCcm (Fiber Optic) (Fiber Optic) Fiber Optic (MAN) A -12 intenance of Services 826 -3500 361 -854 -1471 826 -3540 886 -2600 826 -1881 826 -1800 885 -6900 826 -1875 826 -3461 826 -1940 1- 877 -373 -4858 881 -2511 (1- 800 - 824- 4424,after hours). (826 -1888 after mss) (826 -1888 after hours) (885 -6900 after hours) (826 -1888 after hours). 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -4355 826 -1960 (857 -5060 after hours) (Pager 800 - 724 -3624) (Pager 888-204-1679) (Pager 850 -2981) (Mobile) The Col tractor shall take all precautions in protecting existing utilities, both ove and below ground. The Drawings show as much information as can be reaso ly obtained from existing as -built drawings, base maps, utility. record , etc. and from as much field work as normally deemed necessary for the c struction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of sure information is not guaranteed. It is the Contractors sole and complee responsibility to locate such underground features sufficiently in advanc= of his operations to preclude damaging the existing facilities. If Section A - SP (Revised 12/15/04) Page 4 of 23 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 lace the utilities back in service to construct the work as intended at no i rease in the Contract price. All such repairs must conform to the requireme s of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i. broken, cut, etc.), flow must be maintained. Sewage or other liquid must handled by the Contractor either by connection into other sewers or by emporary pumping to a satisfactory outlet, all with the approval of the City ngineer. Sewage or other liquid must not be pumped, bailed or flumed over t streets or ground surface and Contractor must pay for all fines and remedi ion 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 and to provide a minimum of inconvenience to motorists and the public The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. condition The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of track spilled materials going to or from the construction area. Hand la mechanical equipment must be used where necessary to .keep thes clear of job - related materials. Such work must be completed w4 increase in the Contract price. Streets and curb line must be cleaned at the end of the work frequently, if necessary, to prevent material from washing into sewer system. No visible material that could be washed into sto 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 dri be filled with "clean° dirt. "Clean" dirt is defined as dirt that of providing a good growth of grass when applied with se fertilizer. The dirt must be free of debris, caliche, asphalt, c s (ReviIs o direct d and /or ✓ and /or roadways hout any or more he storm sewer is ways must s capable /sod and crete and tion A - SP d 12/15/04) age 5 of 23 any oth grass. All exi remove. All n= sidewalks, Excavat'on A -16 D r material that detracts from its appearance or hampers the growth of ting concrete and asphalt within the limits of the Project must be unless otherwise noted. .essary removals including but not limited to pipe, driveways, etc., are to be considered subsidiary to the bid item for "Street "; therefore, no direct payment will be made to Contractor. ..osal /Salva -e of Materials Excess - cavated material, broken asphalt, concrete, broken culverts and other 'wanted material becomes the property of the Contractor and must be remove. from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 City Engineer Field Office NOT USED 120 sgtii rc feet of The field be and h useable space. office must air conditioned cd and must be furnished inclined least Jp" with an table that measure° at x 60" and two (2) Thc Contractor office a xairs. shall moire the field n the by the City Engineer his Thc fi- cite as required or representative. d office must be furnished telephone (with 21 hour ancwcri with a per—day service) and FAX machine for by the Contractor. There is g paid ne itcm for the field aeparat pay office. A -18 Schedule and Sequence of Construction The Contractor CALENDAR submitt pre -co The pla 1. Initial shall submit to the City Engineer a work plan based only on days. This plan must detail the schedule of work and must be d to the City Engineer at. least three (3) working days prior to the truction meeting. must indicate the schedule of the following work items: Schedule: Submit to the City Engineer three (3) days prior to the for 2. Items Pre - Construction Meeting an initial Construction Progress Schedule review. 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. Stmittal.Dates: Indicate submittal dates required for all submittals. 4. ReiSubmission: Revise and resubmit as required by the City Engineer. 5. Priodic Update: Submit Updated Construction Progress Schedule to show actual A -19 Construction progress of each stage by percentage against initial Schedule. Project La out and .Control The dr- ings may depict but not necessary include: lines, slopes, grades, sectio , measurements, bench marks, baselines, etc. that are . normally require. to construct a project of this nature. • Section A - SP (Revised 12/15/04) Page 6 of 23 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 nec-ssary for control of the work. If, during construction, it is necessary to disturb or destroy point or bench mark, the Contractor shall provide the City or Project Engineer 48 hours notice so that alternate control poin established by the City or Consultant Project Engineer as necessa cost to the Contractor. Control points or bench marks damaged as a the Contractor's negligence will be restored by the City or Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed grade to properly execute the work, the Contractor shall obtain a the City or Consultant Project Engineer prior to deviation. If, opinion of the City or Consultant Project Engineer, the required would necessitate a revision to the drawings, the Contractor shal supporting measurements as required for the City or Consultant Engineer to revise the drawings. 11 11 control nsultant can be , at no esult of nsultant line and royal of in the eviation provide Project 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.PrL.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 permi Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipe and flow line) ( TXDOT and RR permi Stormwater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) ( TXDOT and RR permi A -20 Testing and Certification All tests required under this item must be done by a recogniz laboratory selected by the City Engineer. The cost of the laborato will be borne by the City. In the event that any test fails, that s (Revi s testing testing est must tion A - SP d 12/15/04) age 7.of 23 be don- over after corrective measures have been taken, and the cost of retest'ng will be borne by the Contractor and deducted from the payment to the Co .ractor. The C. tractor must provide all applicable certifications to the City Engine=! - A-21 P • ect Si The Co ractor must install 1 Project sign as furnished by the City and as indica .d in Section A. The Contractor must also furnish and install 1 CDBG sign a- indicated in Attachment II. The signs must be installed before const •tion begins and will be maintained throughout the Project period by the Co ractor. The location of the sign will be determined in the field by the Ci Engineer. A -22 M • -rit /Minorit Business Ente •rise Partici•ation Polio (Revised 10/98) 1. P.. IC I is the policy of the City of Corpus Christi that maximum opportunity iT 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 b c Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. 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. 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 Section A - SP (Revised 12/15/84) Page 8 of 23 partnership property must be owned by on minority person(s). (c) For an enterprise doing business as a corpo least 51.0% of the assets or interest in the shares must be owned by one or more person(s). 2. Controlled . or more tion, at orporate minority The primary power, direct or indirect, to manage . 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 • receive 51.0% or more of the total profits, bonuses, (11 vidends, 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 proprietorshi that is owned and controlled by a woman, a partnership at least 51.0% of . whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or ' nterests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of tw or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may, satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.•% of the work. Minority members of the joint venture must ha e either financial, managerial, or technical skills in the w• k to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minorit Business Enterprises expressed in percentage terms for the C. tractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterpri (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work of federal participation) performed in the Contract, approved change orders. The hours of minority employme substantially uniform throughout the length of the Contr each trade. The transfer of minority employees from Co S (Revi egardless including must be ct and in ractor to tion A - SP d 12/15/04) age 9 of 23 Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. C• •fiance 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. 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 I• section Re• ired (Revised 7/5/00) The Co ractor 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 complet ~Id and ready for occupancy. Contractor must obtain the Certificate of Occupan 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 /w stewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragra read as h two (2) of Section B -3 -4 of the General Provisions is changed to follows: "I$o 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 ii. any litigation against the City. All bonds must be issued by an 4proved 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 (10t) 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 bly any reinsurer may not exceed ten percent (10t) of the ✓ insurer's capital and surplus. For purposes of this section„ the a unt of allowed capital and surplus will be verified through the S to Board of Insurance as of the date of the last annual s tutory financial statement of the Surety Company or reinsurer a horized and admitted to do business in the State of Texas. The S rety shall designate an agent who is a resident of Nueces County, T as. Each bond must be executed by the Contractor and the ety. For contracts in excess of $100,000 the bond must be e cuted by a Surety company that is certified by the United States S retary of the Treasury or must obtain reinsurance for any 11..ility in excess of $100,000 from a reinsurer that is certified b the United States Secretary of the Treasury and that meets all above requirements. The insurer or reinsurer must be listed in Section A SP (Revised 12/15/04) Page 10 of 23 the Federal Register as holding certificates of authority on date the bond was issued." A -25 Sales Tax Exemption (NOT USED) Ccction B 6 22, Tax Exemption Provision, is deleted in ito cntirct following oabstitutcd in lieu thereof. the d . the Contracto for improvement o to r al property awarded by the City f Corpus Christi do not qualify for excmptiono of Ealca, Excioc, and Uric Tai s unlcoa the Contractor elect -o• to operate under a separated contract an • fined by the Texas Adminiritrativc Code, or ouch other rules or regulations a may be Other Charges" in thc proposal for the Incorporated into the Prej -eet. 3. Provide rccalc ccrtifi atco to supplierri. coat of materialo physically proposal value of material°. If thc Contractor doca not elect to operate under a ocparatcd con tract, ho Subcontractoro arc eligible for rialcs tan exemptions if thc oubcontractor iaoucc a rccalc ccrtifi atc to hio cupplicr. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section 2- --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 educes or restricts the insurance afforded by this coverage part, ea •h insurer covenants to mail prior written notice of cancellation o material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address:P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endor copies thereof certified by the insurer, within thirty (30) ca after the date the City Engineer requests that the Contracto Contract documents. ments, or ndar days sign. the otion A - SP (Rev ed 12/15/04) age 11 of 23 within that t the Ci Contrac employe Contrac For ea Contrac insura additio additio For co Section endorse hirty (30) calendar days after the date the City Engineer requests Contractor sign the Contract documents, the Contractor shall provide Engineer with a certificate of insurance certifying that the or provides worker's compensation insurance coverage for all s of the Contractor employed on the Project described in the insurance coverage provided in accordance with Section B -6 -11 of the , the Contractor shall obtain an endorsement to the applicable e policy, signed by the insurer, stating that the City is an al insured under the insurance policy. The City need not be named as al insured on Worker's Compensation coverage. ractual liability insurance coverage obtained in accordance with B -6 -11 (a) of the Contract, the Contractor shall obtain an ent to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, agents, servants, and employees, and each of them against and hod it and them harmless from any and all lawsuits, claims, d. ands, liabilities, losses and expenses, including court costs a attorneys' fees, for or on account of any injury to any person, orb any death at any time resulting from such injury, or any damage any property, which may arise or which may be alleged to have a ]t_sen out of or in connection with the work covered by this C ntract. The foregoing indemnity shall apply except if such in ury, death or damage is caused directly by the negligence or o er fault of the City, its agents, servants, or employees or any p son 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 Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally a cepts the Project or work_ Installation Floater coverage must be an Risk" form. Contractor must pay all costs necessary to procure such Installation 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 ob gations under the proposed contract, then prior to award, the City Enginee may require a bidder to provide documentation concerning: 1. ther any liens have been filed against bidder for either failure to pair for services or materials supplied against any of its projects begun w hin the preceding two (2) years. The bidder shall specify the name a address of the party holding the lien, the amount of the lien, the is for the lien claim, and the date of the release of the lien. If ax such lien has not been released, the bidder shall state why the im has not been paid; and 2. ther there are any outstanding unpaid claims against bidder for s ices or materials supplied which relate to any of its projects begun wthin the preceding two (2) years. The bidder shall specify the name Section A - SP (Revised 12/15/04) Page.12 of 23 and address of the claimant, the amount of the claim, the basi for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction referenc = and a financial statement, prepared no later than ninety (90) .days pri to the City Engineer's request, signed and dated by the bidder's owner, pr= -ident or other authorized party, specifying all current assets and liabilitie A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administrat •n staff, superintendents and foremen who are careful and competent and acceptable • the City Engineer. The criteria upon which the City Engineer makes this determination may 1 clude the following: 1. The Superintendent must have at least five (5) years recent experi in field management and oversight of projects of a similar size and complexi r 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 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 substit tions 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 tb 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 approve is also necessary prior to a change in field administration staff during the to 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 c• stitutes a basis to annul the Contract pursuant to section B -7 -I3. A -30 Amended 'Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Co truction Contracts" Section B -3 -1 Consideration of Contract add the following ext: Within five (5) working days following the public opening and read g of the proposals, the three (3) apparent lowest bidders (based on the Base id only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project dur. ion. S .tion A - SP (Revs 12/15/04) ge 13 of 23 5. Th names and addresses of MBE firms that will participate in the C tract, along with a description of the work and dollar amount for e h firm; and substantiation, either through appropriate certifications b federal agencies or signed affidavits from the MBE firms, that such firms meet the guidelines contained herein. Similar substantiation w 1 be required if the Contractor is an MBE. If the responses do not c -arty show that MBE participation will meet the requirements above, t bidder must clearly demonstrate, to the satisfaction of the City E ineer, that a good faith effort has, in fact, been made to meet said r -• irements but that meeting such requirements is not reasonably p•- sible. 6. A ist of subcontractors that will be working on the Project. This list may c• tain more than one subcontractor for major components of the work if the Cu tractor has not completed his evaluation of which subcontractor will p- form the work. City Engineer retains the right to approve all subcontractors that w it perform work on the Project. The Contractor shall obtain written a►•roval by the City Engineer of all of its subcontractors prior to be inning 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 soight to be substituted for or replaced during the term of the CQ tract, 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 wt'ch 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 s mitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 coicerning Considerations for Contract Award and Execution and the C ntractor's Field Administration Staff. 9. D�umentation as required by Special Provision A -35 -K, if applicable. 10. W hin five (5) days following bid opening, submit in letter form, i formation identifying type of entity and state, i.e., Texas (or other isate) Corporation or Partnership, and name(s) and Title(s) of •dividual(s) authorized to execute contracts on behalf of said entity. A -31 Under " Poli folio 1 Poli on Extra Work and Orders eral Provisions and Requirements for Municipal Construction. Contracts" 8 -8 -5 Extra Work and - •e Orders the present text is deleted and replaced with the �• tractor acknowledges that the City has no obligation. to pay for any extra work f• which a change order has not been signed by the Director of Engineering ces or his designee. The Contractor also that the City Engineer authorize change orders which do not exceed $25,000.00. The Contractor . • ledges that any change orders in an amount in excess of $25,000.00 must also •- approved by the City Council. Section A - SP (Revised 12/15/04) Page 14 of 23 A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contr- ts" B -3 -5 Execution of Contract add the following: A -33 The award of the Contract may be rescinded at any time prior to the da the City Engineer delivers a contract to the Contractor which bears the signa -s of the City Manager, City Secretary, and City Attorney, or their authorized .- signees. Contractor has no cause of action of any kind, including for breach o contract, against the City, nor is the City obligated to perform under the Cont ct, until the date the City Engineer delivers the signed Contracts to the Contrac .r. Conditions of Work Each bidder must familiarize himself fully with the conditions relat completion of the Project. Failure to do so will not excuse a bi obligation to carry out the provisions of this Contract. Contractor is attend the Pre -Bid Meeting referred to in Special Provision A-1. A -34 Precedence of Contract Documents g to the r of his minded to 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 Specification with any other referenced specifications, such as the Texas Department cf 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. Viaitor /Contractor Orientation Prior to performing wor1 any City water facil Contractor, hio oubcontractoro, and ach of their empl have on their peroon a valid curd certifying their prior at a Visitor / Contractor Safety Orientation Program condu City Water Department Pcraonncl. A Viaitor /Contras Orientation Program will be effcrcd by authorized 'ty, thc cco mutt ttcndancc by thc Safety War and who dcoirc to perform any work with 4n any City water For additional information refer to Attachment 1. facility. operated by an operator or other authorized mainte thc City Water Department. (Rev/ ction A - SP ed 12/15/04) age l5 of 23 Protccti lit1r Thc City muot dclivcr watcr of drinking quality to ito suotomcrs at in talc job- oitc and chall coordinate ito work with the City Watcr Department to protect the quality of the water. Conformity conform to American National Standardo znotitutc /National Such matcrialo includc all oolvcnto, deanery, lubricant-pa -gaokcto, must not bc uocd unlouo they conform with ANSI /NSF Standard 61 and The Contractor shall providc the Engineer with copied of writtcn ZrZ could come into contact with potablc watcr. Handling and Diopoaal of Traoh oubcontractoro, muot bc contained at all timcs at the watcr facility oitc. Blowing traoh will not be allowed. -Thc Contractor daily. Contractor'o peroonncl muot wear eolorcd uniform overalls othcr- company name and individual employee identification. muot be cl arly labeled with company aamc. No private employee vchicico are allowed at 0. N. Stevcno Watcr Treatment Plant. All peroonncl mutt bc in company vchicico. During - working houwc, arca nor wandcr through any buildings other than for required work Section A - SP (Revised 12/15/04) Page 16 of 23 K. Contractor Qualifications ACQUISITION) CCADA (SUnERVICORY CONTROL .AND DATA be performcd only by qualificd technical and oupervioory ao dctcrmincd by mccting the qualifications 1 thru 9 b work includes, but is not limited to, modificationo, ehangc3, cclection3, furniohing, installing, programming, customising, debugging; calibrating, or p operation all hardware and /or software Specified or re The Contractor or hi3 acontractor propooing to perfo sonnal . Thio itiono, ccting, :ing in Lrcd by Hc is regularly engaged thc cuter baccd itoring and control oyatcm bucincos, preferably ac appli d to the thsec prior projccto. 3. He ha3 bccn actively engaged in thc typc of work spccified hcrcin for at 1 ant 5 y aro. 1. Hc cmploys a Rcgiotcrcd Profccsional Enginccr, p Control Systcmo Enginccr, or an Elcctriaal Enginccr to cuperviic or perform the work rcquircd by this cpccificatiens. 5. Hc cmploys peroonncl on this rrojcct who have cuc coofully complctcd a manufacturer's training couroc in c nfiguring 6. Ho- maintains permanent, fully otaffcd and maintain, repair, Specified hcrcin. Hc shall furnish equipment which calibrate, quippcd and program the thc produ Systems of one not practical, all cipmcnt of a given typc will be the pEeduct of one manufacturer. Prior performance at the o N Ctcvcns water rcatmcnt Plant will be uocd in evaluating which Contactor of Subcontractor programs thc new work for .this Projc Thc Contractor Shall prodecc all filled out programming blocko requircd to chow thc programming ac cdcd and programming blocko which thc City roquirco to be fillcd in and given to thc City Enginccr with all chaegcc u dc during thc programming phase. Thc attached sheet is an mplc and L. Trcnching Rcquiremex s All trcnching for thin project at the O. AT. Stcvcno water Plant obn:ll be performed liaerig a backhoc or had clogging Trgatmcnt uc to the s (Revi Lion A - SP d 12/15/04) ge 17 of 23 A -36 Ot•er Submittals I. Sh.p Drawing Submittal: The Contractor shall follow the procedure ou lined below when processing Shop Drawing submittals: Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section 'Attachment I "; 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. 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. 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. 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. 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. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 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. S. pies: The Contractor must submit samples of finishes from the full r. ge of manufacturers' standard colors, textures, and patterns for City E ineer's selection. Section A - SP (Revised 12/15/04) Page 18 of 23 3. Test and Repair Report When specified in the Technical Specifications Section, Contr submit three (3) copies of all shop test data, and repair r all on -site test data within the specified time to the City En approval. Otherwise, the related equipment will not be approv=e; on the project. tor must ort, and neer for for use A -37 Amended "Arrangement and Charge for Water Furnished by the City" NOT SED Under "Ccncral Provioiono and Rcquircmcntc for Municipal Construction Cont D "The Contractor moot comply with the City of Corpus Chrio Conoervation and Drought Contingency Plan ac amended (the "P1 - ineladeo implementing water conccrvation mea.cu cc cotabliohcd fo conditions. The City Engineer will provide a copy of the Plan to C•ii� the pre conotxuction meeting. The Contractor will keep a copy of cta ", 'c. Water �}. This changing ractor -at c Plan on A -38 Worker's Compensation Coverage for Building or Construction Pro ects for Government Entities The requirements of "Notice to Contractors -13" are incorporated by in this Special Provision. reference 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 Section B -8 -6: Partial Estimates is amended to provide that a estimates from which partial payments will be calculated will not i net invoice value of acceptable, non - perishable materials delive Project worksite unless the Contractor provides the City Engi documents, satisfactory to the City Engineer, that show that th supplier has been paid for the materials delivered to the Project wo A -41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on days an ozone advisory has been issued, except for repairs. The City En notify Contractor about ozone alert. If a delay such as this is e the day will not be counted as a work day. Contracts roximate Jude the ed to the eer with material ksite. for which neer will erienced, A -42 OSHA Rules & Regulations. It is the responsibility of the Contractor(s) to adhere to all OSHA rules and regulations while performing any and all City -relat and or jobs. 5 (nevi pplicable projects tion A - &P d 12/15/04) ge 19 of 23 A -43' " -nded Indemnification & Hold Harmless Under General Provisions and Requirements for Municipal Construction Contrac ■s " B-6-21 Indemnification & Hold Harmless, text is deleted in its entiret and the following is substituted in lieu thereof: T Contractor shall hold the City, its. officials, employees, attorneys, a'. agents harmless' and shall indemnify the City, its officials, e .loyees, attorneys, and agents from any and all damages, injury or 1 . bility whatsoever from an act or omission of the contractor, or any s .contractor, supplier, material • man, or their officials, employees, a nts, or consultants, or any work done under the contract or in c ection therewith by the contractor, or any subcontractor, supplier, erial man, or their officials, employees, agents, or consultants. contractor shall hold the City, its officials, employees, attorneys, a agents harmless and shall indemnify the City, its officials, e •loyees, attorneys, and agents from any and all damages, injury, or 1 •bility .whatsoever from a negligent act or omission of the city, its o icials, employees, attorneys, and agents that directly or indirectly ses injury to an employee of the contractor, or any subcontractor, plier or materialman. A -44 Ch n Orders Should furnis of the breakd breakdo price o A -45 As (a (b a change order(s) be required by the engineer, Contractor shall the engineer a complete breakdown as to all prices charged for work change order (unit prices, hourly rates, sub-contractor's costs and s, cost of materials and equipment, wage rates, etc.). This information shall be submitted by contractor as a basis for the the change order. Built Dimensions and Drawings (7/5/00) A-46 D The Ci tcatin in th disinf Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. sposal of Highly Chlorinated water (7/5/00) NOT USED tractor shall be responcibbc for the dispocal of water used for diainfcction and linc flushing in an approved manner. Contaminants watcr, particularly high levels of chlorins, will be used or tion, and may cxcccd the permissible limits for diachargc into Section A - SP (Revised 12 /15/04) Page 20 of 23 ' :1 wctlandc or cnvironmcntally ocnaitivc ar ao. Thcsc arc rcgulatcd by numcrou3 agcncieo ouch as TNRCC, EPA,. ctc. It will be thc Contractor' o resp• oibility to comply with thc requirement❑ of all regulatory agcncicc in the *.-posal of all water uocd in thc projcct. The methods of dicpocal chall be c spitted to the City for approval. Thcrc ohall be no ocparatc pay for dioposal f highly chlorinated water. Contractor shall not use the City',o canitary se - item for dicpocal of contaminated watcr. A -47 Pre - Construction Exploratory Excavations (7/5/00) NOT USED Prier to any cemst uction whatcvcr on thc projcct, Contractor ohal excavate and cxpoac all cxioting pipclinco of thc projcct that croon within t fcct of proposed pipelinco.of thc projcct and Contractor ohall ourvcy e exact vertical and-horizontal location e'f each cessing and petcntially c flitting pipclinc. thc accurate horizontal and vcrti.al locations of oaid parallel pipLinc- at 300 feet maximum O.C. Contractor shall then prepare a rcport and submit it to thc City foIapproval indicating thc Owner of pipeline cxavatcd and ourvcycd, ao well as thc approximate station thcrcof, distance to thc pavcmcnt centerline and e1eva.tiono -of the top of exintnng pipclincc. Contractor shall perform no construction work on thc projcct until all exploratory excavations have beta made in their entirety, the rcaulta thcrcof rcportcd to the Engineer and until Contractor rcecivco Enginccr'a approval of rcport. Exploratory excavations shall be paid for on a lump sum bacia. Any pavcmcnt rcpair accociatcd with cxploratory cx avationo shall be paid for ac rding to thc cctabliahcd until pricc of pavoment patching. Contractor cha1 providc all his, own survey work effort (no ocparatc pay) for cxploratory cx vationo. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all. OSHA safety requirements with proximity of construction equipment beneath overhead electrical wi are many overhead wires crossing the construction route and construction route. Contractor shall use all due diligence, pr etc., to ensure that adequate safety is provided for all of his emp operators of equipment and with regard to ensuring that no damage t overhead electrical wires or facilities occurs. regard to s. There ong the autions, yees and existing Contractor shall coordinate his work with CP &L and inform CPS of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while not. It shall be the Contractor's sole responsibility to provide fo safety with regard to overhead lines whether shown in the plans or n s hers are adequate Lion A - SP d 12/15/04) ge 21 of 23 A -49' -nded "Maintenance Guaranty" (8/24/00) ti� Under General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: e Contractor's guarantee is a separate, additional remedy available t benefit the City. of Corpus Christi. Neither the guarantee nor e 'iration of the guarantee period will operate to reduce, release, or inquish any rights or remedies available to the City of Corpus isti for any claims or causes of action against the Contractor or any er individual or entity." A -50 nded Prosecution and Progress Under I General Provisions and Requirements for Municipal Construction Contrac•s ", B -7 Prosecution and Progress, add the following: 11 ds are appropriated by the City, on a yearly basis. If funds, for a reason, are not appropriated in any given year, the City may direct s pension or termination of the contract. If the Contractor is t inated or suspended and the City requests remobilization at a later e, the Contractor may request payment for d- obilization /remobilization costs. Such costs shall be addressed ough a change order to the contract." A -51 W dstorm Certification All of =cted materials and installation shall comply with Texas Department of Insura ce Requirements for windstorm resistant construction for design wind speed as required by IBC 2006. Contractor shall be responsible for contrasting with.a licensed structural engineer in the State of Texas to perfo all inspections and provide documentation for windstorm certification to the Texas Board of Insurance. Section A - SP (Revised 12/15/04) Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT: GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS RE -BID; BOND 2008 PROJECT No. 4377 OWNER: CITY OF CORPUS CHRISTI ARCHITECT: SolkaNavaTorno, LLC CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Se Lion A - SP (Revts d 12/15/04) P ge 23 of 23 commnotwarT-Pur tatligUttAtic. - • • • . ..Trr • iiiigra . Os . 1Wit P1WriPtii01 :.iiiiiiO4 . 14i� .;x Uilitrila :. : Was . : . . . 41 :_•.i..100'i it.i4; 0.0.0 .... . . . . . . . : , . . . . ... . .4j. 4i.. .iii!sge.,iiiit.. 0,6:: iiaisi 13*. . it. , bin° . WI , . .. , .,.M iv gmbokiiiiiiiti , . . . . . . . . 00.40 . .. Siitgikkii edioi a a tir.st. otoopi7p21)._,. -...svb--,.4t413.0.B[411ritong:: sibflos4iuvii#TP•kcintc.5:- . . . 4 .. . . .. . . subzoink ige.bid—o- aft* i ' . ..- . . 411111' ATTACHMENT 1 Page 1 of 1 r r. ATTAWINENX 1711 C BG PROJECT SIN fattnci (lite (-afters CITY',OF retW1,),$,CH .flMff1i GevOoproarit Block Want PM% S,.. tIERARTM f(t)(0: .u.ReARIWVEWPMENT CMG FLINM.:.: A Tel Projectests F7hcij 1-00*--6190 whom it Is mqat *ktle tome $4n ts, made *pm ftaet ket stoat:ft Ye plywood_ Siga-should be posted at a mitlialtiffl of thAn e'' P ATTACHMENT 3 Page 1 of 1 J 1-40ta.--44.1ial.Z=0 742 PzaLlare.lia 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 off# Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Elite General Contractors, LLC termed in the Contract Docu ents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $1,385,100.00 by City and other oblia, City as set out herein, Contractor will construct and complete certain impr described as follows: GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS RE -BID BOND 2008 PROJECT NO. 4377 (TOTAL BASE BID + ADD.ALTS. C,D,E &F: $1,385,100.00) according to the attached Plans and Specifications in a good and workmanlik for the prices and conditions set out in their attached bid proposal supplyin expense such materials, services, labor and insurance as required by the Contract Documents, including overseeing the entire job. The Contract D include this Agreement, the bid proposal and instructions, The General an Provisions and Requirements for Municipal Construction Contracts of the City Christi, plans and specifications, including all maps, plats, blueprints, drawings, the Performance and Payment bonds, addenda, and related docum which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun-2010 ations of vements manner at their attached cuments Special f Corpus nd other nts all of 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 240 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be l able 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 ATTES City ecretary APPROVED AS TO LEGAL FORM: c By: Asst. City Attorney ATTEST: (If Corporation) (Seal Below) (Note: if Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CH F ISTI By: Juan Perales, Jr.,�.E. Assistant City Ma alter Public Works, Utilities, and Transportation By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Elite General Contractors, LLC By: Title: Pst�- 23 Great Lakes Drive (Address) Corpus Christi, TX 78413 (City) (State)(ZIP) 3611765 -7080 * 361/980-0865 (Phone) (Fax) .� AUTHORIZED SY COUNCIL Q5 3.6 SEC €TAR h Page 3 of 3 Rev. Jun -2010 P R O P O S A L F O R M F O R GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS RE -BID BOND 2008 PROJECT NO. 4377 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 7 F R O P O S A L Place: 6 7/ Date: P rOposal of ` Ttt (j e u e hr l .--e `o v- &L C OR r a Corporation organized and existing under the laws of State of cA- a Partnership or Individual doing business the 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 th- work required for: GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS RE -BID BOW' 200S PROJECT NO. 4377 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following pric:s, to- wit: PROPOSAL FORM PAGE 2 OF 7 T II III V - BID ITEM QTY Description Total Pri.e Figur: in Base Bid Lum P Sum Greenwood Library remodeling and improvements consisting of site improvements and remodeling of existing branch library. $ / 3 C5 Additive I Alternate 'A' T Lum $ Concrete Paving For Greenwood Parking Lot: Provide concrete paving at Greenwood parking lot in lieu of Base Bid asphalt paving. Refer t.S` Civil Drawings and ; Specifics i•n i Additive Alternate.,. `.= ' Electra. ..- .er C._ suit a e Replacement: �I'R . - ° - electrical service L}4.. eeder conduit and wire from um line pole to connection point in the building. Refer to $ CII 0 Electrical Drawings. Additive Alternate 'C' Rocket Activity Millwork: L Provide rocket activity SD millwork as detailed . Refer to Architectural Drawings and Specifications. _ $ � 6 MCI) , °- Additive Alternate 'D, Space shuttle activity millwork: Provide space Lump shuttle activity millwork as Sum detailed. Refer to Architectural Drawings and Specifications. $ ('C2 i,. r Additive Alternate 'E' Rocket Arbor Millwork: Provide toddler rocket arbor Lump millwork as detailed. Refer Sum to Architectural Drawings and Specifications. $ /d 01 0, - Additive Alternate '„ F ;Book Shelving Millwork: Provide book shelving Lump millwork along exterior wall Sum as detailed. Refer to Architectural Drawings and Specifications. $ (i --SZ)'i,, PROPOSAL FORA PAGE 3 OF 7 Additive Alternate `G' Aggregate Seal Coat or Horne Roa+ Pa qk g% o P ivide agg:.,� !: a ng lot. Refer to Civil Drawings and Specifications. 2 The undersigned hereby declares that he has visited tt and has carefully examined the plans, specifications and co documents relating to the work covered by his bid or bids, t a grees to do the work, and that no representations made by the C. in any sense a warranty but are mere estimates for the guidance Contractor. site tract at he y are f the Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a performance Bond (as required) for the faithful performance cf this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the propeity of the City of Corpus Christi in the event the contract and bonds ak-e not executed within the time above set forth as liquidated damages -br the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract GTd all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work 240 calendar days, (No additional time shall be granted should the Additive Alternates be awarded) from the date designated by Order. The undersigned .further declares that he . will provi necessary tools and apparatus, do all the work and furnis materials and do everything required to carry out the above men work covered by this proposal, in strict accordance with the co documents and the requirements pertaining thereto, for the sum o above set forth. li PROPOSAL FORM PAGE 4 OF 7 Within any of Work e all all Toned tract sums Receipt of the following addenda is acknowledged (ad cumber) :l ( SEAL - IF BIDDER IS a Corporation) Address: Respectfully su.mitted: Name: L,_ + By: ?"�_;...• (SIGNATURE) `2,3 Cyr - L -, ,e._s r. (P.O. Box) (Street) (City) (State) Z p) +S -`7-0 r Telephone: NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. PROPOSAL FORM PAGE 5 OF 7 cue nda (Revised August 2000) STATE OF TEXAS COUNTY OF NUECES PAYMENT BOND § BOND No. 5115760 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 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 ONE MILLION, THREE HUNDRED EIGHTY -FIVE THOUSAND, ONE HUNDRED AND NO/100 U.S. Dollars ($1,385,100.00 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: GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS RE -BID BOND 2008 PROJECT NO. 4377 (TOTAL BASE BID + ADD.ALTS. C,D,E &F: $1,385,100.00) 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, supOes 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 f time, alteration har addition tion to the terms of the contract, or to any such change, extension of t the work to be performed thereunder. (Rev. Date May 2011) Payment Bond age 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 , C unty of Nueces, and State of Texas as principal ( "Principal "), and , a solvent comp ny duly authorized under the laws of the State of Texas to act as surety on bonds for print pals ( "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 nto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may ppear, all of whom shall have a right to sue upon this bond in the penal um of ONE MILLION, THREE HUNDRED EIGHTY -FIVE THOUSAND, ONE HUNDRED AND NO /100 U.S. Dollars ($1,385,100.00 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 Sure y, bind ourselves and our heirs, executors, administrators, successors and assigns, joi tly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a written contract with the City of Corpus Christi (OWNER), dated the 30TH AUGUST, 2011 which Agreement is hereby referred to and made a part hereof and to the same extent as if copied at length herein, for the construction of: GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS RE -BID BOND 2008 PROJECT NO. 4377 (TOTAL BASE BID + ADD.ALTS. C,D,E &F: $1,385,100.00) Now, therefore, the condition of this obligation is such, that if said Principal s and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all m them owing by said Principals for subcontracts, work, labor, equipment, supple materials done and furnished for the construction of improvements of said Agreeme this obligation shall be and become null and void; otherwise to remain in full fog effect. certain day of as fully hal well oni s to es and nt, hen ce and Surety, for value received, stipulates and agrees that no change to the contr ct time or contract amount, and no alteration or addition to the terms of the contract, or tote ork performed thereunder, or to the plans, specifications, drawings, etc., accompar ing the same shall in anywise affect its obligation on this bond, and it does hereby waive iotiCe of any such change, extension of time, alteration or addition to the terms of the cont ct, 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 22 Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Reside Nueces County to whom any requisite notices may be delivered and on whom process may be had in matters arising out of such suretyship, as provided L 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and s instrument in 4 copies, each one of which shall be deemed an original, this th day of September , 20 11 PRINCIPAL Elite General Contractors, LLC By: Title: VVe> -1- Address: 23 Great Lakes Corpus Christi, TX 78413 SURETY 3, Texas hall lie in t Agent in service of Sections a d this _22 SureTec Insurance Corrigan' By: A orney- , -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 Rev. Date May 2011 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 Ire in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Nueces County to whom any requisite notices may be delivered and on whom s process may be had in matters arising out of such suretyship, as provided by 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and seal instrument in 4 copies, each one of which shall be deemed an original, this the day of 20 Agent in ervice of Sect ons PRINCIPAL SURETY e d this By: By: Title: ATTEST: Secretary Attorney -in -fact Address: Address: Rev. Date May 2011 Telephone: Fax: E -Mail: Payment Bond Page 2 f3 Name and address of Resident Agent of Surety in Nueces County, Texas, for ' el notice and service of process: Name: Kevin Keetch Agency: Keetch & Associates Address: 1718 Santa Fe Telephone: E -Mail: (Physical Street Address) Corpus Christi, TX 78463 -3280 (City) 361- 883 -3803 (State) (Zip) kwoods@keetchins.com very of Note: Bond shall be issued by a solvent Surety company authorized to do • siness in Texas, and shall meet any other requirements established by law or by OW R 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 e 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 Pag e 3 of 3 PERFORMANCE BOND STATE OF TEXAS COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. 5115760 That Elite General Contractors, LLC of the City of Corpus Christi , Coupty of Nueces , and State of Texas , as principal ( "Principal "), and SureTec Insurance Company , a solvent company duly authorized under the I ws 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 ONE MILLION, THREE HUNDRED EIGHTY -FI VE THOUSAND, ONE HUNDRED AND NO /100 U.S. bollars ($1,385,100.00 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: GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS RE -B1D BOND 2008 PROJECT NO. 4377 (TOTAL BASE BID + ADD.ALTS. C,D,E &F: $1,385,100.00) 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 with n period of one (1) year from the date of completion and acceptance of improvements by the City(OWN ER), then this obligation shall be void; otherwise to remain in full force an effect. Surety, for value received, stipulates and agrees that no change to the cc or contract amount, and no alteration or addition to the terms of the contract, or performed thereunder, or to the plans, specifications, drawings, etc., accomp same shall in anywise affect its obligation on this bond, and it does hereby wai\ any such change, extension of time, alteration or addition to the terms of the co the work to be performed thereunder. (Rev. Date May 2011) Performance Bond ntract time tote work an ing the e otice of itr ct, or to Pa e 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 ONE MILLION THREE HUNDRED EIGHTY -FI VE THOUSAND, ONE HUNDRED AND NO /100 U.S. Dollars ($1,385,100.00 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: GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS RE-BID BOND 2008 PROJECT NO. 4377 (TOTAL BASE BID + ADD.ALTS. C,D,E &F: $1,385,100.00) Now therefore, the condition of this obligation is such, that if said Principa 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 iberiod 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 contra t, 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 22 Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue Nueces County, Texas. 3, Texas hall lie in The undersigned agent is hereby designated by the Surety as the Resident /gent in Nueces County to whom any requisite notices may be delivered and on whom se ice 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 22 day of September , 20 11 PRINCIPAL SURETY Elite General Contractors, LLC By: Title: ATTEST: Secretary SureTec Insurance Company By: ttornefin -fact Kerry Woods Address: 23 Great Lakes Address: P. O. Box 3280 Corpus Christi, TX 78413 Corpus Christi, TX 78463 -3280 (Rev. Date May 2011) Telephone: 361- 883 -3803 Fax: 361 -883 -3894 E -Mail: kwoods @keetchins.co 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 B Project Name /No.: Various Projects Surety Company: SureTec Insurance Company Gentlemen: nds Lindey Jennings (name of Officer of su e y) , hereby certify that the facsimile power of attorney submitt -d by Kerry Woods (Attorney -In -Fact) for Elite General Contractors, LLC (Contractor), a copy of which is attached to this certificate, is = true and correct copy of the original power of attorney on file in the r -cords of the surety company in its home office, has not been amen•ed or abridged, is still in full force and effect, and said designated went 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 noti ield in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Signed this 161h day of May , 20 114. r Name: Title: Sworn and subscribed to.. before. me on this 20 11 otaa °v ai, ti Casey A. [�IaUP1tt ° � Notary Public State of Texas Y . `yo-` ; My Commission Expires March 30, 2013 (Revised 9/03) Lindey Jennings Vice President 16th day of Notary P ic State of Texas My Commission Expires: ; -'1 ( ATTAC NT 1 Fi 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 ese presents make, constitute and appoint Betty Baxter, Donna Kauf, LeeAnna Biesenbach, Kevin G. Keetch, Kerry Woods, Tracie Henderson, Lonna Pokr nt 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 inc ude ivers 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 seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in- premises. Said appointment shall continue in force. until 12/31/2012 and is made under and by authority of th 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 S hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represen 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 execut deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory un notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so ex Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimi and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting 1 1999) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, an to be hereto affixed this 3rd day of September, A.D. 2010. State of Texas County of Harris ss: yuaArNC 41 I 111wM n4 John cc‘ ei : z SURETEC INS ' • By: r., E C! PAN ith the corporate act may do in the following kary shall be and is t and act for and on e, acknowledge and gs and any and alt cuted by any such Secretary. ower of attorney or seal shall be valid ld on 20'x' of April, its corporate seal resident 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. $.07k, JACQUELYN MALDONADO Notary Pubiic, State of Texas ; My Commission Expires May 18, 2013 JU4.J. 11. 11 acq . ely aldo ado, Notary P blic y comm rsion e s May 18, 2113 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the B out in the Power of Attorney are in full force and effect. e and correct copy d ;if Directors, set Given under my hand and the seal of said Company at Houston, Texas this 22 day of September , 2011 , A.D. M. Brent Beaty, Assistant Secrt t' ry 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 3:00 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 i ormation or to make a complaint at: 1- 866 - 732 -0099. You may also write to the Surely 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, ghts or complaints at 1 -800- 252 -3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714 -9104 Fax #: 512- 475 -1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a it should contact the Surety first. If the dispute is not resolved, you may contact the Texas Departmen Terrorism Risks Exclusion im you f Insurance. The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be I .ble losses caused by acts of terrorism, riot, civil insurrection, or acts of war. for, Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does riot provide coverage for, and the surety thereon shal of be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or th - r related products or parts, nor for any environmental hazards, bio- hazards, hazardous materials, environme t:l spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, +r the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 r 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 shaI 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 se ice of process may be had in matters arising out of such suretyship, as provided by S ctions 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: Title: ATTEST: Secretary Attorney -in -fact Address: Address: (Rev. Date May 2011) Telephone: Fax: E -Mail: Performance Bond Pag 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for 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 del very of 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 ag 3 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for notice and service of process: Name: Agency: Address: Telephone: E -Mail: (Physical Street Address) (City) (State) (Zip) elivery of 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 Pag 3 of 3 City of Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING 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 wi provide the following information. Every question must be answered. If the question is not applicable, 'NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P_ O. BOX: STREET ADDRESS: G e q.c6 c 4 r-s L,L C 23 GYe. -' Jb y • CITY: ZIP: FIRM IS: 1. Corporation 2. Partnership B 3. Sole Owner 4. Association e----- 5. Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1 - State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." the City to swer with Name Job Title and City Department (if known) . X) c) a• 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constitt ring of the ownership in the above named "firm." Name Title 3% or more 3 . State the names of each "board member" of the City of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked o related to the subject of this contract and has an "ownership interest" constituting 3% or more ofthe owns above named "firm." Name Consultant L any matter ship in the PROPOSAL FORM PAGE 6 OF 7 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an econ on any City official or employee that is distinguishable from the effect that the action will have on me public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the employee or body that has been requested to act in the matter, unless the interest of the City official or — the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secre Ordinance Section 2 -349 {d }) CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have withheld disclosure of any information requested; and that supplemental statements will be promptly sub of Corpus Christi, Texas as changes occur. fri-c-A-0 met,,., 4 Title: P (Type or Print) Certifying Person: Signature of Certifying Person: DEFINITIONS Date: 4)/ a_ `Board member." A member of any board, commission, or committee appointed by the City Cou Corpus Christi, Texas. b_ "Economic benefit". An action that is likely to affect an economic interest if it is likely to have interest that is distinguishable from its effect on members of the public in general or a substantial s c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-1 as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commerci established to produce or deal with a product or service, including but not limited to, entities operat sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint ven 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 Manage Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus C f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" control established through voting trusts, proxies, or special terms of venture or partnership agree g- m c benefit be s of the iiy official, rn loyee in [Ethics nc itt t knowingly d to the City r, oil of the City of effect on that gment thereof. e basis, but not 1, and whether din the form of re, receivership Assistant City .sti, Texas. firm, including rs ti holdings or e. s." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Coipu purpose of professional consultation and recommendation. PROPOSAL FORM. PAGE 7 OF 7 C risti for the �'►�` CERTIFICATE OF LIABILITY INSURANCE OP ID: AF THIS CERTIFICATE RTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDE BELOW- THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSLF REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: RTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does certificate holder in lieu of such endorsement(s). PRODUCER Keetch & Associates Insurance P. O. Box 3280 Corpus Christi, TX 78463 -3280 Kevin G. Keetch DATE (MMIDDIYYYY} 09/08/11 CATE HOLDER. THIS D BY THE POLICIES tER(S), AUTHORIZED IS WAIVED, subject to not •nfer rights to the 361- 883 -3803 CONTACT NAME; 361 -883 -3894 PHONE �,(AlC. Na. Ext1: E -MAIL ADDRESS: PRODUCER ELITE -3 CUSTOMER ID #• INSURED Elite General Contractors, LLC 23 Great Lakes Corpus Christi, TX 78413 FAX (AI C, No): INSURER(S) AFFORDING COVERAGE INSURER A : First Mercury Insurance NAIC 1r INSURER B: Texas Mutual Insurance Company INSURER c: Union Standard Insurance Co INSURER D : INSURER E : INSURER F : CATE NUMBER: REVISION NUMBI R: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE Fi R THE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R :SPECT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEI T TO EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY PERIOD TO WHICH THIS ALL THE TERMS, ILTR A TYPE OF IN5U NCE ADDL R SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY} POLICY EXP (MMIDDNYYY) LIMITS GENERAL UABILITY X X FMTX008999 06/01111 06101/12 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRS (RENTED PREEMMI ESES {Ea occurren -} $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one perso) $ 5,000 PERSONAL & ADV INJU' Y $ j,000,000 $ V2,000,000 GENERAL AGGREGATE GE 'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/0 - GO $ 2,000,000 POLICY X . PRO- _� LOC $ J C _ AUTOMOBILE LIABILITY X X CAA4350349 06/01111 061Q1 2 �°j COMBINED SINGLE LIM (Ea accident) $ ® 1,000,000 6� X X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per pe on) $ BODILY INJURY (Per - • ident $ PROPERTY DAMAGE (Per accident) $ $ $ A X UMBRELLA LIAB . EXCESS LIAB ■ OCCUR CLAIMS -MADE CETX00I831 05109111 06101 EACH OCCURRENCE 1,000,000 AGGREGATE $ 1,000,000 DEDUCTIBLE RETENTION $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE 4 ! N I OFFICER /MEMBER EXCLUDED? (Mandatory in NH} If yes, describe under DESCRIPTION OF OPERATIONS beiow N I A X SBP0001099045 06/01111 06101 2 - X WC STATUEYS I TORY LIM OT - E E.L, EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EN P OY E $ 1,000,000 E.L. DISEASE - POLICY LIMIT I $ 1,000,000 DESCRIPTION Certificate Liability Liability, RE: OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101. 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. Greenwood library remodeling 8 improvements, project #4377 I GthtiIr14Aicnvtiur n City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 CICC-CC - ----- - -- - - - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES THE EXPIRATION DATE THEREOF, NOTICE ACCORDANCE WITH THE POLICY PROVISIONS W[LL BE CANCELLED BEFORE BE DELIVERED IN AUTHORIZED REPRESENTATIVE &Qs. ser.liti 1 - --- -__�_ ....... ACORD 25 (2009/09) 000- The ACORD narlte and logo are registered marks of ACORD . Ali rights reserved. At CCARLY CERTIFICATE OF LIABILITY INSURANCE OP ID: AF DATE (MM,DDJYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFOR BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN' REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. u C IC,ATE *ED RER(S), .0'• I1 1 HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL. INSURED, the policy(ies) must be endorsed. If SUBROGATION the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does certificate holder in lieu of such endorsement s). IS not WAIVED, subject to confer rights to the PRODUCER 361- 883 -3803 Keetch & Associates Insurance 36i -883 -3894 P. O. Box 3280 Corpus Christi, TX 78463 -3280 Kevin G. Keetch CONTACT NAME: POLICY EXP IMMIDOIYYYY} LIMITS EACH OCCURRENCE PHONE I LAIC INC No EYt}; N ; E -MAIL ADDRESS DAMAGE TO RENTED PREMISES LEa occurte Co) $ PRODUCE: PRODUCECER ELITE -3 CUSTOMER ID p: CLAIMS -MADE INSURER(S) AFFORDING COVERAGE INSURERA: Zurich Insurance Group OCCUR MED EXP Any one pars •N NAIC # INSURED Elite General Contractors, LLC 23 Great Lakes Corpus Christi, TX 78413 INSURER B : Texas Windstorm Ins Assn $ INSURER C $ GEN'L AGGREGATE 7 POLICY LIMIT APPLIES FirT INSURER D PER, LOC PRODUCTS - COMP10- AGO $ INSURER E : AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS INSURER F : COVERAGES CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 'OR INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R SPECT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.. :CT EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THE POLICY PERIOD TO WHICH THIS TO ALL THE TERMS, INSR LTR TYPE OF INSURANCE ADDL JNSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP IMMIDOIYYYY} LIMITS EACH OCCURRENCE $ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES LEa occurte Co) $ CLAIMS -MADE OCCUR MED EXP Any one pars •N $ PERSONAL & ADV IN J RY $ GENERALAGGREGAT $ GEN'L AGGREGATE 7 POLICY LIMIT APPLIES FirT PER, LOC PRODUCTS - COMP10- AGO $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LI IT (Ea accident) BODILY INJURY (Per rson $ BODILY INJURY (Per a cident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE $ DEDUCTIBLE RETENTrON $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED, (Mandatory in NH) ff yes, describe under DESCRIPTION OF OPERATIONS below YIN N 1 A WC STATU- TORY LIMITS OTH- $P E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE 5 E.L. DISEASE - POLICY LIMI` $ A g Builders Risk Wind Builders Risk 8870550753 BOUND 09/12/11 09/12111 09112/12 09/12112 contract contract 1,386,100 1,385,100 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Builders Risk policies include City of Corpus Christi as loss payee. RE: Greenwood library remodeling & improvements, project #4377. . CERTIFICATE HOLDER CANCELLATION CICC -CC City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICI THE EXPIRATION DATE THEREOF, NOTICE ACCORDANCE WITH THE POLICY PROVISIONS. . BE CANCELLED BEFORE ILL BE DELIVERED IN AUTHORIZED REPRESENTATIVE Lickr.11111 ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATI The ACORD name and logo are registered marks of ACORD II rights reserved. ACC:SPRLY CERTIFICATE OF LIABILITY INSURANCE OP ID: AF DATE(MMIDD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFOR BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INS REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ICATE D RER(S), •••••var 1 1 HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does certificate holder in lieu of such endorsement s). 1S of WAIVED, subject to confer rights to the PRODUCER 361 - 883 -3803 Keetch & Associates Insurance P. O. Box 3280 361 -883 -3894 Corpus Christi, TX 78463 -3280 Kevin G. Keetch CONTACT NAME: POLICY EFF jMMIDDIYYYY) POLICY EXP JMMFDD1YYYYL !CNN EYtI: I (al , Nod: E-MAIL PRODUCE: LIABILITY COMMERCIAL GENERAL LIABILITY CUSTOMER ELITE -3 CUSTOMER ID t!: INSURER(S) AFFORDING COVERAGE INSURER A: Zurich Insurance Group EACH OCCURRENCE $ NAIC It INSURED Elite General Contractors, LLC 23 Great Lakes Corpus Christi, TX 78413 INSURER e: Texas Windstorm Ins Assn OCCUR MED EXP (Any one pets n) INSURER C: PERSONAL& ADVINJU -Y INSURER D : GENERALAGGREGA —: INSURER E ; GE 'L AGGREGATE LIMIT APPLIES PER: POLICY n T n LOC PRODUCTS - COMP/0 AGG INSURER F : $ COVERAGES CERTIFICATE NUMBER: • CERTIFICATE HOLDER CANCELLATION I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THE POLICY PERIOD TO WHICH THIS TO ALL THE TERMS, INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF jMMIDDIYYYY) POLICY EXP JMMFDD1YYYYL UM TS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one pets n) $ PERSONAL& ADVINJU -Y $ GENERALAGGREGA —: $ GE 'L AGGREGATE LIMIT APPLIES PER: POLICY n T n LOC PRODUCTS - COMP/0 AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LI IT (Ea accident) $ BODILY INJURY (Per p on $ BODILY INJURY (Per a. ieen) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA UAB EXCESS LIAB OCCUR CLANS-MADE EACH OCCURRENCE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ A B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTiVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under. DESCRIPTION OF OPERATIONS below YIN N ! A 1 WC STATE- TORY LIMITS OTF- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EN P OYEE $ E.L. DISEASE - POLICY LIMIT $ Builders Risk Wind Builders Risk BR70550753 BOUND 09/12/11 09112/11 09/12112 09/12/12 contract 1,385,100 contract 1,385,100 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Builders Risk policies include City of Corpus Christi as toss payee. RE: Greenwood library remodeling & improvements, project #4377. CERTIFICATE HOLDER CANCELLATION I CICC -CC City of Corpus Christi P.D. 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 40:44. NElitik ACORD 25 (2009/09) © 1988 -2009 ACORD CORPORATIO The ACORD name and logo are registered marks of ACORD AilI rights reserved. COMMERCI L AUTO CAO. 1604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFU L 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 uni - s modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another dat s i below. dicated Endorsement Effective: 06/01/2011 Countersigned By: (Authorized Representative) Named Insured: Elite General Contractors LLC SCHEDULE Number of Days' Notice 30 \,( 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 c change to the person or organization named in the Schedule. We will give the number of day's notic the Schedule. CA 02 44 06 04 © ISO Properties, Inc., 2003 celi ndi tion or ated in 1 of 1 Elite • Ge -narai CtiiiirOttars .LLC 06/01/2011 - 06101/2012 FMTX008999 COMMERCIAL GENERAL Ca THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAMP' j ADDITIONAL INSURED - OW4ERS., LESSEES CONTRACTORS - AUTOMATIC STATUS WHE REOUIRED IN CONSTRUCTION AGREEMENT WITH ThiaRndorgazientmodifiesinsurance:provided:underibefollowing: EROAL;GENERAL LIMILETYZOVERAGE:IPART SectiO il - Who Is An Insured is •arnended to include as an additional insured any person Or Or- RaDization for Whom yoti pre portarrning OPOTatieris. When you and :such pion or orgarOstion 'have 60.teed in wrInj ir a, Contrattlit. Atimettent That sic eon r agOriitefrbi:b*tdded:-4sail 'cie gPrii0011: 'it an aditionai insEt.trio0 .bniv with re- sped. :to liabilitY for. lxrdilY injury', "property damage" or "personal and advertising injury' catised, in whoie or En part, by: 1. Your acts or amiSsions; or ;: The'..aqS 'Or onions :01 for in: ;bp petiPirianco of OngPingoperation$ for- •••• . , • • , the. addftion a [insured. A ISFSbresbr 6.9aPigatiqrl'tiptut as an .odditiorial Insured under this :endorsem ent ends when your operations for that additional insured are cam- prct.d. CG .20 33 07 •()4 B. Witti respect -to tile. insurance oftb d -to .ib004( additFenal insureds, the follOWing add anal ,exeitF.-• siPris:OPRIY:,. -Tit IPSigralt00100 hiPt APIPtit 1-.."3001'V .inkolt", 100Mal.:0*04907 . if. lognsomi v)040voftisitiofrilurit:arisintforit.: 41 no,Itikiort ngs-ot or he failure to render, ariy. rtitaiStin:01_ .architecturat; 4nginetifing or- so alarm., S'er.: vice5, . incliiding: a. The preparing, approVing„ or ling .to pre, pare or approv:e...„ maps, :sh drawing.s.: OpirtiOnS, tapiarta,. SUWaySii .ilkflar*. bent ie: tirdilfS: -4t.• ditati.roW...4 1 1 :ftiflak.,:, b -#0.sor.y,-, ins:060Oct. Al, 1 tuol :or erttjineringeetiViiieS, 2. "Bedily initirso at "prepeThe dertiO ' -acoOrting alter: a. AI i work. inOltidinO. malaria its, .b.t tiELli.Piltatit furnished .4.1 0.0 ".: 'kkii.I'l ; q-001i Ittort, 01). the 1X01.0.4t -k0t t lail ..Ser- V400, ina(nte0anca or .topoi: . to piff.-- formed by or tin be1Talinf4he Jiticina:i.in, iure:d(e) a the locdtiori laf e .',-61i6teci operations tiwbe-en tottoist . or b. That pattiOn. of "your wOrk". -Oki fwith the injury or -damage:arise& has b 010 itS intended 'Lite by any peon .0 rgntatjon . Ptilar14.0::40.011141".00..01000r0. 110.a. 10j 00441act in Paffpnift. 0P tith .... POT A. principal a se part,oftite, same I:SO Propertio% inc,22004 '1 ofl 'pto.aoti*ro.4otrooto:_.LL,Q 06101/20.11 ,.'06101/201:2, .FMTX008999 60NillYIEFiCIAL GENERAL 2 THIS ENDORSEMENT CHANGES THE POLICY,, ,PLEASE READ IT CAREFUL 1 AggardiruR romitalgs6FIRAngst3 I- his ortdo - -orrient modifies insurance provided under the folloviing: COMMERCIAL GENERAL LIABILITY COVERAGE Pi=\R-T SOHEDIALE- 07-04 NaroworAdditipnallopnwl Pers'.0.04) Or organizotion(m; Looation And Doscription.0TOornototedgi. The InSigaade tifferdedJothoge gcloitiotaj.id$4., 4.o.w 44.40gly to ntivtiftinjp04.'000o- ariging pi o•-•." o. •:f „. "V:. ; • ir• w.•:-.,a.--r, ,t. l.a..., t ,IT.:O•,. . 5::ti• ee il- fOr Fpi.rprlOr1Q41wS/0112949..,,, ornLLt'nlfts, :made iw - e • d Arty -060$ On Or'Organialiati, twee, estate or \g-ovorroppht oltity-to wrim orq . • o*I'll01 ltltNmorsiep 0011gaie.d, Ovidoe :iyitteTi..90fitrApt.,A) ptiVii3OInSuratVei -.SwFt4 IS.- #.4forde,d,py'.rniSpo.'figy., 10fOrMaiitint' lied100-diTiPlete,:tti4,$0101110.Jtrgifehi*rt--itibOlieN Will hes-:,$hdiiin:Ift-the Wfat4tidit,S, _ '04tirol: !I.-104,10 iko:InvIrett AP)00.0g4 indiude es on additional insured the person%) or organization(s) hol.Ain int he Schedule, :but only with reSpedt to liability fer-*1)ddily Irtjuri'l dr "propertii de m- etge.” causad, in whole or in part, by "yotir 'work" at lhe IQCOtibn cipsignated Oncl. desorltied in th0 Oled- julo:af this:oyktorserrieai petforrnoct for thet additiboa[ insured and Inpludad In the "producte,dernpleted operationsliazattr. CG.20 37 07,04 •Propeilies, inc., 20134 Elite Cie:nerd: Ciirtriadtors LLC 06/01/2011 - 06/012012 FMTX008999 COMMERCIAL GENERAL LIAO LITY C-0240410 3 MS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. 'WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS. TO US ibis endorsement modifies losurenee provided under the foilowing: COMMERCIAL GENERAL LIABILITY COVERAGE :PART 'SCHEDULE Nary otP.erson: or Organization: Any porson or otgarization, trustee; 'estate ortrovef r, merit etility O wixfiri or k which the Namod insured is obligated, by virtue of written contract to provide insurance, Such As isiAfted .By This Poioy. (it:not:entry appears above, Information.ireouired to .complete this,endarsementwili be ahown ihtlie.beclarstiens.es 2ipOliobi6 ic thi§.-gotioseroorit). The TRANSFER OF RIGHTS OF RECOVERY ,AGAINST OTHEM. TO US Cbridition. (Sron flI -- CONNER-, CIAL.OENERAL LiASILITY-00NDITfONS) tsn . fldd tiy..the addition 04 the f011tAviri9: waiVe an tight /Of recovery we may have against the perso.n or organization shown in the. Schedule 'above bOdat16:e dkr:paltiebt we Make for NUN ciarnag-e. at1sin ut of your ongoing operatiots or your WO le. :d0t14: Wider a cOritract 'with that persOn or organization and huhu:led in the "produtts-cottipleted operati•ro ThiS, waiver applies only to the person or Crgani?ation shOwn in the Schedule above. 00 14,:04 0.94 Ciopynght, Insurance Services Office, Inc., 1992 Pa.tie 1 of Elite .General Contrac•ors', LLC CAA48.5034912 06/01/2011 - 06/01/2012 BUSINESS AUTO CL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREF BUSINESS AUTO ADVANTAGE ENDORSEMEN :endorsernenirnticiifies insurance provided Under the following: BugiNEsS AUTO 'covERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply fied by the endorsement. SUIVIMARY OF COVERAGE EXTENSIONS OVERAGE 0 14 01-07 L nle •s mod i-- Aara7 filealA :NO- Narne Of Extension Limit or lociotit4 A. Additional "InsureCI" By Contract Or Agreement _ Included. E. Airbags Coverage Extension _ Included. C. Electronic Equipment Coverage Extension $1.i00.0 D. 8Mployees •As - I ns toed s Included r • E. Ernplijyee.Hired.Autos Included F. Hired Auto Physical Damage Coverage (Limited) $50,000 G. Knowledge Of Accident, Claim, Suit, Or Loss lriPluded H. ;Limited :FellOwErnOloyee Coverage IriciOded Limited Loan/Lease Gap Coverage $1500 J. .Limited kerital-Reirribursernent Coverage 4.6 Days. summits: 1. $50 Maxim urn Per Day — Private Passenger Auto 2. 75 Maximum Per Day —Other Than Private Passenger Auto 3. MaXIMUM Pr.Covred Loss K. NOWIY:F.otrned.:01: Atquirbd orgahtakitiS iiCIUded L. Suppletnehtary Payments — Increased LirnitS: 1. Bail Bonds $3,000. 2. Loss Of Earnings (Per Day) tlitOtiO •M. Towing And LaborCoverage :Extension $75 N. Waiver Of Subrogation By tontraCt •Or Agreement Included The above is a summary only. Please consult the specific provisions that -follow for complete informatio extensions provided. If there is. a conflict between this summary and the endorsernent provisions that 1.0 endorSerrient provisions shall prevail. CL CA 29 14 01 07 Includet-copyrighted niaterial of Insurance Services Office, inc., with its permission. (The Attsohi rig Clause heed be completed only.viihen ihis.oriclorsemenf is issued atibsequenho prep.arafion of fho: poi ),,z ENDORSEMENT #3 This.triclOr8erin'ent, Offedive on Policy No FMTX008999 Issuectio. Oit.a.0erlera1 Contractors., La.', By.CoverX Corporation 06/01111 (iDAT). of the at 12:01 .A.M..staridaki tini, to rrns a part-cif FIRST MERCURY INSURANCE COMPANY (NAME OF iNSLY'RANGE CO MPAIIY) Authorized Representative Pe r .the •atta ahed Form:Ci/X-GL:5089A (02/09) - AMENDMENT-30 DAYS NOTI.CEOF CANCELLATION-CERT HO one 1-)ay. NtiebfahceflatiQn 07Inctot.s.erTient is •alOad to the polity in fayor of:. • City of:CotPUS. Christi PO:Bcx 9277 ,C6rOts Chfisti, TX 78469. (Alr: other terms and conditions remain unchanged.) 207 (Fit E-7R). 16age.f. of t laropq.ssed.Date: Q5/1£st1.1 1.027;44 Pint .0511f3111 111.4219,ANI WER,. It is. agreed COWER CFAL GENERAL L AB UT)! THIS 'ENDORSEMENT HAN•GES THE.POLIOY. 'PLEASERBAD IT CAREFULLY. AMENDM.ENT —30.DAY NOTICE OF CANCELLATION TO CERTIFICATE.HOLD R TM.:ti-idbSertieht intdifiet insurance prdyideci utkier the follbwrrin: COMMERCIAL GENERAL LiAkITY.coVERAGE.ARt It: is Agreed, as. respects the Polic.y,,thMy (30) days notice ot cancelletio.n,..exeept•as respects non payment of prernium, for which. ten 00)- days notfce• will Apply, . will be given as respects thefelloWing -Pertificate. hOld.er(8):• City of Corpus.Christi PO Box 9277 Qbrpbs Ohristi, TX 78469 This endorsementlorms a part the: Policy-to which attached..effeCtive on the inception date of'the PO i • y otherwise Statedherein. less (The folloyving information is required only when this endorsement is issuedsubsequent:to preparationof the.P.o1c.y. j Frlitorsqnierliffecilvp 06/01/11 POiicy F MIX008999 4 En.dor.seme.nt:Np. gamed lbsui.e.d Elite General Contractors LLQ pounterignect by (Authorized Representative) CVX,01,5039A(02/2009) WQRKERS' COMPENSATION AND )^MPLOYERS TITexasiiiuur LIABILITY INSURANCE POLICY Insu anceCompany WC420601 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in 11 Information Page. in the event of cancellation or other material change of the policy, we will mail advance notice to organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 I 2. Notice will be mailed to: J CITY OF CORPUS CHRISTI PO BOX 9277 CORPUS CHRISTI, TX 78469 em 3.A. of the the person or 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 time, forms a part of Policy No. SBP- 0001099045 20110601 of the Texas Mutual Insurance Company Issuedto ELITE GENERAL_ CONTRACTORS LLC Premium $ W0420601 LED. 1.94) Endorsement No. /� ����ff r i4 Authorized Representative INSURED 'S COPY NXGOMEZ. 6 -02 -20 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 4 03 04 A TEXAS WAIVER OF OURR1OHT TO RECOVER FROM OTHER5'.ENDORSEMENT This- endorsement applies only to. the insurance provided by the policy because Texas is shown in Iteri Information Rage We have the right to recover our payments from anyone liable for an injury covered :by this policy. We will ri right against the person or organization named in the Schedule, but this waiver applies only With respect t arising out or the operation described In the .ScriedUle where you are required by a written contract to opts frOM us.. .gridorSeitierit shall-not operate direetly or indirectly to beneftt anyone not named in the Schedule. The prernitirh ferthistodo ement is shown in the Schedule. Schedule . 1,. Ap001..0.*Ntr fIam-e...4*POMOO or :PfgarOatiOn 3:A. ef the enforce otir bad ily this wehier. ( •X ) Blanket Waiver Any person or o anization for whom the Named Insured- has agreed by written COntractib furnish this waiver: 2. Operations : ALL TE AS OPERATIONS 3. Premium The premium change fo this endorsement shall be 2ti percent of the premium developed .0 connection with work performed for the above person(s) or organization(s) arising out of the operations th 4. Advance Premium I NC L UDED , SEE I NFORMAT I ON PAGE. payroll in Se.6000;. This endorsement changes the policy, to which it is attached effective:on the inception date at the:policy unless•a different dateis indicated. iieljtiw. (Theloltowirre'atiaehincralause" need. be carnpleted.ealy when!thisandarsernent is issuetsubsequenttopreparation oTtneptilici:), This beiticirSetnent; effeetive en 06/01/2011 .at 12:0I A.1A. Standard time, formS a part of PoIicyNo. g1;113 109.004S 2 0 10 0 BO 1 of the Texao Mutual Insurance Company Issuedto ELITE GENERAL CONTRACTORS LLC Premium $ iniC420 304A (ED. 141-2000) Endorsement No. AUthOriied Representative I NSUR E 0 S COPY LMFAVORS 6-01-2010 Memo TO: Veronica Ocanas, Ass. City Attorney From: Sylvia Arriaga, Contract Administrator City of Corpus Christi ENGINEERING Re: Construction Contract Documents Project No. 4377 Greenwood Library Remodeling & Improvements Rebid Bond 2006 Date: October 4, 2011 Attached are the 4 contract document sets for the above referenced project for your reviei execution. The contractor, Elite General Contractors, LLC has a certification of Power of Attorr file. Also included is a certificate of insurance, with the required coverages and endorsements. v and ey on As of October 4, 2011 the bonding company is listed as treasury- certified (Circular 570). And thus, N.B. 3158 requirements are satisfied. The performance and payment bonds will be verified and record of the verification will be filed. 1