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HomeMy WebLinkAboutC2013-345 - 10/15/2013 - Approved 2013-345 10/15/13 M2013-157 Hencock Construction LLC S P E C I A L P R 0 V I S 1 0 N S .......... S P E C I F I N C A T 1 0 N S A D F O ,R X S 0 F C 0 N T R A C T S A N D B 0 N D S F 0 R CORPUS CHRISTI PUBLIC SAFETY WAREHOUSE RE-BID (BOND 2008 ) PROJECT ARCHITECT: LAMARR WOMACK & ASSOCIATES, LP 711 N. CARANCAHUA AT. , SUITE 404 CORPUS CHRISTI, TEXAS 78401 D A TEL: 361. 884.7442 FAX: 361 . 883.1612 EMAIL: todd@lwarchitects .com FOR �41 DEPARTMENT OF ENGINEERING SERVICES OF CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3500 Fax* 361/826-3501 PROJECT NO: 5244 DRAWING No: PBG772 CORPUS CHRISTI PUBLIC SAFETY WAREHOUSE RE-BID (BOND 2008) CITY PROJECT NUMBER 5244 TABLE OF CONTENTS NOTICE TO BIDDERS (Revised 7/5/2000) NOTICE TO CONTRACTORS A Insurance Requirements (Revised March 2009) NOTICE TO CONTRACTORS B Worker' s Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates A-11 Cooperation with Public Agencies A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials NOT USED A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required A-24 Surety Bonds NO LONGER APPLICABLE (6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution Page I of 7 A-29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 NOT USED A-36 Other Submittals 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) A-46 Disposal of Highly Chlorinated Water (7/5/00) NOT USED A-48 overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Windstorm Certification A-51 Amended Prosecution and Progress Submittal Transmittal Form Attachment I- Project Sign PART B GENERAL PROVISIONS PART C FEDERAL WAGE RATES AND REQUIREMENTS PART T TECHNICAL SPECIFICATIONS CIVIL SITEWORK SPECIFICATIONS Section 1E19 - Existing Obstructions Section 1E20 - Storm Water Pollution Prevention Section 1E23 Water Facilities Section 2B1 - Site Grading Section 2B2 - Structural Excavation and Backfill Section 2B3 Pipe Trench Excavation and Backfill Section 2B4 Drainage Ditch Excavation Section 2B5 Street Excavation and Backfill Section 2B6 Roadway Excavation and Backfill Section 2810 Compacted Embankment Page 2 of 7 Section 2B18 - Ditch Cleaning and Shoulder Restoration Section 2F1 - Reinforced Concrete Pipe Section 2F3 - Installation of R.C. Pipe Section 2F5 - Concrete Inlets Section 2F7 - Concrete Headwalls Section 2G1 - PVC Pipe and Fittings (C-900 & C-905) Section 2G2 - Ductile Iron Pipe & Fittings Section 2G8 - Gate Valves Section 2G9 - Fire Hydrants Section 2G11 - Installation of Water Pipe Section 2G12 - Testing Pressure System Section 2G14 - PVC Pipe & Fittings for Sewer Lines (SDR 26) Section 2G15 - Installation of PVC Sewer Pipes Section 2G21 - to Service Material Section 2Hll - of Mix Section 2H14 - Concrete Block Curb Section 2H16 - Concrete Sidewalk and Concrete Driveways Section 2H18 - Concrete Pavement Section 2H22 - Pavement Marking Section 2J4 - Hydromulch Seeding Section 3 - Concrete Form Work Section 3B1 - Concrete Reinforcement Section 31 - Normal Weight Concrete Section 3C4 - Concrete Structures DIVISION 2 - SITEWORK (NON CIVIL) Section 022810 - Termite Control Section 023000 - Earthwork For Structures Section 028061 - Landscaping Section 028100 - Irrigation Systems Section 028360 - Chain Link Fences And Gates DIVISION 3 - CONCRETE Section 032020 - Reinforcing Steel Section 033000 - Cast-In-Place Concrete Section 037040 - Epoxy Compounds DIVISION 4 - MASONRY (NOT USED) DIVISION 5 - METALS Section 050200 - Welding Section 051200 - Structural Steel Section 052100 - Steel Joists Section 053100 - Steel Deck Section 054000 - Cold Formed Metal Framing Section 055000 - Metal Fabrications Section 055215 - Steel Tube Handrails and Railings Page 3 of 7 DIVISION 6 - WOOD AND PLASTICS Section 061000 - Rough Carpentry Section 061600 - Sheathing Section 066150 - Cast Marble Fabrications DIVISION 7 - THERMAL AND MOISTURE PROTECTION Section 072100 - 1"hermal Insulation Section 078413 - Penetration Firestopping Section 078446 - Fire-Resistive Joint Systems Section 079200 - Joint Sealants DIVISION 8 - DOOR AND WINDOWS Section 081113 Hollow Metal. Doors and Frames Section 081416 Flush Wood Doors Wm Section 083613 Sectional Overhead Doors Section 087100 Finish Hardware DIVISION 9 - FINISHES Section 092216 - Non-Structural Metal Framing Section 092900 - Gypsum Board Section 095113 - Acoustical Panel Ceilings Section 096513 Resilient Base and Accessories Section 096519 Resilient Tile Flooring Section 096710 Resinous Flooring Section 096816 Sheet Carpeting Section 099113 Exterior Painting Section 099123 Interior Painting DIVISION 10 - SPECIALTIES Section 102113 - Toilet Compartments Section 102800 - Toilet and Bath Accessories Section 104413 - Fire Extinguisher Cabinets DIVISION 11 - EQUIPMENT Section 115213 - Projection Screens DIVISION 12 - FURNISHINGS Section 123200 - Manufactured Cabinets and Casework DIVISION 13 - SPECIAL CONSTRUCTION Section 133419 - Metal Building Systems DIVISION 14 - CONVEYING SYSTE14S Section 142400 - Hydraulic Elevators Page 4 of 7 MEP SPECIFICATIONS DIVISION 13 - COMMUNICATION Section 13851 - Fire Detection and Alarm System DIVISION 15 - MECHANICAL Section 15050 - Basic Materials and Methods Section 15051 - Starting of Systems Section 15140 - Supports and Anchors Section 15170 - Motors and for Controllers Section 15190 - System Identification and Pipe Marking Section 15240 - Sound and Vibration Control Section 15260 - Piping Insulation Section 15290 - Duct Insulation Section 15410 - Plumbing Piping and Valves Section 15440 - Plumbing Fixtures Section 15450 - Plumbing Equipment Section 15530 - Refrigerant Piping Section 15671 - it Cooled Condensing Units Section 15854 - DX" Fan Coil Unit Section 15860 - Power Ventilators Section 15881 - Air Distribution Services Section 15885 - it Filters Section 15890 - Metal Ductwork Section 15910 - Ductwork Accessories Section 15950 - Direct Digital Controls Section 15990 - Testing, Adjusting, and Balancing DIVISION 16 - ELECTRICAL Section 16010 - Electrical, General Provisions Section 16060 - Grounding Section 16075 - Electrical Identification Section 16123 - Wire and Cable Section 16136 - Raceways Section 16140 - Wiring Devices Section 16441 - Disconnect Switches Section 16442 - Low Voltage Panel boards Section 16510 - Luminaires Section 16671 - Surge Protective Devices for Low-voltage Electrical Power Circuits Section 16740 - Telephone/Data Systems Section 16750 - Cable TV Systems Page 5 of '7 -LIST OF DRAWINGS . TITLE SHEET . EGRESS PLAN & CODE REVIEW EV L 1 SS PLAN & CODE REVIEW LEVEL . ACCESSIBILITY SCHEDULE & DETAILS . GRADING PLAN I S . UTILITY PLAN 6. STORMWATER QUALITY A & POLLUTION PREVENTION PLAN 7 . PAVING DETAILS 8 . SANITARY SEWER & ACCESSIBLE RAMP TAILS 9. SANITARY SEWER & ACCESSIBLE TAILS 0. STANDARD WATER DETAILS 11 . STANDARD WATER DETAILS 12. STANDARD WATER DETAILS 3. STANDARD WATER DETAILS 14 . STANDARD R DETAILS 1 . STORM DETAILS 1 . LANDSCAPE PLAN 16 , IRRIGATION PLAN 17. STRUCTURAL S 18. STRUCTURAL NOTES 19. STRUCTURAL MOTES 20. SPECIAL INSPECTIONS 1. FOUNDATION ETAILS 22. SECOND FLOOR FRAMING PLAN 3. ROOF FRAMING PLAN 2 . INTERIOR STAIR ELEVATION 25. EXTERIOR STAIR L V TIO 6. TYPICAL FOUNDATION T ILS 27 , FOUNDATION TAILS 28. FOUNDATION DETAILS 29. FOUNDATION DETAILS 30. SECOND FLOOR FRAMING DETAILS 1. ARCHITECTURAL SITE PLAN ROOF PLAN 2. FLOOR & FIXTURE PLAN LEVEL 1 32 . FLOOR & FIXTURE PLAN LEVEL 33. ENLARGED PLANS & PLAN DETAILS 34 . ROOM FINISH, DOOR & WINDOW SCHEDULES 34a. DOOR & WINDOW ELEVATIONS & DETAILS 35. DOOR & WINDOW DETAILS 36 . EXTERIOR ELEVATIONS 37. BUILDING SECTION, I IO V IO & DETAILS 38. PARTITION SCHEDULE ALL SECTIONS Page 6 of 7 40. WALL SECTIONS r 41. REFLECTED ILI O PLAN 42. MECHANICAL FLOOR PLAN 2a® MECHANICAL SECOND FLOOR PLAN ALTERNATE BID ITEM ##1. 43. MECHANICAL SCHEDULES 44 . MECHANICAL DETAILS 45. ELECTRICAL SITE PLAN 46. FIRST FLOOR LIGHTING PLAN 46a, SECOND FLOOR LIGHTING PLAN BASE I 46b. SECOND FLOOR LIGHTING PLAN ALTERNATE I ITEM 1 47 . FIRST FLOOR POWER PLAN 48 . SECOND FLOOR POWER PLAN EASE BID 48a. SECOND FLOOR POWER PLAN ALTERNATE BID ITEM ##1 49. FIRST FLOOR. SPECIAL SYSTEMS PLAN 50. SECOND FLOG SPECIAL SYSTEMS PLAN ASE BID 0a. SECOND FLOOR SPECIAL SYSTEMS PLAN ALTERNATE D ITEM #1 51 . ELECTRICAL ONE-LINE & SCHEDULES 2 . ELECTRICAL DETAILS 3. PLUMBING D V 1ST FLOOR. PLAN 53a. PLUMBING D V 2ND FLOOR PLAN ALTERNATE BID ITEM #1 4 . PLUMBING WATER 1ST FLOOR PLAN 54a. PLUMBING ATER 2ND FLOOR PLAN ALTERNATE BID ITE 1 55. PLUMBING RISER DIAGRAMS 56. PLUMBING SCHEDULES 7 . PLUMBING DETAILS APPENDIX A- GEOTECHNICAL INVESTIGATION NOTICE AGREEMENT rTM PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Page 7 of 7 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: CORPUS CHRISTI PUBLIC SAFETY WAREHOUSE RE-DID (BOND 2008) , Project No. 5244: Consists of all Work for new offices and vehicle warehouse including site clearing and stripping; concrete sidewalks, concrete paving; termite control; cast in=-place concrete; pre-engineered metal building; metal fabrications; rough carpentry; finish carpentry; metal stud framing; joint sealants; standard steel and wood door and frame; overhead doors; door hardware; paint and coatings; specialties; plumbing system and fixtures; electrical power system and lighting fixtures; and final site cleanup with proper disposal, of all materials; all in accordance with the drawings, specifications, and other construction documents. Will be received at the office of the City Secretary until 2:00 PH on Wednesday, July 24, 2013 and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for, beginning at 10:00 AM on Tuesday, July 16, 2013 at the Parks and Rec Conference Room, 3rd Floor City Hall, 1201 Leopard Street, Corpus Christi, Texas. The pre-bid meeting will be conducted by City staff and Project Architect Todd Brendalen, A.I.A. will be available for questions and answers. All questions shall be submitted in writing to the consultant by noon on the Wednesday before the bid opening. 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 St 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 one Hundred and no/100 Dollars (, 100.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer, " "workman, " or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /a/ Daniel Biles, P.E. Director of Engineering Services /a/ 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 coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage B. Independent Contractors 9. Personal Injury ---------------------------------- AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental REQUIRED discharge; to include long-term environmental impact for the disposal of X NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements X REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements REQUIRED X NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on al-I coverages except worker's compensation liability coverage. OThe 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 880-35M Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER" S COMPENSATION INSURANCE REQUIREMENTS r Page 1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE§110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a)The following words and terms,when used in this rule,shall have the following meanings, unless the context clearly indicates otherwise.Terms not defined in this rule shall have the meaning defined in the Texas Labor Code,if so defined. (1)Certificate of coverage(certificate)--A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a workers'compensation coverage agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees(including those subject to a coverage agreement)providing services on a project,for the duration of the project. (2)Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3)Contractor A person bidding for or awarded a building or construction project by a governmental entity. (4)Coverage--Workers'compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5)Coverage agreement--A written agreement on form TWCC-81,form TWCC-82,form TWCC-83,or form TWCC-84,filed with the Texas Workers'Compensation Commission which establishes a relatiaaship 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 labor,transportation,or other service related to a project. "Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. (8)Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b)Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers'compensation coverage,that the coverage is based on proper reporting of classification codes and payroll amounts,and that all coverage agreements have been filed with the appropriate insurance carrier or,in the case of a self-insured,with the commission's Division of Self-Insurance Regulation.Providing false or misleading certificates of coverage,or failing to provide or maintain required coverage,or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties,criminal penalties,civil penalties,or other civil actions. (c)A governmental entity that enters into a building or construction contract on a project shall: ' (1)include in the bid specifications, all the provisions of paragraph(7)of this subsection,using the language required by paragraph(7)of this subsection; (2)as part of the contract,using the language required by paragraph(7)of this subsection, require the contractor to perform as required in subsection(d)of this section; (3)obtain from the contractor a certificate of coverage for each person providing services on the project,prior to that person beginning work on the project; (4)obtain from the contractor a new certificate of coverage showing extension of coverage: (A)before the end of the current coverage period,if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project;and (B)no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5)retain certificates of coverage on file for the duration of the project and for three years thereafter; (6)provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law;and (7)use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes,except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d)A contractor shall: (1)provide coverage for its employees providing services on a project,for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2)provide a certificate of coverage showing workers'compensation coverage to the governmental entity prior to beginning work on the project; (3)provide the governmental entity,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4)obtain from each person providing services on a project,and provide to the governmental entity:. (A)a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (B)no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6)notify the governmental entity in writing by certified mail or personal delivery,within ten days after the contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project; ( )post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This notice does not satisfy other posting requirements imposed by the Act or other commission rules.This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population.The text for the notices shall be the following text provided by the commission on the sample notice,without any additional words or changes:Attached Graphic (8)contractually require each person with whom it contracts to provide services on a project to: (A)provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B)provide a certificate of coverage to the contractor prior to that person beginning work on the project; (G)include in all contracts to provide services on the project the language in subsection(e)(3) of this section; Page 4 of 11 (D)provide the contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E)obtain from each other person with whom it contracts,and provide to the contractor: (i)a certificate of coverage,prior to the other person beginning work on the project;and (ii)prior to the end of the coverage period,a new certificate of coverage showing extension of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G)notify the governmental entity in writing by certified mail or personal delivery,within ten days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project; and (H)contractually require each other person with whom it contracts,to perform as required by subparagraphs(A)-(H)of this paragraph,with the certificate of coverage to be provided to the person for whom they are providing services. (e)A person providing services on a project,other than a contractor,shall: (1)provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2)provide a certificate of coverage as required by its contract to provide services on the project,prior to beginning work on the project; (3)have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage,the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers'compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self-insured,with the commission's Division of Self-Insurance Regulation.Providing false or misleading information may subject the contractor to administrative penalties,criminal penalties,civil penalties,or other civil actions." (4)provide the person for whom it is providing services on the project,prior to the end of the coverage period shown on its current certificate of coverage,a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; ` (5)obtain from each person providing services on a project under contract to it,and provide as required by its contract: (A)a certificate of coverage,prior to the other person beginning work on the project; and (B)prior to the end of the coverage period,a new certificate of coverage showing extension of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7)notify the governmental entity in writing by certified mail or personal delivery,of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change;and (8)contractually require each other person with whom it contracts to (A)provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B)provide a certificate of coverage to it prior to that other person beginning work on the project; (C)include in all contracts to provide services on the project the language in paragraph(3)of this subsection; (D)provide,prior to the end of the coverage period,a new certificate of coverage showing extension of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E)obtain from each other person under contract to it to provide services on the project,and provide as required by its contract: (i)a certificate of coverage,prior to the other person beginning work on the project;and (ii)prior to the end of the coverage period,a new certificate of coverage showing extension of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (la)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G)notify the governmental entity in writing by certified mail or personal delivery,within ten days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and (H)contractually require each person with whom it contracts,to perform as required by this subparagraph and subparagraphs(A)-(G)of this paragraph,with the certificate of coverage to be provided to the person for whom they are providing services. (f)If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application,and to this end the provisions of this rule are declared to be severable. (g)This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994.This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994,which are not required by law to be advertised for bid. Page 6 of 11 (h)The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes,Article 6675c,to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §40). (i)The coverage requirement in this rule does not apply to sole proprietors,partners,and corporate officers who meet the requirements of the Act, §406.097(c),and who are explicitly excluded from coverage in accordance with the Act, §406.097(a)(as added by House Bill 1089, 74th Legislature, 1995, §1.20).This subsection applies only to sole proprietors,partners,and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered,issued for delivery,or renewed on or after January 1, 1996. Source Note:The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715;amended to be effective November 6, 1995,20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS'COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers'compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers'Compensation Commission at 5I2-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(7) Article . Workers'Compensation Insurance Coverage. A. Definitions: Certificate of coverage("certificate')-A copy of a Certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC 82, TWCC-83, or TWCC 84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in§406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"include, without limitation,providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodlbeverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,Section 401.011(44)far all employees of the contractor providing services on the project,for the duration of the project. -- C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1)a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2)no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F, The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1)provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; (1)provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3)provide the contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;, (4)obtain from each other person with whom it contracts, and provide to the contractor: (a)a certificate of coverage,prior to the other person beginning work on the project;and (b)a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (S)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and (7)contractually require each person with whom it contracts, to perform as required by paragraphs(1)- (7), with the certificates of coverage to be provided to the person for whom they are providing services. J.By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project 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 se f insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. d Page 11 of 11 PART A SPECIAL PROVISIONS CORPUS CHRISTI PUBLIC SAFETY WAREHOUSE RE-BID(BOND 2008) PROJECT NO.5244 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meetin Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m. , Wednesday, July 24,_2013. Proposals mailed should be addressed in the following manner: City Secretary's Office qLty of Co us Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - CORPUS CHRISTI PUBLIC SAFETY WAREHOUSE RE-BID(BOND 2008) PROJECT NO. 5244 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. Lets proposals will be returned un22ened to the proposer. The proposer is solely responsible for 4elivezy to the City Secrets 's Office. DeliveKy of an ro sal the pr2poser, their a ent/re resentative U.S. Mail or other delivoEy service to any City address or office other than the Ci Secretary's Office will be deemed non-responsive if not in ossession of the Ci Secrete 's Office prior to the date and time of bid o enin . A pre-bid meeting will be held on Tuesq!!y, Jul 16 2013 beginning at 10:00 AM. The meeting will convene at the Parks and Rec. 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. All questions shall be submitted in writing to the consultant by noon on the Wednesday before the bid opening. No additional or separate visitations will be conducted by the City. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project Consists of all Work for new offices and vehicle warehouse including site clearing and stripping; concrete sidewalks, concrete paving; termite control; cast-in-place concrete; pre-engineered metal building; metal fabrications; rough carpentry; finish carpentry; metal stud framing; joint sealants; standard steel and wood door and frame; overhead doors; door hardware; paint and coatings; specialties; plumbing system and fixtures; electrical power system and lighting fixtures; and final site cleanup with proper disposal of all materials; all in accordance with the drawings, specifications, and other construction documents. Section A-SP (Revised 12/15/04) Pagel of 22 A-4 Method of Award The bids will be evaluated based on the following priority order, subject to the availability of funding; 1. Total Base Bid -or- 2. Total Base Bid plus any combination of Additive Alternates. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. ®5 Items to be Submitted with Proposal The following items to be submitted with the proposal: 1. 5% Bid Bond (Must reference Corous Christi Public Safety Ware b u Proiect No. 5244 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of CoMletion/L i idated DamffSes The working time for completion of the Project will be 240 calendar days The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. if additive alternates are awarded the calendar days will be increased to 300 calendar . Ms. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Coag2alati2a_llnas!gurEaannc2ea_E2v ra � If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the Secti -SP (Revised 12/15/04) Page 2 of 22 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 prc,,vided to the Cr.::!iintractor and the City Engineer. A-B EaK24_RE222nL8_ Proposals faxed directly to the City wi.11 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 Acknowlaiament of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. n- 20 W _Eag2 R _Eaa1te2s (Revised 7/5/00) Labor preference and wage rates for BUIIM Its G HIGHWAY AND HEAVY CONSTRUCTION. Minimum Prev °ling aye The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor mist not pay less than the specified wage rates to all laborers, worlmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, worknian, or mechanic employed, if such person is paid less than the specified rates for the classification of work performied. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals tar the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (11i) tines the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Term, and Section B-7-6, Working Hours.) Section A-SP (Revised 12115/(4) Page 3 of 22 A-11 22222RLULan with R*LLic (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight 148) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas 811 and the Lone Star Notification Company at 1-800-669-8344 Fz,,,ir the Contractor's convenience, the following telephone numbers are listed. City &wgineer 8263500 Project Architect 8847442 CV19-3165 nubile) LaMarr Wamw-k & Associates, LP Traffic Engineering 826-3547 Police Deparuirnt 886-2600 Water Department 826-1881 (826-1888 after hours), Wastewater Department 826-1800 (826-I618 after hours) Gas Departm"nt 885-6900 (885-6913 after hours) Storm Water Departrwfat 8261875 1,8264666 after hours) Parks & Recreation DepartTent 8263461 Streets & Solid Waste Services 826-1940 VArdcipal Information System (M.IS0 826°3740 A E P 1-877-373-4858 S B C 881-2511 (1-800-824-4424,after hours) City Street Div, for Traffic Signal/Fiber Optic Locate 826-1946 826-1960 or 626-3547 Cable vision 657-5000 )957-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-7243624) RC (Fiber Optic) 813-1124 (Pager 886-204-1679) ChoiceCcm (Fiber Optic) 881-5767 ),Pager 850-2981) CAPROCK (Fiber Optic) 512/935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps# utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc, However, the accurate„,and c leteness of such information is noL_s,LiLSranteeq- It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. if the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense,, In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i®e broken, cut, etc.) , flow must be maintained® Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flamed over the Streets Section A-SP (Revised 12/15/04) Page 4 of 22 or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface® It is also the Contractor®s responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor, A•13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the residence and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi®s Uniform Barricading Standards and Practices as adopted by the City® Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City®s Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A-14 Cons truction_Emii mint E�i S la anr3 racki n� The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. Section A-SP (Revised 12/15/04) Page 5 of 22 A-16 i poea /S l r re of Materials Excess excavated material, broken asphalt, cony,,rete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A-1; &6e"-6FEiee (NOT USZD) Oe is A-18 Schedule and Seg ence of Construction The Contractor shall submit to the City Engineer a work plan based only on cALEmAR days This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working nays prior to the pre-construction meeting. The plan must indicate the schedule of the following work items; 1. Initial. Schedule: Submit to the City Engineer three $3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2.. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3, Submittal dates; Indicate submittal dates required for all submittals.. 4. Re-Submission! Revise and resubmit as required by the City Engineer. 5. Periodiq pd te. Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule, ®19 Constructiog_gE2jj2L_En3MgL_2nq Control The drawings may depict but not necessary include. lines, slopes, grades, sections, measurements, bench marks, baselines® etc. that are normally required to construct a project of this nature. Major controls and one (1) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is nece �ar' ' to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of Section A-S ' (Revised 12/15/04) Page 6 of the Contractor®s negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S. ) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be a Texas licensed R.P.L.S. in good standing with the state. 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; 0 All curb returns at point of tangency/point of circumference a Curb and gutter flow line - both sides of street on a 200e interval; a Street crowns on a 2001 interval and at all intersections. Wastewater: a All rim/invert elevations at manholes, 0 All intersecting lines in manholes; a Casing elevations (top of pipe and flow line) (TXDOT and RR permits) , Water: a All top of valves box; a Valves vaults rim; a Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Stormwater: a All rim/invert elevations at manholes; a All intersecting lines in manholes; a Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . A-20 Testi-- and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. Section A-SP (Revised 12/15/04) Page 7 of 22 A-21 Project Signs The Contractor must install I Project sign furnished by the City as indicated on the following drawings. (Attachment 1) The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A-22 Minority/Minority Business Enterprise Participation Policy lRevised 10/98) 1. Polio It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto, in accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract, C. Minority Business Enter ..r.. arise : A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51,.0% of the assets or interest in the partnership property must be owned by one or more minority person(s) . (c) For an enterprise doing business as a corporation, at least 51 ,0Nk of the assets or interest in the corporate Section A-SP (Rev(sed 12/15/04) Page 8 of 22 shares must be owned by one or more minority person(s) . 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . 3. Share in Pa eats Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. IMIinorirt�- : See definition under Minority Business Enterprise. a. Female Owned Busin����- A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture® A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Section A®SP (Revised 12/15/04) Page 9 of 22 4. Compliance a upon compLetion ot the Pro',tomot, a final breakdown of BE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b, The Contractor shall make bi-weekly payroll submittals to the City Engineer. 'The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Enginf�er may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a 1mely fashion or to submit overall participation information as required. A-23 Ins eoti.ons_.Re fired (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable, Section B-6-2 of the General Provisions is hereby amended 7,;,n that the Contractor must pay all fees and charges levied by the City 's Building Inspection Departmento and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City® All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas, The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas, The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in Section (Revised 12/15/04) Page 10 of 22 the Federal Register as holding certificates of authority on the date the bond was issued." -26 Sales Tax Ex tioax NO LO (6/11/98) "he appre "e u Pte,°o®• r �zn r e - saw----- If "he mug" Pa- L . f.eate .app -. ®2 Six l nta Incur i >g� For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material chan e to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. address: P.C. Raze 9277 Corpus Christi, Texas 78469®9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days Sections A m SP wised 12115/04) Page 11 of 22 after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy, The City need not be named as additional insured on Worker's Compensation coverage, For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating-:. Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and the harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract, The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Res onsibility for Damalt Claims Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include; Contractor must provide Builder's Risk insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work, Builder's Risk e-p� f4000" coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk-- insurance coverage, including any deductiSle." the City must be named additional insured on any policies providing such insurance coverage. ®2 Con sider at ions for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. if Section A-SP (Revised 12/15/04) Page 12 of 22 any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects began within the preceding two (2) ears. The bidder , shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following 1. The Superintendent must have at least five ( ) years recent experience in field management and oversight of projects of a similar size and complexity to this Projects This experience must include, but not necessarily limited to, scheduling (,)f manpower and materials, safety® coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures® The superintendent shall be present, on the job site, at all times that work is being performed. 2m Foremen, if utilized, shall have at least five ( ) 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 E9ngineer. The Contractor's field administration staff, and any subsequent s stitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Projea.tm Such written approval of field administration staff is a prerequisite s City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be resci.ndeda Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor .fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project daring the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section -7®13 A-30 Amended "Consideration of Contract" RACM.re ents Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following teat Within five ( ) working days following the public opening and reading of the proposals, the three (3) apparent lowest kidders (based on the Ease Bid only) must submit to the City Engineer the following information Section A®SP (Revised 12115/04) Page 13 of 22 1. A list of the major components of the work; 2® A list of the products to be incorporated into the Project; 3, A schedule of values which specifies estimates of the cost for each major component of the work,„ 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE, If the responses do not clearly show that MEE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price, Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; B. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor®s Field Administration Staff. ® Documentation as required by Special Provision A-35-K, if applicable, 10, Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.a. 0 Texas (or other state) Corporation or Partnership, and name(s) and Title(a) of iadividual(s) authorized to execute contracts on behalf of said entity. Section A-SP (Revised 12/15/04) Page 14 of 12 A-31 Amencled PolIML.M Extra Work and gLaM Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and ange the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00® The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended -Meecution of Contract" B2M!��ts Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following- The award of the Contract may be rescinded at any time prior to the to the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the to the City Engineer delivers the signed Contracts to the Contractor. A-33 Condit-ions of or Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract® Contractor is reminded to attend the Pre-Bid Meeting referred to in 222cial Provision A-1. ®3 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways® Streets and Bridges, AST"M 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 Hater Facilities: (NOT USED) gepaetment 9L= these p Section (Revised 12/15/04) Page 15 of 22 " o. a,"d who desire to peltelm. any week VO&O604 40 city'�+��' �;��'#;��oa�,���'aa• rd"�Ta�r� �-�fwf^e"� ,,: items erg^a*wr�4 , .:Tia c f a in tw 3a r _ _ lI kW . Y;`w""�Yar',z✓'-"i'i�im:�a�: �'�'�1°' �?�k�'—"r-�!,��, ,� %„�u.^�;A�^^^^�^^.^�„ A other 44-0--91 u easi1d1° d 'o'i' a key v 4n,AHS, a rg� , Sir —-my"ia' w ter - W_ all 4vaoh GnlrTRAGIG !Q /111-OTWE Rfi]EPAR JAFIMM than evange, blue, or white. Reeh employee uniform must provide Flant telephones aee not emallable for Gentraete�—�� must provide awn sanitwy 1 Section A-SP (Revised 12115104) Page 16 of 22 P. a —o 'er ,o as C , name t W n . .. .m...� �P ; r ea, , _._. , � �R '4 .�A , ,,. iv ,,, w rya., xr. Yrt .•.a,.K..--,...�„�IY-w. ,. ��ry y� ffi �•1 .. s efto.jejed in them ...®,°�'es.ii.u :in:w.�^�.^^ '.� ° ,�, ti, m W w M. M f 0 0,. -Fr C,14L . �� Wileh t4 Lp.rw ry �"'WI"rho-i;, kr ��.wili pal' the a o , r r ectioiV'W SP ( vase '1211.5104) "age 17 (,,)f 12 A44,,-4 neh i rig- e- A-36 Other Submittals 1, Shop Drawin Submittal. The Contractor shall follow the procedure outlined below when processing Shop Drawing submittalsz a. Quantityt Contractor shall submit number required by the City to the City Engineer or his designated representative, b., eproducibles:: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings C, Submittal Transmittal. Forms; Contractor shall use the Submittal Transmittal Form attached at the end of this Section, and sequentially number each transmittal fora. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must .identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s) , and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp. Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of products required, :field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e, Scheduling: Contractor rest schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items® f, Marking% Contractor must mark each copy to identify applicable products, models,, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations® Contractor must identify any proposed variations from the Contract documents and any product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements, Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. Section A 4 SP (Revised 12/15/04) Page 18 of 22 I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Re2ort When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not ,.be,..,.approved for use on the project. A-37 Amended 11, t and ghSM for Water Farmsh I ! (NOT USED) aege EeE d by the-Gi-ty, add the Ee��. "The Gen"r—a-'e-r must- wl e# 'a -9 eft -.6-.° --eludes ifsp-lement-ifig me—a-u--es pLeevi e-a­eepy­e����� will !Eeep A-38 Worker's Conensation over for Building or Cons tructlm r ots o Government Entities The requirements of "Notice to Contractors 'B" are .incorporated by reference in this Special Provision. A-39 Certificate 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 5-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section 6-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. Section A-SP (Revised 12115104) Page 19 of 22 A-41 Ozone Advisory Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be cr,,,)unted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A-42 OSHA Rules & Regulations It is the responsibility of the Contractor s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Ind i fi cation & Hold Harmless, text is deleted in its entirety anti thWiollowing is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the city, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman, A-44 C Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor®s costs and breakdowns, cost of materials and equipment, wage rates, etc. (, ® This breakdown information shall be submitted by contractor as a basis fot,, the price of the change order. A-45 As-Built Dimensions andDrawino (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities, (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following - Sect(on A-SP (Revised 12/15/04) Page 2 0 of 22 (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disgosal of HighlyCh loci nated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TNRCC, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A- r -Cnsti for t ovton (7/5/00) (NOT USED) PrAe,v Ile any- w.. -su­rvey "he e*a-et wer"eal-en4-h-e�aFt"al: leea p-pelifle. Fer em-49"i ed--e*pese--aa4-d "he ace ­_81 and O.G. Gen'eaeb hen pEepaEe--a veperl. an -i-�atkng the IS Ih I elevat! ns- ef the Rg P%:Pe14+kee-. Wep"t- all his Section A-SP (Revised 12/15/04) Page 21 of 22 A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs , Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines, Some overhead lines are shown in the construction plans, while others are not. it shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance G (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance GR�a ntr, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi, Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Windstorm Certification The entire new BUILDINGS shall be inspected during construction by the project structural engineer (Jaster-Quintanilla & Associates, Inc.) (Certified Windstorm Inspector) that it complies with the requirements of the State Board of Insurance, Engineering Division, for the 'TCPIA® Jaster Quintanilla fee for windstorm inspections and certification have already been paid by the City of Corpus Christi and shall not be included in the base bid. A Form WPI®1 (Inspector Application) shall be submitted to the Texas Department of Insurance prior to commencing construction and a Form WBI-2-BC®5 shall be submitted to the Texas Department of Insurance indicating the certified Windstorm Inspector (Jaster-Quintanilla & Associates, Inc.) has inspected the building for issuance of a WPI-8 by the Texas Department of Insurance, The WPI-8 shall be provided to the owner with the close-out documents. A-51 Amended Prosecution and_RE2grssz Under "General Provisions and Requirements for Municipal Construction Contracts`®, B-7 Prosecution and PE22jess, add the following-. "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. It the Contractor is terminated or suspended and the City request remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract." Section A®SP (Revised 12/15/04) Page 22 of 22 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 15th day of October , 2013, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Henock Construction LLC termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of$2,103,883.77 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CORPUS CHRISTI PUBLIC SAFETY WAREHOUSE BOND 2008 — REBID PROJECT NO. 5244 (TOTAL BASE BID + AA #1, #2 & #3: $2,103,883.77) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. ?,age :8, per rRav„ u:ujn-2010 . Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-99 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 300 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: CITY OF CORPUS CHRISTI y� By: City Secretary Mark Van Vlec Interim Asst. City Manager Public Works, Utilities, and Transportation APPROVE AS TO LEGAL FORM: i Y� „m. �..�. t .—,,..- ro , Asst. City ttorney Danie esd PE, Director of Engineering Services CONTRACTOR ( Corporation)ATTEST: If Cor oration Henock istruction Li (Seai BeloW) Title., (Note: If Person signing for corporation is not President, 1731 S. San Marcos St., Bldg. 906 attach copy of authorization (Address) to sign) San Antonio TX 78207 (City) (State) (ZIP) 2101661-2737 * 2101661-2705 (Phone) (Fax) - �� .....JL RU i num Rev, Jun 2010 P R 0 P 0 S A L F 0 R M ORIGINAI F 0 R CORPUS CHRISTI PUBLIC SAFETY WAREHOUSE RE-BID (BOND 2008 ) PROJECT NO . 5244 REP- NT Or ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS pr ,�ovcpsA- PAGF 'I r PROPOSAL place: City Secretary' s Office Date: 07/31/2013 Proposal of nrk CC)nS 11 1 nn ., 14jtC , a Corporation organized and existing under the laws of the State of Texas O a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: CORPUS CHRISTI PUBLIC SAFETY WAREHOUSE RE-BID (BOND 2008) PROJECT NO. 5244 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to wit: PROPOSAL PORE} PAGE 2 OF 8 CORPUS CHRISTI PUBLIC SAXETY WAREHOUSE RE—BID (BOND 2008) PROJECT NO. 5244 BASE BID iv F:b -0 1 . i DEECRIFTQ['� BID KEF SKEMS!m' U T 4. �, -_T 1 .L.S. Cansis:inc cf ill "ork fcr Ui6 construccior nf tLe %bl= *:efj 'Warshoase in with tve- plans. specifizazions and connan documents; complete and in place $ 301 AN pec LUMP 3UH. TOTAL BASE BID:$ 4 L i I .I_2 I (BID ITEM 1) ADDITIVE ALTERNATE BID #1 ---77-------------- TII 1v 313 OTC F� DESCAZPT10.!,1 A! D TTEN ERTENSI&�l D; D FS C A :TEN sllfT hL.E. Consisting cf all work fsr Level tinish out in acccanjance th Ind sPecificaticas and contract dc7uments; czuylett.. :tn,. _ • ace Caen' LUMP S9M. TOTAL ADDITIVE ALTERNATE BID #1 : Vj):-17 q (ADDITIVE ALTERNATE BID ITEM AA1) PPIPOSAL FOR-1 ME 3 Ir E ADDITIVE ALTERNATE BID #2 IV BID "ITY. & DEWPIPTION BID ITEM EATEnSTAN ITE34 WIT F- - F- AW, !.L.S. Ccwsis7ing of i:1 f-cr zk�, C,-,rLraCtj-- tow pr*7ije ard inszall Pre-Engincared War-toc and a' ! azscciated ewk in awcrdance w1W tile plans arv. specific-aLians %na cgnaract documnwo Tcapi-ta and in place per LUMP SAC TOTAL ADDITIVE ALTEP11PLTE BID 02: �.ADWTIVE ALTER11A.TE BID ITEV' AA2� ADDITIVE ALTERNATE BID #3 IV 81D QTY F):-:S5 C It 1 P T I O'N BID ITEM EXTENSLOV 717 Ev, UHF I T wvrk for the COW13CWr to provide an alternat�- PH"e for Sion Contractor zo legally remove and deliver to cit., CE any existino swck piles of wil presently hold owite, to locanion withiL city limits am corpus 0hriwa , .................. TOTAL ADDITIVE ALTERNATE BID #3: $ (ADDITIVE ALTERNATE BID ITEM AA3) ?MOSAL FSPI-1 PAGE a Cr 9 BID SUMARY TOTAL BASE BID: $ TOTAL ADDITIVE ALTERNATE BID #1: 3743". TOTAL ADDITIVE ALTERNATE BID #2: $ � ' TOTAL ADDITIVE ALTERNATE BID #3: TOTAL BASE BID + r j TOTAL ADDITIVE ALTERNATE AID #1: $ �°Z !, f P°-z P? TOTAL BASE BID + TOTAL, ADDITIVE ALTERNATE BID #2: TOTAL BASE BID -F TOTAL ADDITIVE ALTERNATE BID 43: TOTAL BASE BID + TOTAL ADDITIVE ALTERNATE BID #I, TOTAL ADDITIVE ALTERNATE BID #2 AND TOTAL ADDITIVE ALTERNATE BID #3 n Q?OSAL g yrt-s :n.E 5 d_ l The undersigned hereby d,?claxo; that he has visiLed the site and has CaZeflilY WaMined 7he F51aill, specifications and coni�ract documents relating to the work covered by his bid or bids, that he agrees co do the .;or k, and that nv repre5entations made by the City are in any sanse a warranty but are mere estimates fOr the guidance or the Contractor. Upon noLification of award of =ontract, we will within ten (101 calendar days execuie the formal contract and will deliver a Performance and (as required) for tLe faithful performance of this contract and a Payment and fez required: to insure payment for all labor and maLerials. The bid bond attached to this �poa1® in the amount of 51 of the highest amojnL bid, iz to become the propert�y �-�f the c-'ty of Corpus Christi in the event the contract and Wnds are nor execute$ within the t-me above set forth a& liquidated 6amages for the delay and additional work canned thereby. Minority/Minority Business Enterprise Participation: Th� apparent low Odder shaK, witAlin five clays Qf receipt of bids, Submit to the City Engineer, in writing, tin names and addresses Of le E firms, p;.:irticipating in the contract Ono a description of Cho uwchrV to he perf-7:,rraed and its dC-1ar lf5iLle for ibid evaluarion pu he'p"Se. Number of Signed Sets of Documents., 'T'he contract ani-i all bonds will be prep arse in not less than four counterpart (r)rig irjal signed) ser.s . Time of Completion: The undersigned agrees to complete the work within 240 calencdML-��s from the date designated by a Warh Order. If additive aiternates. are awarded the calendar days will be lm-neared to The undersigned further declares that he wi3i provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to—'arrY Out the above mentioned work covered by this proposal, in strict accordance with Ve conoract documents and the requirements pertaining thereto, for the sum or s%ms above set for:h. Receipt Of th" following addenda is acknowledged (adlenda raunber) : Pespectfully S mitted: S '11 �g Name : Perez By: �SEAL IF BIDDER IS 31 A-r1URE) S Address : *� Marcos St® 906 1731 . San MO. SOXI (Street) _jan Antonio TX 78 scity) (State) Telephone: :210-661-273 PERFORMANCE BOND STATE OF TEXAS § BOND No. PB03228300445 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Henock Construction LLC of the City of San Antonio , County of Bexar, and State of Texas , as principal ("Principal"), and -"PTIf delphia Indemni nsurance 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 C'Cky" or"OWNER"), in the penal sum of TWO MILLION. ONE HUNDR D THREE THOUSAND EIGHT HUNDRED EIGHTY-THREE AND 77/100 U.S. Dollars 2103 883.77 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 i5TH of OCTOBER, 2043, 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: CORPUS CHRISTI PUBLIC SAFETY WAREHOUSE BOND 2008-REBID PROJECT NO.5244 (TOTAL BASE BID+AA#4,92 &#3: $2,103,883.77) 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 perfomned, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER),then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev.Date May 2011) Performance Bond Page S of 3 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 shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 28th day of October , 2013. PRINCIPA SURETY l-lenock ction, LLC Philadelphia Indem pity Insurance Company B _w y By Title: Attom y-in-fact Brent Baldwin ATTEST: A Secre ary Marissa Allen, Witness Address: 1731 S. San Marcos St. Address: One Bala Plaza _.Bldg. 906 Suite 100 San Antonio,TX 78207 Bala Cynwyd, PA 19004-1403 Telephone: 610-617-7900 Fax: 866-466-0 128 E-Mail: brentb @baldwincoxagency.com (Rev.pate May 2011) Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County,Texas, for delivery of notice and service of process: Name: Steve Addkison Agency: Swantner&Gordon Insurance Agency Address: 500 N Shoreline Blvd., Suite 1200 (Physical Street Address) Corpus Christi TX 78401 (City) (State) (Zip) Telephone: 361-883-1711 E-Mail: steveaddkison@s-gins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev Date May 2011) Performance Bond Page 3 of 3 V PAYMENT BOND STATE OF TEXAS § BOND No. PB03228300445 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Henock Construction, LLC of the City of San Antonio , County of Bexar and State of Texas , as principal ("Principal"), and Philadelphia indemnity 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 TWO MILLION,ONE HUNDRED THREE THOUSAND, EIGHT HUNDRED EIGHTY- THREE AND 771100 U.S. Dollars ($ 2,103:883.77_ 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 15TH day of OCTOBER, 2013 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: CORPUS CHRISTI PUBLIC SAFETY WAREHOUSE BOND 2008—REBID PROJECT NO.5244 (TOTAL BASE BID +AA#1, 92 &#3: $2,103,883.77) Now,therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and fumished 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 worts performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall )n anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Dale May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent Is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 28th day of October 2013. PRINCIPAL SURETY Henock Co ist ti on, LC , f Philadelp 'a I epity Insurance Company By: By; Attomey-in-fact Brent Baldwin Title: ATTEST: Secretary Marissa Allen, Witness Address: 1731 S. San Marcos St. Address: One Bala Plaza Bldg. 906 Suite 100 San Antonio,TX 78207 Bala CyLwyd, PA 19004-1403 Telephone: 610-617-7900 Fax: 866-466-0128 E-Mail: brentb@baidwincoxagency.com Rev, Date May 2011 Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas,for delivery of notice and service of process: Name: Steve Addkison Agency: Swantner&Gordon Insurance Agency Address: 500 N Shoreline Blvd., Suite 1200 (Physical Street Address) Corpus Christi TX 78401 (City) (State) (zip) Telephone: 381-883-1711 E-Mail: steveaddkison@s-gins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev Date May 2011) Performance Bond Page 3 of 3 IMPORTANT NOTICE ADVISO IMPORTANTE To obtain information or make a complaint: You may Para obener informacion o para someter una queja: call the Surety's toll free telephone number for Usted puede llamar aI numbro de telefono gratis de information or to make a complaint at: pare informacton o para someter una queja al: 1-877-438-7459 1-877.438-7459 You may also write Philadelphia Indemnity Insurance Usted tanbien puede escribir a Philadelphia Company at: Indemnity Insurance Company: One Bala Plaza,Sulte 100 One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004 Bala Cynwyd,PA 19004 Attention: Senior Vice President and Attention: Senior Vice President and Director of Surety Director of Surety You may contact the Texas Department of Insurance Puede comunicarse con at Departamento de to obtain information on companies,coverage, rights Seguros de Texas pare obtener informacion acerca or complaints at de companias, coberturas,derechos o quejas al: 14800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escnbir aI Departmento de Seguros de Texas: at: P.O.Box 149104 P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax#512-4754771 Fax#512475-1771 Web: httnJ1www td[.state.tx.us Web:hM:gwww.tdl.stateAx.us Email: ConsumerProtect[onO-Wl.state.tx.us Email: ConsumerProtect[ontMtdl.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have DISPUTAS SOBRE PRIMAS O RECLAMOS:Si a dispute concerning your premium or about a claim, tiene una disputa concemiente a su prima o a un you should contact the Surety first. If the dispute is reclamo,debe comunicarse con e[Surety primero. Si not resolved,you may contact the Texas Department no se resuelve la dispute,puede entonces of Insurance. comunicarme con at departamento(TDI). ATTACH THIS NOTICE TO YOUR BOND: This UNA ESTE AVISO A SU FIAN7A DE GARANTIA: notice Is for Information only and does not become a Este aviso as solo pare proposito de information y part or condition of the attached document:.. _ no se convierte an parte o condition del documento_ adjunto. 3366 PHILADELPHIA INDENINITV INSURANCE COMPANY 231 St.Asaphs Rd,,Suite 100 Bala Cyn%vyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEAINITYINSURANCE CO,%IPANV(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint: William D.Baldwin,Blaine Allen,Brent Baldwin, Brock Baldwin,Michael B.Hill,Monica Campos and Brady K.Cox of Baldwin-Cox Agency LLC of Dallas,Texas, Its true and lawful Attomey(s)in fact with full authority to execute an its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed S 7,500,000.00 : This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1"'day of July,2011. RESOLVED. That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1)Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of The Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any Rime, any such Attomey-in-Fact and revoke the authority given. And,be it FURTIIER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached, IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SUALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7"'DAY OF FEBRUARY 2013 0 (Seal) Robert D.O'Leary Jr,,President CEO Philadelphia Indemnity Insurance Company On this 7e`day of rcbruary 2013,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the P1IILkDELPIIIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. SM. I W11111MI)OPA7KHRilayftft _"T Owl! Notary Public: . ...... residing at. Bala Cysu (Notary Seal) My commission expires-, March 22,2016 1,Craig P,Keller,Executive Vice President,Chief Fin ancial Officer and Secretary ofPlilLADELPI-IIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power orAttomey issued pursuant thereto are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr,,,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 28th day of October 20 13 Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary PHILADELPHIA INDEIVINITI INSURANCE COMPANY CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P,O, BOX 9277 CORPUS CHf:US Fl, "rEXAS 78469-9277 Bond Number. PB03228300445 RE: Certification of Power of Attorney for Performance and Payment lBonds Project Name & No,- Corpus Chhsfi Pubhc Safety Warehouse Bond 2008 -Rebid-Project No 5244 Surety Compa ny- __Et�uadelp a�Indem�nity ln�suranc ow' pany ...................................................... Ladies/Gentlemem k rliornasMcNally,�YE'21§!!T!Y' aaagfi&sLwg.g ZVO) hereby certify that the s of atiorney submitted by qr�qt Bal0w,ifl -. .............................................................................. Name of Aff key In-Fa for Hencock Construcharr, �l.LC Q7 ff(ts rlrf cqlnpparb'v/ wpp Of caffyracioe), a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home gaffsce, Iias not been amended or abridged, is still in full force and effect, and said designaled agent is (;urrently in good standing with the SUFety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified marp within seven (7) days thereof at the followung address, City of Corpus Christi Department of Engiineennq Services Attu: Contract Adminlstrafor P.O. lBox 9277 Corpus Christi, "rX 78469-9277 Signed this 4th day of November, 2013 Phila delp hi Ilrarderrnn fty Insurance Company . ................. Name Tifle; "rhomas Mc a I , A Sworn and subscribed to before me on this 4A day of 20-10- 2,1013 NOT&KY PUBLIC OF NEW JERSEY DANIELLE M KOCKE R OMmISSION EXPIRF-9 UARCH 13,2019 Notary f3uWic� State of My Commission V,xp1ires-1,, *1 �114ovv�iad 2VQJ1 PAY ME NT BOND STATE OF TEXAS § BOND No. COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Henock Construction, LLC of the City of San Antonio , County of Bexar and State of Texas as principal ("Principal"), and , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of TWO MILLION, ONE HUNDRED THREE THOUSAND, EIGHT HUNDRED EIGHTY- THREE AND 771100 U.S. Dollars ($ 2,103,883.77 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 15TH day of OCTOBER, 2013 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: CORPUS CHRISTI PUBLIC SAFETY WAREHOUSE BOND 2008 — REBID PROJECT NO. 5244 (TOTAL BASE BID + AA #1, #2 & #3: $2,103,883.77) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503,001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the day of . 2013. PRINCIPAL SURETY By' ,,,,,,,, ..................... ........... rvrvrv,..........., By: Attorney-in-fact Title: ATTEST- ..,.. . Secretary Address: Address: Telephone: Fax: -Mail: Rev Date May 2011 Payment Bond Page 2 of 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 on must not be prior to to of contract. END Rev Date May 2011 Payment on Page 3 of 3 PERFORMANC "E BOND STATE OF TEXAS § BOND No. COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Henock Construction LLC of the City of San Antonio , County of Bexar, and State of I 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 TWO MILLION ONE HUNDRED THREE THOUSAND EIGHT HUNDRED EIGHTY-THREE AND 77/100 U.S. Dollars 12,103,883.77 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 15TH of OCTOBER, 2013, 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: CORPUS CHRISTI PUBLIC SAFETY WAREHOUSE BOND 2008 — REBID PROJECT NO. 5244 (TOTAL BASE BID + AA #1, #2 & #3: $2,103,883.77) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof,, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the day of , 2013. PRINCIPAL SURETY Attorney-in-fact Title;. ATTEST' ......,, ..M..,,, Secretary Address: Address; Telephone: Fax: E-Mail: (Rev ate May 2011) Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County:, Texas, for delivery of notice and service of process: Name: Agency: Address: (Physical Street Address) (City) (State) (zip) Telephone: E-Mail: of 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. of Date of Performance Bond must not be prior to date of contract. END (Rev Date May 2011) Performance Bond Page 3 of 3 nS1 OPPLI E R h UMB--R on TO BE ASSIGNM bTCTT-N PLIPCHASNG DIVISKA. M or. gry OF CORPUS CHRIS31 ORIGINk q�-.ipus DISCLOSURE OF INTERES to irish City tit Corpus Christi Ordinance 17112,as aniended, requires all persOVIS or firins seeking to do business wifli. (lie C 21 to PrOVide the followinZ infcirlination. D-ery queslion inust be answered, I `the question is not aRplic, e, answer with "NA"" See reverse SW for Filing Requirements. Certifications and definitions. CONIPANY NAME: _HanQgk- _fDnStruQtiQn,--LLf-- P. 0. BOX: S'YP ErrADDRESS:- � �j s. � s� rCITY: ZLP: ..................... ............................................. FIRM IS I. Ccwpordfion Parinersitip Sole 0%kneir El 4 Association 5 Other 11 LLC-- DISCLOSURE QUESTIONS 11 additional space is necessary, pleiscuse the reverse side of this page or attach separate sheet, State the names of each "employ ' of the Cite, of Corpus Christi havin2 an "ownership interest" cnnstitutni,g 3°-�@,,)r more of the o%narship in the above named' finw- N,n rn e Job Title and C it,, Department (if known") N/A ................................ Skate the naines of each "officiall" of the City of Corpus Chirisii hawing an -ownership inieresi- COTIst.R I Min,,A or moire of the ownershilp in the ibwe named "fimi.- 0 Name Title /.A ..................... .................................... N/A ...................... ........... ........................................ ............ ................ ... .......... ............................................ ........... 3 Suate the names of each "board mernber" of the Ciry cof Cm-pus CltriNfi has ing an "o�%nership interest" cmisdikifing 1`6 or more or the ownersl-dpi in the alb(;ve named "firin" K311te Board. Comniksion or Coiigitrduee H/A N/A .............. ............................................................... ........... ......................................................... ............... ................................ ....................... ......................... ................................................ 4. Skate the narnes of each employee or offiveir of a "consukank" for the Ciry of Corpus Christi "ho %%orked on any matter rallied' to the subject of this cowract and has -an `%,swnership intere.4;i- congikuking 3`6 or more of the ownershilp in the above nan-ied "firni Marne Consuhank .............................. ........................... Nj A .......... ................................ ................................ .........................-............................ PFi?C.-A-- -:1F.", PACE 7 OF � FILIUNG REQUMNIENTS It a person who requeits official action on a matter knows that the requested action will confer an cc'orromic benefit oil an` Ci• official or rmploycc that is distinguishabic from the effect that the action %011 ll�ave oil members 6FthdpUblIC in generil or a substantial segment thereof,you shall disclose [fiat fact ffl 3 :,,P.-med a%,ritmg to the Ciq,official emplOVee LW bod% that has been requested to act in the matter, unlesi-the interest of the City official nr empfovec in tht-:nuitter is apparent. The disclosure shall also,be made in rk ,�ioned writing filed with the CitN Se'crefar), [Ethics Ordinance Section 2-349(d,l) CERTIFICATION I certify that all information provided is true and correct as at'ihv date or thk statement, thdi I have not knovvinpl�� wwithheld disclosure of any information requested', and that suppl emental statements 'mill b,.: prompt N submitted to the City ol'Co us Chri5ti,Texls as changes OCCUr Ceroifying Person- 11 Times k Title: --Presidenc iType or Prinil Sionature ol'Certi ,ing 07/31/2013 o Date: PV ersn: DEFINITIONS i "Board member." A me miser of any board, L01111111,%SiOu. IIr C(ijurnittee appointed b% the City Counc it of the City of Corpus Christi,Texas 1) LcPnornic bcnerit", Air action that is HUI% to affect an economic interest if it is likel% to have an effect on that interest that is distinguishable from it a effect oil members of the public in general or- a !,tibstantial segment mercoE c- "Erriployee.' Art) perzton employed by [lie ("ity of (,,'orptis Chrisli. Texas either on a hill or pan- tune basis. but not is an independent contractor. d. "Firm." Any entil% operated for ecunomic gain, whether professional. industrial or q:ommercial, ari ,. k d % hether tstashc4 to produce or deal %%,hit a-product or-service, including but not lit itcd to, entities operated 0 the for of sole proprietorship, as self-employed per*ii. partnership, corporation,joint stock companY,joint vennire. receivership or trust. and entities "Iiich for purposes of taxation are treated as non-profit organizations, c. "Official." The Mayor, members of (lie City Council. City Manager, Deputy City Manager, A;,;istant City Mana 9 ers. Department and n ivision Heads. sand M urt nice Co Judges of the City of Corpus Christi,Texas, f. "Ov.-nership Interest," Legal or equitable interest, whether actually or constructNek held. in a firm, including- when such interest is held 1hrough an ageril, trust, estate. or it - "Consiructively lield" refers to holdings or control established throufy.. w olding emit} special terms of venture or partnership agreements." C111 volino trus(s. proxies. or g "Consultant." Any person or firm, such as engineers and architects, hired by the Cit) of Corpus Christi for the Purpose of professional cone siltation and recommendation, PAGE n W I III ull ACOPRO DATE JMMIDOIYYYYI 4-.� CERTIFICATE OF LIABILITY INSURANCE 11/1/2 THIS CERTIFICATE IS ISSUED AS A MATTER OINFORMATION ONLY AND CONFERS NO RIGHTS CERTIFICATE L . THIS CERTIFICATE S NOT AFFIRMATIVELY OR NEGATIVELY , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CER71FICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PROC ,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL I S ,the olic (is) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,Certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endo a ent(s). PRODUCER NAME. lissa Eaton Baldwin-Cox Agency, LLC PHONE . (972)644-2588 a� I9TZlsaa-8035 930 Preston View lv Ste 200 EMAIL .meliss @ winc. ag cam INSURER 5 AFFORDING COV E kAIC e al 7 INSU Ra:Cicinati arc a INSURED INSURER °Great d e snack Construction, LLC INSURERCACE USA 1731 S. San Marcos Bldg 906 INSURERD, INSU RE LSan onio X 78207-7095 INSU RF: COVERAGES TIFIC .011110049 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDM9NS OF SUCH POLICIES LIMITS SHOWN Y HAVE BEEN REDUCED BY PAID CLAIMS " WER -TYPE OF INSU NCE A®DL U POLICY NUMBER CYrvEtF P LIMITS UENERALLIAWLITY EACH OCCURRENCE S 1,000,000 COMMEII:MWAO lull114 RM 1IAOIIN..WT° PREMISES Ea R s 100,000 CLAIMS M III bI � X]OCCI.41 PP0163572 0/9/2013 10/9/2014 MED EXP IAny are s 10,000 IiiIRIISOMA'L a ADV INJIIUIRY 5 1,000,000 I.m ENE RAL AIG GREGATII:: 2,000,000 CII!:II'I'll., ImV.»IIIEGA III°II NIff AP'9'"ILOIESIPEIIiI:w II'kf�IIL'11ER]cf,;a„I C;IOMIPA';Iil�"�'M!I0rl �5 2,000,000 I IC�,a'IAI..UI":',y I HC01 II.,I11!)c �rl AUTOMOBILE UABI ,gMB � ON L IL.IIMII 1 0OO OOO I.� Ai I��i LV4PIaEl:T�E. -_,,, ,,.,,. ,,, - LITkIIXN.�".III'�1W�RW'I�°eira�wrol -fa DLVI'.,ED BA0163572 0/9/2013 0/9,/2 14 &IPSIIIIII Y III'110.101An ex l� tll r ANWTIIIL AUTOS I 8 HRE1m AUTOS X AUTDSLWNED IN'j,iEll',yIIE,I1'TIf.AA.oIN,Alwlf::'. �6'IP A rlilldmal S UMBRELLA LIAB x CUR EACH OCC4ufflRENIQMII::', ., 5,040,000 E%CE55 LIAR CLAIMS.MADE F+G lRE1CATE:I. S s,000,000 DED RETENTIONS PP0163572 0/9/2013 1 0/9/2014 S WORKERS COMPENSA N A;p,n'fA'fII,I- pTlhl- aD EMPLOYERS*UAWLITY YIN TnRY ANY PROPRIETORIPARTNERIEXEq°,UTIVE 1 E L_EACH ACCIDENT S 1,000,000 OFFICERIMEMBER EXV hII,ODEDT 1 MIA I ndatory in NH) 0003741101 0/9/2013 0/9/201 If e,a desu lm Nlndem _E_L DISEASE-EA EMPLOYE S __1L000 000 y „ IJIE„sII";.IKON"iIII yN III' Iy i Il 'u;V`IIIfIIIIu ICallrullllrur r E L ENS EASE-II'41111II N'LIMII11, S 1,000,000 C Builders Risk 121110565001 1/1B/2013 1/18/z'0 4 ILmna 1,765,140 DESCRIPTION OF OPERATIONS dl L ATIONS I'VEHICLES IAtlach ACORD 101;,.., ilia Re rks Schedule„if more space is required) Job: Corpus Christi Public Safety War eh se Blanket additional insured and blanket waiver of rogation provided to the certificate holder when required written contract with the named insured. 30 day NOC and 10 day NOC provided to the certificate holder. CERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. P. O. Box 9277 Corpus Christi„, TX 7 469 AUTHORIZED REPRESENTA E 1 Bill aldwin/B ACORD 25(2010105) 0 1986-2010 ACORD CORPORATION. All rights reserved. INS02S a 0111'u71LUWU',u IID The ACORD name and logo are registered marks of ACORD CRCICrump CMCICrump 7557 7557 Rambler Road.Suite 300,Dallas Texas 75231-4163 Telephone(214)363-7636 Facsimile X214�691-5460 INSURANCE BINDER Date of Issuance: November 1, 2013 Binder Number: 14476303 Binder Period: From: 11118/2013 12:01 A.M. To; 111812014 12:01 A.M. Standard Time at the address of the named insured stated herein. This binder will be terminated upon delivery of formal policy(ies) or Certificate(s) In accordance with your instructions and in reliance upon the statements made in your application, insurance is effective as follows: Insurer(s): Westchester Fire Insurance Company Assigned Policy(ies) or Certificate(s) Number(s): 121110565001 Insured Name: Henock Construction LLC Mailing Address: 1731 S. San Marcos Bldg 906 San Antonio TX 78207 Policy Period: From: 11/181201312'01 A.Md To; 1118/2014 12:01 A.M. Standard Time at the address of the named insured-stated herein. This binder will be terminated upon delivery of formal policy(ies) or Certificate(s). Coverage Type Premium All Risks Builder's Risk/Facility $7,601.00 Total fees & taxes Fees (Fully Earned) $250,00 Grand Total $7,851,00 "Due to Non-Admitted & Reinsurance Reform Act (NRRA) please be advised that we may have to revise taxes resulting in additional or return tax dollars" Canditidins and/or exclusions: PLEASE SEE THE ATTACHED FOR TERMS AND CONDITIONS Tax Filing Responsibility: Not Applicable Minimum Earned Premium Percent: 0.00% Minimum Earned Premium Amount: $0.00 Producer: Baldwin-Cox Agency, LLC 5930 Preston View Blvd. Dallas TX 75240 BY: �Cancel!lahon: 'This binder may be cancelled by the insured by surrender thereof to,i-,rump insurance Services Inc or any of its aulhorized representatives, or by mailing to Crump insurance Services, nc. written notice stating when thereafter the cancellation shall be effective, THE INSURANCE UNDER THIS BINDER CANNOT BE CANCELLED FLAT,earned premium must be paid for the time that insurance has been in force. This binder may be cancelled by Crump Insurance Setvices, Inc.by rrimling to the insured at the address stated on this binder written notice stating when not less than ten (10)days thereafter, such cancellation shall be effective The mailing of notice as aforesaid shall be sufficient proof of notice Delivery of such written notice either by the insured or by Crump Insurance Semces, Inc shall be equivalent to mailing In the event of cancellation by the insured,the earned premium will be computed short-rate In accordance with the company's customary short-rate table,subject to a minimum premium if applicable,and it cancelled by the insurero;s,i, the earned premium will be computed pro-rata The insurance provided is controlled by the terms conditions, and limitations of the poillcy(iesi or certificate(s)in current use by the Insurer(sI,unless oche se specified This binder is based upon fax and/or main and/or telephone andlor e rnail advices from the msurer(sl and is issued by the undersigned ifi aril"ibovewilhoik6hy'ri bifily- halscieverd' 6 'ifisiuier. Terms of this binder which are in conflict wth the statutes of atq Stale Pro%nivice(,bIrli'erntory wherein this binder is issued are hereby amended to conform to such statutes THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL, LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 3. Employee Benefit Liability Coverage ,_,__ ....... ..... ... 2 2. Unintentional Failure to Disclose Hazards „ _.. .....7 3. Damage to Premises Rented to You ,..,,, ...: . .. ,.... . .,..,., , . ,. .. 8 4. Supplementary Payments ,__,__ : .... ._ ..,. . . .,.., 9 5. Medical Payments. „... ,.:..v. .........o............w . ,.,,.,.. . ,. .. . . .,,. , 9 6. Voluntary Property Damage(Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.).. ......... ...................... ... ................,.... ... 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations ___. .. .,m. 10 0 , 1,�l el .,;I° 1 1, ,✓`° �""tl�f i i' m"f l,. ,. r 10. Broadened Contractual Liability -Work Within 50'of Railroad Property _ . _..,,. ,,,.. . 14 11. Property Damage to Borrowed Equipment ........ .. ..., 12. Employees as Insureds-Specified Health Care Services. ........ .... . 14 Nurses; s Emergency Medical Technicians;and • Paramedics 13. Broadened Notice of Occurrence.................................... .... ....,. ............ .,.,,. 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment,except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise staled$ 4. Supplementary Payments a. Bail bonds. $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc„with Its permission„ Page 1 of 15 b. Deductible Clause 9. Automatic Additional Insured - Speci- (1) Our obligation to pay damages fied Relationships on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION 1111 -WHO IS AN INSURED: "occurrence" which are in ex- cess of the deductible amount (1) Any person or organization de- stated in Section B. Umits of scribed in Paragraph 9.a.(2) Insurance, 6. Voluntary Prop- below (hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Uability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such (a) A written contract or deductible amount. agreement;or (2) Condition 2. Duties in the Event (b) An oral agreement or con- of Occurrence, Offense, Claim tract where a cerlificate of or Suit,applies to each claim or insurance showing that per- "suit"irrespective of the amount. son or organization as an (3) We may pay any part or all of additional 'insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured,provided; and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe Acquired Organizations riod;,and SECTION 111 - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence"or°offense Subparagraph a, of Paragraph 4, is to which this insurance hereby deleted and replaced by the foi- would apply;and _ le,wirig: p b Tu oadd�iionficaily....... ( ) Y a. Insurance under this provision is af- al In- lorded only until the 180th day after under any other pro- vision of, or endorsement you acquire of form the organization added to, this Coverage or the end of the policy period, Part. whichever is earlier; (2) Only the following persons or organizations are additional in- sureds under this endorsement, 1.,ON and Insurance coverage pro- . vided to such additional in- . .;, , i J ,.,, � sureds is limited as provided . .,, herein: J (a) The manager or lessor of a 1 I :. kJr premises leased to you with r it �,1 ;. , whom you have agreed per r Paragraph 9.a.(1) above to r rovide insurance but only with respect to liability aris- Ct f I f,i 1­1',,d d,r f �`il;,"irI`rr r 't. If rJ:. Ing out of the ownership, ,�,�. maintenance or use of that d t; part of a premises leased to you, subject to the following additional exclusions° 1 if d mu This insurance does not apply to: .,i rhg 11, ., .of"j, , ll, Any ..occurrence, which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc,,with its permission.. Page 10 of 15 of the additional in- sured;or 2) The rendering of, or failure to render, any professional architec- tural, engineering or surveying services, in- cluding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fail- available to the additional ii7g to prepare or insured except: ap , shoprove maps p drawings, 1) As otherwise provided opinions, reports, in SECTION IV surveys, field or- COMMERCIAL GEN- ders, change or ERAL LIABILITY ders or drawings CONDITIONS,5.Other and specifications; Insurance, b. Excess and Insurance,, or b) Supervisory, in- 2) For any other valid and speebon, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as aq ) "Your work" for which a additional insured by consolidated (wrap-up) attachment of an en- insurance program has dorsement to another been provided by the insurance policy that is primecanlractor-project written on an excess basis. In such case, manager or owner of the coverage provided the construction project under this endorse- in which you are in- ment shall also be ex volved. CP.SS v th "regard to l issance.p _ o an o alured desig- nated u Paragraph a.(2) Sub- paragraph () above, r SECTION III - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in ��„ i1; the Declarations of this Coverage -�, Part, whichever are less. If no limits are specified in the written contract or agreement, or if there is no written. -- contract or agreement, the limits ap- plicable to the additional insured are those specified in the Declarations of H this Coverage Part. The limits of in- surance are inclusive of and not in r addition to the limits of insurance n�r r1 i NI shown in the Declarations, i t UI, ,,, rl,x� t. ,Df (.r F 'OH l"u ri l, 5�, is 1 fir z r;', d '" J �I ,.w 1r 41.Ci fJ "t o, ,L f .,. � i„1 a✓L r; rJr� �,}:,. and where the limits or cov- _, ri sl el r{ tli, erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission„ Page 13 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VADDITIONAL INSURED BY CONTRACT ThI endorsement modifies insurance provided under the following;, BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception data of the policy unless another data is indi- cated below. Endorsement Effective, Policy Number 10-04-2013 EBA 016 35 7Z Named Insured: KENOCK CONSTRUCTION LLC Countersigned by' (Authorized representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION 11 - UABIUTY COVERAGE, A. Cover- age, 1. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as Is afforded by this policy, This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury"or"property damage", AA 4171 11 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. J BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective. Policy Number: 10-09-2013 PEBA 016 35 72 Named Insured: HENOCK CONSTRUCTION LLC Countersigned by: C�_1 � (>f (',Authorized Representative) G� With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation of payments we make for "bodily injury" or SECTION IV - BUSINESS AUTO CONDI- "property damage"arising out of the operation TIONS, A. Less Conditions, 5. Transfer of of a covered "auto" when you have assumed liability for such "bodily injury" or "property Rights of Recovery Against Others to Us is damage under an insured contract", pro- amended by the addition of the followings vided the "bodily injury" or "property damage" We waive any right of recovery we may have occurs subsequent to the execution of the "in. against any person or organization because sured contract", AA 4172 09 09 THIS ECANCELLATION CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY This endorsement modifies insurance provided under the following: BUSINESSCWNERS PACKAGE POLICY CLAIMS-MADE EXCESS UA131UTY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DENTIST'S PACKAGE POLICY EXCESS LL401UTY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABIUTY COVERAGE PART-CLAIMS-MADE SCHEDULE Name and mailling address of person(s)or Organization(s)- I-FOR WOK YOU AM RRMWO xv & WRIT U CONTRACT TWIT V" ZXBCWrn ON OR k7TIM T= EARLIER OF TRZ FOLUMU10 DATES: A. THR EFFZCTM VATS OF THIS POLICY, 01 B. THE ZFFZCTXVZ n&TZ OF TIM ORIGUML POLICY or WHICH THIS POLICY IS A RZNMML OR RWLAC , AND 2. 7OR Wom jotr ARE Rgg=RBD IN THAT SAM WRITTM COWMer An R97ERRKD TO IN 1- ABOVE TO PROv:[Dz CARcELLAT3109 NoTrcs. Oil FILE WITH AGIN= tULLLAR, TZ 75340 Number of days,notKe (otherthan nonpayment of premium); 3o A. If we cancel or nonrenew this policy for any statutority permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule.We will mail such notice at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewaL B. It we cancel this policy for nonpayment at premium,we will mall notice to the person or organization shown in the schedule.We will mail such notice at least t0 days before the effective date of cancellation. C. If notice is mailed, Proof of mailing to the mailing address shown in the Schedule will be sufficlent,proof of notice. D. In no event will coverage extend beyond the actual expiration,termination or cancellation of the policy. IA 4087 08 11 EBA01635721 BFI 163512 wen Construdon LLC ................................ ........ .......................... -——----------- ................. ........ ................... X42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement appties only to the insurance provided by Vie policy becaiuse Texas is shown iin Item 3 A of tre information Page the i?veint of cancelation or other material change of the policy we willi maiI advance notice to the person, or aicainizat on lr�arned iin the ccheduk �hk'� M.HMbe- of da es advari.�e nivoice iis shown in the Schedule Thcs endorsement shalknot operate directly or ir,&ecb,,to berefit ainvone not named 1r the Scheclute SchedW,e t N,,,orriber of days aclvan�.oe notiq.,;e :,lo, lk/ Z Notice will be Mailed to: City oil C Christi,P 0 Box 9277,Cups Chrisii,'rX 7946,9 Note: Use this endorsement if Texas is shown in Itern 3 A. of the Information Page and the insurer agrees to give to a third party advarce notice of cancelation or other matenW f°hange i-lE1WK3(CONSPIUCTlON LLC WC01DO374114)1 i Westchester Fire Insurance Company Irsurance Company Hencock Construction LLCI Corns Christi Pclicyholder �„� ” 121110565 001......... ..... m ...... Policy plumber "' CRU61P INSURANCE SERVICES drokerlProducer POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Yr,)u vo-'wre nollrlied tll°gat hider thin °' rrcrusirn Rush Ins urana e �' ::1, was arneu,°i,::led that you have the rigt°t to purchase irusu,riance coverage fior losses viesi flt i ng from aclis o"terror sm, as d s 6ned in Section 102(1)of the Act The term "apt of terrorsm"" rreans any act tnat is certified by the Secretary of the Tieasu,ury---in rdarinicunreirce wfl the Sccix:!,bruj of State and trtc Attorney Gereral of the United States to a°rr act o`terrorisirn,to be a v�iolen-act or an act that is dangerous to human ife„ property or irfrastru�t+.ure, to have resilted un damage wiftn the 'United States or outside the United States in the case o" certain our carers or vessels or tune premises of a il.tnuted States mission, and to have bee-i :ommi`ted by an ndividual or in,,.Ividuals as part of an effort -o coeirce the :,,w liar population of the United States or to iinluence tie poky or affect the conduct of '.he (United States Government by coercion YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW, HOWEVER, SUCH POLICIES MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 8 % OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM FOR THIS COVERAGE IS PROVIDED LOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT,. YOU SHOULD ALSO KNOW THAT THE TERRORISM IS INSURANCE ACT,;AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS W151-1- AS INSURERS, LIABIITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED$100 BILLION, COVERAGE MAY BE REDUCED, You elected NOT to pwchase terrorism coverage under the Act at the pr ce ind sated ACCORDINGLY WE WILP,, NOT PROVICE THIS COVERAGE AND YOU DO 140T OWE 7"HE ADDITIONAL PREMIUM FOR THAT c'.:,�OV RAGE IND"GATED BELOW Terrorism coverage described by the Act under your policy was made available to you for additional premium in the amount of 304, however you elected to decline such coverage, ri A* :S r.,iiC10.10 Westchester Fire Insurance Company TO Patrick Bd I FROM Bil Kozik 1-'.1'OMPANY CRUMP INSURANCE SERVICES DAp ESE N] 1190'12013 :AX or EMAIL Builders is Coverage Binder Polic 121 1 ,0565 0()1 ; F Hericrx*Cirinstruc-iinin IU C1 Corpius Chrish Mailing Address 1731 S San Marcos Bldg 906, San Antonio, TX 76207 Thank you for binding the captioned account. Please read this binde-carefully: as the limits coverage, ex:lussons and any other terms and conditions may vary from those you requested In yoir submissior a-iovor m:im the exciring pol cy This binder is valid for 60 days from-.he effective date shown below Please contact me with any questions that you may have Effective Date: 11/1812013 Expiration Date: 1111812014 Company: Westchester Fire insurance Company(Admitted) Coverage: Builders-Risk Xtra Coverage Forii Builders Risk XTRA Coverage Form ACE0444 (02 09) Covered Perils: Risks of direct physical loss subjeot t o t he terms, conditions and exdii..jsiions in the prallcy forms and excluding Flood and Earth Movement Valuation: Replacement Cost Coinsurance: None Final project completed value required within 60 diays of policy expir,i:.iltion Job Site Location: Los Robles&Holly Ro Corpus Christi, Texas, 76401 Construction: Non-Combustible Project Pub iic Safety"'arehouse Description: Total Insured Values: S 1 "7'06130 Occurrence Limit of Insurance: All covered causes of toss n any aane occurrence S 1,65 '139 Westchester Fire Insurance Company Sub-limits of Insurance The Sub-limits and Aggregate Sub-limits of Insurance below are the most we will pay for loss in any one occurrence for the coverage or Extension of Coverage. The Sub-limits and Aggregate Sub-limits of Insurance are part of and not in addition to the Occurrence Limit of Insurance shown above. New Construction 1 ',"'65139 Clause Not(],ovie,rielcl TemDorary St-Lich,,res 11010 0100 ')mpar-y in Transit 1 1r10 0r,11r) Droperzy in Temporary Storage or Staging Areas 11010,10010 ,-,�xishng Bu Idings or Structures Not Clovered (A!�uverage Extensions Debris Removv S 1215 0010 :Dlratection of Property 5 25M10 M'rotection Seiimce Charges 25.0,010 z4c Protection Systems. ValuaLAe Papers and Records $ 25,000 ristalled Trees and Shrubs S 25000 :_:xpecliting Expense $ 125000 _cuss Data Preparation Costs S 5000 Contract Penalty S 1,000 :-urn Lure and Fixtures S 1000 Gonstrumon and Office Trailers S 1 000 Ordinance or aw Coverage Coverage A S Not Covered C-'average B S Not Covered Coverage C S Not Covered Any one occurrence G Not Covered Testing Coverage S Included \larned VVIrdstarm S 1765,139 Soft Costs Coverage: S Not Covered 6owe.,,veir we will riot pay more than the &..jbArniit of lnsurairairx) sr'mwiri IbL0ow for each covered category of Soft CT)st!s Westchester Fire Insurance Company 1 Advertising and promotional expenses, S Not.CcvererJ 2 Architectura andlor engineering supervisory seR,ices and�consu hirig t1ir.)t Covered fees 3 Audit and bookkeeping serv,ces, NkA Covered 4 Commissions or fees for the renegotiation of leases 75 Nk)t Covered 5 Fees to,I i^enc ,er, and permits Noi Clinvereld 6 Ms-iranx premiums for the BuMors Risk Workers Compensation and Not Cov(::ercid Genera;Liability Insurance, 7 interest on the constriction loan Not Coveired 8 Re a It/taxes and other a ssess rnents: NJint,Covered 9 Pental or lease expense of consiruction equipor*,mt Niot Coy r,,',�ired 1O Legal and accourob^g fees 11,lot 0.)w...,reid 0-her Not Appficable, Soft Costs Escalation Clause: I�Jiolt Cove red Loss of Rents Coverage. Not Cove ii ed B u s i n es s Income C o v e ra ge PJot Coveired The Period of Indemnity for Soft Costs, Loss or Rents or Business Income is not covered. The Aggregate Sub-11mits of Insurance below fort perils of Earth Movement and to are the most we will pay for loss in any one occurrence and during a policy year for all covers s)and Coverage Extensions, including Soft Costs, Business Income and Loss of Rents, in or endorsed on this policy. The Aggregate Sub-limit of Insurance below for Pollutant Clean Up is the most we will pay for loss in any one occurrence and during a policy year. Aggregate Sub-limits of Insurance: Earth Klovelient per Q:murrence "3 I`4r.)t Covere.,i Earth klovemen,Annual Aggregate. :5 11ot Covered Flood per Occurrence S Not Covered Flood Annual Aggregate S Not Covered Pollutant Clean Up per Cim-prience '114:5 000 Pollutant Clean Up Annual Aggregate A 215000 Green Endorsements Conservation and Energy Tax 5 114ot Debris Removal I zi Nlat Caverpqd