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HomeMy WebLinkAboutC2014-211 - 4/29/2014 - Approved (014.0tv 41" 2014-211 4/29/14 M2014-055 CONTRACT DOCUMENTS JE Construction Services LLC FOR CONSTRUCTION OF FACILITIES ADA IMPROVEMENTS SOUTH TEXAS ART MUSEUM & BARGE DOCK PARKING LOT PROJECT NO. E12123 BOND 2012 11 ‘i, ,- oi nor min MEW IIIIIIIIIr rrlrr'`w01%r0001 City of Corpus Christi SUBMITTED BY: 6-sitshit MARTINEZ, GUY ,..;,—....\-._ OF -0‘ &MAYQIK, INC c�. **-:/s ii Houston 261.679.0335 p RUBEN T. PEREZ, JR. j Corpus Christi 361.814.3070 % c: G Eagle Pass/Del Rio 530 757.3070 ��� 93971 :' �ItrFS l� EE�'���r MARTINEZ,GUY, &MAYBIK, INC. S......................... "O'•N•'Sc. .r 6000 S. Staples Street,Suite 207 Corpus Christi,Texas 78413 February 14, 2014 i RECORD DRAWING NO. PBG 788 _ _ t 00 01 00 TABLE OF CONTENTS t - ,„,„,,,,,,,,,-.._.,. .„,, r - "' -t'' 1."- . '', , ., ,, - V-.,--v• 1 ' ' " -t4' ., '-',,•.'',,i,' 1,''' , '1' ' /'....Division 00 Procurement and Contracting Requirements 0011 16 Invitation to Bid 00 2113 Instructions to Bidders iii00 30 00 Bid Form 00 30 01 Bid Form Exhibit A I 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience 00 52 23 Agreement 00 6113 Performance Bond 00 6116 Payment Bond 00 72 00 General Conditions 00 72 01 Insurance Requirements 00 72 02 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00 Supplementary Conditions ( Division 01 General Requirements 01 11 00 Summary of Work t0123 10 Alternates and Allowances 0129 00 Application for Payment Procedures 0129 01 Measurement and Basis for Payment 01 Project Management and Coordination 01 31 13 Project Coordination 01 31 14 Change Management 0133 00 Document Management 0133 02 Shop Drawings 0133 03 Record Data to 0133 04 Construction Progress Schedule Table of Contents 00 0100-1 Li Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot(Bond 2012) Project No.E12123 11-25-2013 L C Imo.; -, < •. a.,-"' 7 Y-,�--,' -... �. _ w- -,'":7. - $. t ',.., l'kq-6-q9.-1I: _ f . 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'.' ..i.,'., --...Z.1.7,44.1.1,4..rL;L:,,,..!':......°L.,... .,..1.,... -. . . ,,.,r' 0133 05 Video and Photographic Documentation 0135 00 Special Procedures L0140 00 Quality Management 0150 00 Temporary Facilities and Controls 0157 00 Temporary Controls 0170 00 Execution and Closeout Requirements Part S Standard Specifications 021020 SITE CLEARING AND STRIPPING t, 021040 SITE GRADING 022080 EMBANKMENT 022100 SELECT FILL MATERIAL 022420 SILT FENCE 025205 PAVEMENT REPAIR,CURB,GUTTER,SIDEWALK,&DRIVEWAY REPLACEMENT r025222 FLEXIBLE BASE-HIGH STRENGTH 025424 HOT MIX ASPHALTIC CONCRETE PAVEMENT 025612 CONCRETE SIDEWALKS&DRIVEWAYS 025614 CONCRETE CURB RAMPS 025802 TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION 025807 PAVEMENT MARKINGS 025813 PREFORMED STRIPING&EMBLEMS 028040 SODDING ti 030020 PORTLAND CEMENT CONCRETE 032020 REINFORCING STEEL 038000 CONCRETE STRUCTURES 1 050200 WELDING 097020 EXPOSED AGGREGRATE FINISH FOR CONCRETE L Part T Technical Specifications SP-0001 Aluminum Deck(AST) Ramp and Platform System Appendix Reports Table of Contents 00 01 00-2 L Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot(Bond 2012) Project No. E12123 11-25-2013 L. E ti _...••• Tifirt5.-4...-'7 7.7,-1°T.'',15.37."17' ,'...:-';',.7:7;''''''-7'7"'..,147-4741.7'-'.7".17r..t".7:,%":4Y-77.''',74,....,727.77',',,,,Fel..".27r.:71:et'zni.'7,7i-r,w-,....,"m"'-r..."..r..,„‘TX.7.'77"---.7,-..., ��",6- ..M,us ..�»nj.,.4� ..lw..»,.,' awa,��.""m� .ra :-..'.::,,.,v.1.� ... s� `. l�.+•n.::�°1" ✓aa..:A Geotech Geotechnical Study by Kleinfelder Report No. 136127/CCH13R0158 dated September 13, 2013 L END OF SECTION t r t t L t to i I •L I C Table of Contents 00 0100-3 L Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot(Bond 2012) Project No.E12123 11-25-2013 1 L 00 11 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following Project: Facilities ADA Improvements-South Texas Art Museum &Barge Dock Parking Lot(Bond 2012) City Project No. E12123 This project is described as the construction of two ADA Accessible Routes-one from the South Texas Art Museum Parking Lot to the building's main entrance(a concrete ADA Ramp),and one from the Barge Dock Parking Lot to street level near the American Bank Center(a"temporary"aluminum ADA ramp). Key features of the proposed base bid construction are:Concrete ADA Ramps, Powder Coated Aluminum Pedestrian Railing, Placement of Compacted Select Fill Material,Concrete Drilled Piers,Concrete Sidewalk, and Signing/Striping. Additive/Alternate No. 1 includes:Aluminum ADA Ramps and Powder Coated Aluminum Pedestrian Railing. Additive/Alternate No.2 includes: Concrete Pavement Repair and Signing. 1.02 The Engineer's Opinion of Probable Construction Cost for the Project, including additive/alternates, is$354,190.00. The Project is to be substantially complete and ready for operation within 120 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: www.publicpurchase.com 2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents,as defined in the Agreement are received. 2.03 This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on March 4,2014 at 10:30 A.M. at the following location: Corpus Christi City Hall,Third Floor Engineering Department 1201 Leopard Street Corpus Christi,Texas 78401 Invitation to Bid 0011 16-1 Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot(Bond 2012) Project No.E12123 11-25-2013 I L 1 t ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS t4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding Website. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by noon seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. t 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the -- Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 1 5.02 Minority participation for this Project has been established to be 45%of the Contract Price. 5.03 Minority Business Enterprise participation for this Project has been established to be 15%of the Contract Price. I ARTICLE 6—BID SECURITY 1 6.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 7 days of Notice of Award of the to Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent of the greatest amount bid. 6.02 Bid Security may be in the form of a Bid Bond or a cashier's check,certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders may provide their surety's standard penal sum bid bond form. The Bid Bond must reference the Project by name as identified in Article 7. 6.03 Failure to provide the Bid Security will constitute a non-responsive Bid which will not be considered. Failure to provide required Performance and Payment Bonds will result in forfeiture Iof the Bid Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS 7.01 Sealed Bids must be delivered to the Owner at the address below no later than March 12,2014 at 2:00 P.M.to be accepted. The Bids will be publicly opened and read aloud at this time and ts Invitation to Bid 00 11 16-2 Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot(Bond 2012) Project No.E12123 11-25-2013 L L . I place. Bids received after this time will be returned unopened. Address Bids to the Owner as I follows: I The City of Corpus Christi,Texas t City Secretary's Office 201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary 111 Bid - Facilities ADA Improvements-South Texas Art Museum&Barge Dock Parking Lot (Bond 2012),Project No. E12123 IARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to the lowest responsible Bidder who j submits a responsive Bid. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices,to reject any or all Bids,and/or waive formalities. Bids may not be withdrawn within 90 days from the date on which Bids are opened. ARTICLE 9—OTHER CONTRACT REQUIREMENTS ti 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. i 9.02 Contractors for this Project must obtain and provide the necessary insurance, including iWorkers'Compensation Insurance, as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. it9.03 Performance and Payment Bonds are required. END OF SECTION I I L I t Invitation to Bid 00 11 16-3 I Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot(Bond 2012) Project No. E12123 11-25-2013 I L i 00 72 01 INSURANCE REQUIREMENTS ti ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS LA. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Commercial General Liability including 1. Commercial Form t 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard L 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence F � � $2,000,000 Aggregate : 1 6. Contractual Liability `� ` 7. Broad Form Property Damage �.,;., - , r :: i � 8. Independent Contractors �.= # . fi • ' .: 9. Personal&Advertising Injury k•- '0.'477.%-t-.1--‘ �h Business Automobile Liability-Owned, � � � :::;. Non-Owned,Rented and Leased $1,000,000 Combined Single Limit Workers'Compensation Statutory0.: --1- 1 Yit, SVS 11 e t , ,,,, .,_„,„,,t;1,.4,--,;; S,' Employer's Liability $500,000/500,000/500,000 ,� , r- Excess Liability/Umbrella Liability $1,000,000 Per Occurrence � w ,._ Professional Pollution Liability/ $2,000,000 Per Claim = x ., Environmental Impairment Coverage ,.,, Not limited to sudden and accidental ❑ Required ❑ Not Required ,it discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price t ❑ Required 0 Not Required Installation Floater Equal to Contract Price ❑ Required ❑ Not Required IOwner's Protective Liability Equal to Contractor's liability insurance i 0 Required ❑ Not Required 1.02 GENERAL PROVISIONS ttA. Provide insurance coverages and limits meeting the requirements for insurance in 1 accordance with Article 6 of the General Conditions and this Section. Insurance Requirements 00 72 01-1 Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No.E12123(Bond 2012) 11-25-2013 t, . . B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements,and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional L insured. Contractor may block out(redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. t I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the t indemnities granted to Owner's Indemnitees in the Contract Documents. i for an endorsement that the"other insurance"clause shall not I to the OPT K. Provide apply where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers'compensation policy and Contractor's professional j liability policy. 1.03 CONTRACTOR'S INSURANCE L A. Purchase and maintain workers'compensation and employer's liability insurance for: 1. Claims under workers'compensation, disability benefits, and other similar employee ` benefit acts. Obtain workers'compensation coverage through a licensed insurance It Icompany in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in IL accordance with Texas Department of Insurance rules. L I Insurance Requirements 00 72 01-2 Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot `` Project No. E12123(Bond 2012) 11-25-2013 i t 2. Claims for damages because of bodily injury,occupational sickness or disease,or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers'Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis,against: 1. Claims for damages because of bodily injury,sickness or disease,or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason; and t: 5. Claims for damages,other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. t C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form)and include the following coverages and endorsements: t 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care,custody, and it control of Contractor. Provide and maintain Installation Floater insurance for property under the care,custody,or control of Contractor in lieu of elimination of the exclusion, or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, t supplies, machinery,fixtures,and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship,materials, maintenance,or construction; ,L b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; i c) Cost to cleanup and remove pollutants; It d) Coverage for testing and startup; e) Any loss to property while in transit; i ; f) Any loss at the Site; Insurance Requirements 00 72 01-3 Facilities ADA Improvements IL South Texas Art Museum&Barge Dock Parking Lot Project No.E12123(Bond 2012) 11-25-2013 i tl tg) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. t. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, n supplies, machinery,fixture,and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. ti 5. Underground explosion and collapse coverage. 6. Personal injury coverage. t 7. Endorsement CG 2032, "Additional Insured-Engineers,Architects or Surveyors Not Engaged by the Named Insured"or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability,commercial general liability,and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; !i 3. Include coverage for the respective officers, directors,members, partners, employees, agents,consultants,and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's iE pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The t completed operations coverage is to remain in effect for 3 years after final payment. The Insurance Requirements 00 72 01-4 Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No.E12123(Bond 2012) 11-25-2013 IL t c policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance,or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish r professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. L 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor,Owner, and all named insureds and additional insureds. L. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor,Supplier, anyone directly or indirectly employed or retained by any of tthem,or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those iii policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE tA. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy E that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE 1 A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT,Contractor, and all Subcontractors,and any other individuals or 1 entities identified in the Supplementary Conditions,as named insureds. i 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings,falsework,and materials and equipment in transit,and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot;civil commotion;terrorism;vehicle impact; aircraft; t Insurance Requirements 00 72 01-5 Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No.E12123(Bond 2012) 11-25-2013 If I , t smoke;theft;vandalism and malicious mischief;mechanical breakdown, boiler r • explosion,and artificially generated electric current;earthquake;volcanic activity, and other earth movement;flood;collapse;explosion;debris removal;demolition occasioned by enforcement of Laws and Regulations;water damage(other than that caused by flood);and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion,and artificially generated electric current;earthquake;volcanic activity,and other earth movement;or flood,are not commercially available under builder's risk, by endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. L5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of t loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship,design,or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage t afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. tC. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor,Subcontractors,or employees of the Contractor or a Subcontractor owning property items,such as tools,construction equipment,or other personal property not �■r� expressly covered in the insurance required by the Contract Documents are responsible for 1 providing their own insurance. j Insurance Requirements 00 72 01-6 i Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No.E12123(Bond 2012) 11-25-2013 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor, named insureds and additional insureds, and the officers, directors,members,partners, employees,agents,consultants, and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by f builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor,Subcontractors, or others in the Work. The stated limits of ■■■ insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event,Contractor is fully responsible for all losses arising out of, resulting from,or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds,or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: tE 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds"for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. It D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage,or change in deductible amount. IL Insurance Requirements 00 72 01-7 Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No. E12123(Bond 2012) 11-25-2013 EL t ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 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 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. 2. 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 bythe governmental entity. 3. Persons providing services on the Project("Subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project,regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors, leasing companies, motor carriers, owner-operators,employees of any such entity,or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling,or delivering equipment or materials,or providing labor,transportation,or other service related to a project. "Services" does not include activities unrelated to the Project,such as food/beverage vendors,office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the Contractor providing services on the Project,for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. ( D. If the coverage period shown on the Contractor's current certificate of coverage ends lj 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 IL 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. tE Insurance Requirements 00 72 01-9 Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No. E12123(Bond 2012) 11-25-2013 I L F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text,form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: L- 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project,a certificate of coverage showing that coverage is being provided for all employees of L- the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts,and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. 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 to, 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 Insurance Requirements 00 72 01-10 Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No.E12123(Bond 2012) 11-25-2013 I 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. 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. I END OF SECTION I I I Insurance Requirements 00 72 01-11 [01 Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No.E12123(Bond 2012) 11-25-2013 , 00 52 23 AGREEMENT This Agreement,for the Project awarded on April 29,2014 is between City of Corpus Christi,Texas (Owner)and JE Construction Services LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Facilites ADA Improvements—South Texas Art Museum&Barge Dock Parking Lot(Bond) 2012 Project No. E12123 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Martinez,Guy,&Mavbik,Inc. 6000 S.Staples,Suite 207 Corpus Christi,Texas 78413 2.02 The Owner's Authorized Representative for this Project is: Capital Programs-Construction Albert Pardo, P.E. Construction Engineer 1201 Leopard Street Corpus Christi,TX 78401 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 00 52 23-1 Corpus Christi Standards-Regular Projects 09-25-2013 Conditions. Owner and Contractor also recognize the delays,expense,and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly,instead of requiring any such proof, Owner and Contractor agree that as liquidated damages#Qr l la (a not as a penalty): Cp 1. Substantial Completion: Contractor shall pay Own $iiieeri for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. ,9( 22. --IS) 2. Completion of the Remaining Work: Contractor agrees to pay Owner$insert amount for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages,and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached in SECTION 00 30 01 BID FORM EXHIBIT A. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed,and were solely for the purpose of comparing Bids,and final payment for all unit price items will be based on actual quantities,determined as provided in the Contract Documents. Total Award:Base Bid+ Additive Alternate No.1 $ $294,386.80 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments;Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. Agreement 00 52 23-2 Corpus Christi Standards-Regular Projects 09-25-2013 C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may,at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost, progress,and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; Agreement 00 52 23-3 Corpus Christi Standards-Regular Projects 09-25-2013 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations,and documents on: 1. The cost, progress,and performance of the Work; 2. The means,methods,techniques,sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and all additional examinations, investigations,explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper Agreement 00 52 23-4 Corpus Christi Standards-Regular Projects 09-25-2013 , , financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books,correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms,and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in 00 01 15 LIST OF DRAWINGS 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form Exhibit A 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Contracts will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Contract must be signed by a person authorized to bind the firm or company*if Contractor is Corporation contracts must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY for the City. Agreement 00 52 23-5 Corpus Christi Standards-Regular Projects 09-25-2013 The Effective Date of the Contract is �ccne. #P .ZD/ . ATTEST CITY OF CORPUS CHRISTI,TEXAS 1��-cls a /.1-,m4.. 4.2.11-j Natasha Fudge, P.E.! City Secretary Acting Director of Capital Programs APPROVED AS TO LEGAL FORM: maL-L-0 L1 7 I6v if MICA Senior Assistant City Attorn6 e • SUMMARY ATTEST(IF CORPORATION) CONTRACTOR JE Construction Services LLC (Seal Below) By: Note: Attach copy of authorization to sign. Title: t. P. P.O. Box 260833 Address Corpus Christi,Texas 78426 City State Zip 361/933-0501 Phone Fax grant@jecs.cc Email END OF SECTION Agreement 00 52 23-6 Corpus Christi Standards-Regular Projects 09-25-2013 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal submitted on:March 12,2014 1.02 Submit Bids to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Facilities ADA Improvements-South Texas Art Museum&Barge Dock Parking Lot(Bond 2012),Project No.E12123 ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders,induding those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: :SigpaturiAcknewedgingRe t 0/ 3.4. IN ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost,progress,and performance of the Work. Bid Form 00 3000-1 Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No.E12123(Bond 2012) 11-25-2013 3.03 The Bidder is familiar with Laws and Regulations that may affect cost,progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost,progress,and performance of the Work; B. The means,methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs,Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and aN additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. Bid Form 0030 00-2 Fadddes ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No.[12123(Bond 2012) 11-25-2013 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in SECTION 00 30 01 BID FORM EXHIBIT A. A. The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. Owner will,at Its discretion,award the Contract to the lowest responsible Bidder for the Base Bid,plus any combination of Add or Deduct Alternates. B. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. C. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided,measured as provided in the Contract Documents. D. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the greatest amount bid,the Bidder's responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility,and whether the Bider has met the minimum specific project experience requirements to determine the lowest responsible Bidder, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid,reject any and all Bids,to waive an and all irregularities in the Bids,or to reject non-conforming,non-responsive,or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have,in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,induding information submitted per SECTION 00 4515 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder,may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. Bid Form 0030 00-3 Fad lities ADA improvements South Texas Art Museum&Barge Dock Parting Lot Project No.[12123(Bond 2012) 11-25-2013 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated in SECTION 00 30 01 BID FORM EXHIBIT A. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: JA. Bid Security. 4. SECTION 00 30 01 BID FORM EXHIBIT A. VC SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. %/F. SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. 4. SECTION 00 30 05 DISCLOSURE OF INTEREST. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002),but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing Bid Form 0030 00-4 Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No.E12123(Bond 2012) 11-25-2013 body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an"alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: J�. CpNSTTvCT1oni S1.`TLvICES (typed or printed full legal name of Bidder) By: individual's signature) Name: i;nf ,vT1)11J77E (typed or printed) Title: V 1 CE 141&S,ot= 'r (typed or printed) Attest: (individual's signature) State of Residency: T'E7j h S Federal Tax Id.No. 32o3 88 a59 Address forgiving notices: p.0. (3ox 26 0835 Co.2pvs City/Ali "7-8'12( Phone: ( ,i)g33-QSO/ Email: rot et IitOJecS.CC (Attach evidence of authority to sign if the authorized individual is not the Bidder,but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation,partnership,or joint venture.) END OF SECTION Bid Form 00 30 00-5 Fadlities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No.E12123(Bond 2012) 11-25-2013 • 00 30 01 BID FORM EXHIBIT A Disclaimer:Contractors may use this form at their own risk. Contractors will have total responsibility for calculations of costs. 'Project: FACILITIES ADA IMPROVEMENTS SOUTH TEXAS ART MUSEUM&BARGE DOCK PARKING LOT(BOND 2012) Owner: City of Corpus Christi,Texas Bidder: Bid Date: - OAR: Designer: MARTINEZ,GUY,&MAYBIK,INC Basis of Bid Item Description. J Unit �QuanatIty Unit Price jExtended Amount BASE BID PART A IMPROVEMENTS-SOUTH TEXAS ART MUSEUM WEST PARKING LOT ADA IMPROVEMENTS A-01 Mobilization/Demobilization LS 1 1913.15 1,913. 93 - A 02 Site Clearing and Stripping SY 72? 26.56 ,$89(0.32. - A-03 Site Grading SY 222 22.0$ '-j 0( 7(0 - A-04 Removal of Section of Existing Retaining Wall LS 1 1-1154 .94i '-j 5(..1 c{ - A 05 Temporary Shoring of Existing Retaining Wall LS 1 720.15 '72o.75 A.06 Select Fill Material CY 760 57.11 I4,8M8.6o A-07 Concrete Sidewalk SF 200 24.92 638..4.00 - A-08 Concrete ADA Curb Ramps SF 120 19.kG 2335.20 - A-09 Concrete ADA Ramps CY 41 766.98 1,444,.18 - A 10 Concrete Retaining Wall and Footing CY 13 739.Go qvo 14.80 A-11 16"Diameter Concrete Drilled Shaft Foundations LI 58 50,-FR 2,1145,24 - A-12 Aluminum Handrail(Powder Coated)(Type C) LF 360 15 1.344 5`'I,`189.60- A 13 Aluminum Signs EA 3 24.2 G98,(04. A 14 Pavement Markings LS 1 (153.20 1,15 3.10 - A-15 Silt Fence LF 230 $.45 l,-253.50 A-16 12"Erosion Control Log LI 20 is-I.41 288,20 A 17 Pavement Repair(Asphalt) SY 11 78.63 861-1.43 A 18 Adjust 2 1/2"Water Line LI 120 Lig.05 5,766.0o A-19 Sprinkler System Adjustments LS 1 %3214.S0 y,32y.50 A-20 Relocate Existing Light Pole LS 1 5,578.40 5,578.60 A 21 Install New Light Pole LS I /0,0'11 24L/0,0417.Z4{ A-22 Sodding SY 160 /C.94/ 27710.410 A-23 Remove/Replant Existing Trees EA 1 24{50.55 2,1K0.55 - A-24 Low Profile Concrete Barrier(Delivery Only) EA 3 2 35.414 704.32 - Total Part A-Base Bid(items A-01 through A-22)= $/'4 Oz(S 72- ADDITIVE/ALTERNATIVES PART B IMPROVEMENTS-ADDITIVE/ALTERNATE NO.1-BARGE DOCK PARKING LOT RAMP B B-01 Mobilization/Demobilization LS 1 5140.52 5'160.52 8-02 Aluminum Ramps and Landings(Materials) LS 1 qq 684/.03 4''48 y.03- 8 03 Aluminum Ramps and Landings(Installation) LS 1 /21 980.63 /Z,X0.63 B 04 12"Diameter Erosion Control Logs LI 10 21.65 VG.To Total Part B-Additive/Alternative No. 1(Items B-01 through B-04)= $/13,3411.418 PART C IMPROVEMENTS-ADDITIVE/ALTERNATIVE NO.2-AMERICAN BANK CENTER MEDIAN IMPROVEMENTS C-01 Mobilization/Demobilization 456.f3 655.13 C-02 Remove/Replace Existing Raised Median Paving SY 85 /(fS.87 12,398.95 - , C-03 12"Diameter Erosion Control Logs LF E) 241.24 2142.Go - Total Part C-Additive/Alternative No.2(Items C-01 through C-04)_ $/3,2%.49- Facilities ADA Improvements-South Texas Art Museum Bid Form Exhibit A Barge Dock Parking Lot(Bond 2012)Project No E12123 00 30 01 -1 Estimated Description I Unit QuantityUnit Prke Extended Amount BID SUMMARY Total Project Base Bid(Part A)= $1811045.32- Total Project Additive/Alternative No.1-Barge Dock Parking Lot Ramp B(Part B)= $//313411.4/8- Total Project Additive/Alternative No.2-American Bank Center Median Improvements(Part C)= $/y96.48- Contract Times _ Bidder agrees to reach Substantial Completion in 120 days__ Bidder agrees to reach Final Completion in 150 days fi Facilities ADA Improvements-South Texas Art Museum Bid Form Exhibit A Barge Dock Parking Lot(Bond 2012)Project No E12123 00 3001-2 • 0030 02 COMPUANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's prindpal place of business Is located." "Nonresident bidder"refers to a person who is not a resident of Texas. "Resident bidder"refers to a person whose principal place of business is in this state,including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of 54 Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states'laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: 3-F Ce,NS „cToto S Gnv►cr✓c (typed or printed) By: (signature—attach evidence of authority to sign) Name: GR. r AuE-t-Ecr (typed or printed) Title: V. P. Business address: A Sox 260Et3 3 Gcrznvs Cr+sr.+cr TR �$'-f2(o Phone: (TG, )733 - 156-0! Email: 9r.o,,,, avec5. cc END OF SECTION Compliance to State Law on Nonresident Bidders 0030 02-1 Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No.(12123(Bond 2012) 11-25-2013 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questions/Ike reflects changes made to the law by H.B. 1491.Roth Leg..Regular Session. Cf F10E USE ONLY This questionnaire Is being filed In accordance with Chapter 178,Local Government Code oak.Reo.nred by a person who has a business relationship as defined by Section 178.001(1-a)with a local governmental entity and the person meets requirements under Section 178.008(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.008,Local Government Code. A person commits an offense If the person knowingly violates Section 178.008, Local Government Code.An offense under this section is a Class C misdemeanor. J Name of person who has a business relationship with local governmental entity. T7� aCheckthis box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) J Name of local government officer with whom filer has employment or business relationship. /VA-ntl MA i— Ge' Name of Officer This section(item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIO as necessary. A Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income, from the filer of the questionnaire? ElYes ® No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? ElYes 1:52:i No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership of 10 percent or more? E Yes No D. Describe each employment or business relationship with the local government officer named in this section. 3.io. iH Signature of person doing business— +M" . - entity Date Adopted 06129/2007 . 00 30 05 City of Corpus Christi Disclosure of interest SUPPLER ONUMBER 10 BE ASSIGNED BYcrry-- _ I I)RrIIASITro DIVISION ` iy o CITY OF CORPUS CHRISTI hnsti DISCLOSURE OF INTEREST i City of Corpus Christi Ordinance 17112,as amended,requires all persons or fines seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: -3'6- ca.,sr .vc nom 6,e'-tA)'c G s P.O.BOX: 20,0833 STREET ADDRESS: i js I-7 C t,*-A2 Fvri,,,_ CITY: ja rz p v s Cttrusii ZIP: 78c4 l O FIRM IS: 1. Corporation2. Partnership 3. Sole Owner 0 4. Association 8 5- Other DISCLOSURE QUESTIONS If additional space is necessarj,please use the reverse side of this page or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an ownership interest" constituting 3%or more of the ownership in the above named"firm." NameN/ Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Nle Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name /A- Board,Commission or Committee Al 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant Av/A • FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)A CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. t=_ Certifying Person: Gri-er-Nr IS%FiZ Title: V.?, (Type or Print) Signature of Certifying Date: Person: 3. •O. ++rl DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership,corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. ' 003006 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 leopard Street Corpus Christi,Texas 78401 CONTRACT: Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No.E12123(Bond 2012) Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity,quality,or price in the prospective contract,or any other terms of said prospective contract;or in any discussion between Bidders and any offidal of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: JE cow rrz vc 1-101. SEn-No tc-S (typed or printed) • By: signature--att• • nce of authority to sign) Name: 6(2.A-rot IIc=r&G (typed or printed) Title: Business address: T.0. i olr 76,0833 a (pa rU c- CI t n.-4 s TX 7"64 2!0 Phone: (36D933-0501 Email: cy-Ist v4 {ecs. Cc END OF SECTION Non-Collusion Certification 0030 06-1 Facilities ADA Improvements South Texas Art Museum&Barge Dock Parking Lot Project No.E12123(Bond 2012) 11-25-2013 /a 00 61 13 PERFORMANCE BOND BOND# 1000880219 Contractor as Principal Surety Name: JE Construction Services,LLC Name: Texas Bonding Company Mailing address(principal place of business): ' Mailing address(principal place of business): P.O. Box 260833 5601 Granite Parkway,Ste. 1100 Corpus Christi,TX 78426 Plano,TX 75024 Physical address(principal place of business): Owner 5601 Granite Parkway,Ste. 1100 Plano,TX 75024 Name: City of Corpus Christi,Texas f Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Texas Corpus Christi,Texas 78401 / By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: � Telephone(main number): Facilities ADA Improvements South Texas Art 972/930-0641 Museum&Barge Dock Parking Lot(Bond 2012) Project No. E12123 Telephone(for notice of claim): 1-800-486-6695 Local Agent for Surety Name: Cam Fletcher Award Date of the Contract: April 29,2014 Address: 5601 Granite Parkway,Ste. 1100 Contract Price: $294,386.80 Plano,TX 75024 Bond Telephone: 972/930-0641 E-Mail Address: CFLETCHER@hcc.com Date of Bond: May 5,2014 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept.of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number:1-800-252-3439 be deemed an original. Performance Bond 00 61 13-1 Proj#E12123 Facilities ADA Impr... 3-4-2014 • Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves,and their heirs,administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal JE Construction Services,LLC Surety Texas Bonding Company Signature: _ Signature: Name: GrzAK,7 Name: Robert G.Kanuth Title: (/, ? Title: Attorney-in-Fact Email Address: q ,.) cO ecs .ce Email Address: RKanuth@kandsins.com �I (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 Proj#E12123 Facilities ADA Impr... 3-4-2014 • POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY C.MDVVAtt Mal BY THESE PITS-int American Contractgr^S Indemnity Come apy, a California of Texas __an assumed t : r tt eori ctors Indemnity Company, Unit States Surety Ctmtpany,a Mary- d rafnlai and U.S. Specialty Insm QtmpatTy-,iTexas corporation(elollectively,the"Companies"),do by the%e- r nt m W constitute and appoint: Johnny Moss,Jay Jordan,Tony Fierro,Jeremy Barnett,Jade Porter, Mistie Beck or Robert G.Kanuth of Rockw$ll,Texas y( ) ' orate capacity if moanisove,with full power and authority i cl Ats name, place each in o theirxacknowledge a d aany an bonds,recognizances,undertakings �� rim its name, la�� �stead,to e, r herinstments or contra f suretyship tai include riders, am ie> s; -consents of surety, providing the bond penalty does not exceed ******Ten Million // Dollars ($ **10,000,000.00** ). This Power of Attorney shall expire without further action on December 8,2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: that tlw President,any Vice4lresic ,aey stag e-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full - au -to point any one or_uto a sui --a sons as-At ney(s}in-Fact to represent and act for and on behalf of the Company t t theSll g - Attorney-in-Fact may be given full poweriorit for and in the name of and on behalf of the Company,to execute,acknowledge and de ver=angaid all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. trerzifThatlic signature of any aur}O ized officer and seal of the Company heretofoitiaftimciffrZtcl tawpower of attorney or any certificate relating ofards, a> any power of a alt or certificate bearing(facsimile signature or iii I b binding upon the Company with respect to ng=ta which it is a .5 '`id. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 10th day of December,2012. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY tie S UNITED STAT S COMPANY U.S.SPECIALTY INSURANCE COMPANY un :r u o ,��\ e Qc� t' .; o c .y" -Xi is ,� _ By: Ui ■mwewl, c. v-: S izii =Hi a Y .,.iwk ,ems see lei la,', :ca :�. I� e � s., ,�� ;,,.., � - s 3:�'` Daniel P.Aguilar,Vice Pres-moi 'ent ~'ar^'lI,O * \gra 4 OF IS \t r/ItnniMn,\F' ,"N bInnH111\ rrynnnnn\\\V°`` '',ofinnn...... `` See of Califor mi f 1 les SS: 0t y e llecember,2012,lefOre me,Vanessa Wright,a notary pub Sally eared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the pe sonjor tInictmtity upon behalf ofwhich thepersoi acted,executed the instrument. A i t =PENALTY OF Pl a n vs=of the State of California that the foregoing paragraph is e= d=eorrect. —NESS my hand and official seal - Signature 1. vws. (Seal) L ., taJtrestrierrrq cap, on 11.20111 A,Ae e istant Secre of American Contractors Indemnity Compaf Texas.Bed Company, United States Surety ' _pn dU.S� pecialty Ince Company,do hereby certify that the above id=l oaag is=a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect-furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. - Companies -stn In Witness Whereof,I have hereunto set myhand and a edthe seals of said at Los Angeles,California this S — day Corporate Seals / .. �,.� ...„ , N►.cr'u rµ� s 8r"tirg�`y "pNo..:....�Nc+fco �",., ��oswa;�., ..,.„,. ro, ..„ ......,.. „..,.. /yip �a"ie NCORPONNIO 3 -sWi��� � � M\i • °'.. 'a VSD `k =.,'g'"1" - 4 y ' - _' r/s 1 i Jeannie Lee, sistant Secretary X7042 • l,� ' Py Bond No. IO( _ Zl W r 'k ... r+dy o` 00 6116 PAYMENT BOND BOND# 1000880219 Contractor as Principal Surety Name: JE Construction Services,LLC - Name: Texas Bonding Company Mailing address(principal place of business): Mailing address(principal place of business): P.O. Box 260833 5601 Granite Parkway,Ste. 1100 Corpus Christi,TX 78426 Plano,TX 75024 Physical address(principal place of business): Owner 5601 Granite Parkway,Ste. 1100 Plano,TX 75024 Name: City of Corpus Christi,Texas / Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Texas Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): Facilities ADA Improvements South Texas Art 972/930-0641 Museum&Barge Dock Parking Lot(Bond 2012) Project No. E12123 Telephone(for notice of claim): 1-800-486-6695 Local Agent for Surety Name: Cam Fletcher Award Date of the Contract: April 29,2014 Address: 5601 Granite Parkway,Ste. 1100 Plano,TX 75024 Contract Price: $294,386.80 Bond Telephone: 972/930-0641 E-Mail Address: CFLETCHER@hcc.com Date of Bond: May 5,2014 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number:1-800-252-3439 be deemed an original. Payment Bond Form 00 61 16-1 Proj#E12123 Facilities ADA Impr... 3-4-2014 • • Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal JE Construction Services,LLC Surety Texas Bonding Company Signature: Signature: Name: Or2 ,T 46/Er:T7F Name: Robert G.Kanuth Title: I/ J Title: Attorney-in-Fact Email Address: orzarSe•V eel, cc Email Address: RKanuth@kandsins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 Proj#E12123 Facilities ADA Impr... 3-4-2014 1 III POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITYMPANY TEXAS CO E S BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY C :i\WAIL MEN BY THESE PRESENTS That American Contractors Indemnity Company, a California a > of i Tis _ -3 1i an assumed nan'a im is an ctors Indemni Company, United'states Surety Company, a Maryland -_ ram US. Specialty In mp ,aTexas corporation( llectively,the"Companies"),do by pr nts - constitute and appoint: Johnny Moss,Jay Jordan,Tony Fierro,Jeremy Barnett,Jade Porter, Mistie Beck or Robert G.Kanuth of Rockwall,Texas r- itueinwAttorney(s)-in-ffet,,each in their separate capacity if more :. , ove,with full power and authority ao'l omits name,platftv1 stead,to exectae,acknowledge arn1=41&vinWatWitff. ds,recognizances,undertakings ti moments or contraas of suretyship to Include riders, amcnddment_s, and coksents of surety, providing the bond penalty does not exceed ******Ten Million****** / Dollars ($ **10,000,000.00** ). This Power of Attorney shall expire without further action on December 8,2016.This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: mit RezaVii,tlos a President,any Vice-President,any istant ice-President,any Secretary or any Assistant SC retary shall be and is hereby-vested Cult ai auto;j,point any one or — e so f" ney(s}in-Fact to represent and act for and on behalf of the Compan t _the fllawing —prim A ney-in-Fact may be given full powerlily for-and innThe name of and on behalf of the Company,to execute,acknowledge and d d alt bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. __ v, the signature of any authorized officer and seal abf the Company heretofore or henktRes tel power of attorney or any certificate relating tentsoMP.,--, - any power of�*f or certificate beat ngt facsimile signature or i� l shall be vat a binding upon the Company with respect to t neo which it is a IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 10th day of December,2012. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY e UNITED 1 S COMPANY U.S.SPECIALTY INSURANCE COMPANY ,N w c ��'i_s SU *0—,,, \rowsM. r/ _ 8 tri': �'...._...;ec,. _: tir z 2«,t SZf Sg V - S'ft E -�' :v B _y •`4' ,s jos '�•% %� ' S , 'tom: Daniel P.Aguilar,Vice Pint aR�t'+. -"0 r1''+ ..''err`+ %fir r y '`• State ofealifoa r ifs tiles SS: 1211)- ecember,2012,tliefote me,Vanessa Wright,a notary pulemally appeaTvdDaniel P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the personf,a)or the-entity upon behalf of which the ersotr acted,executed the instrument. I trader PENALTY OF PERMYA-muler the tawof the State of California that the foregoing paragraph*true and correct. TNESS my hand and official sem op*: t;oamess aI kepis Signature (Seal) `''<." , um/ - Cum.,, Dec s.tole I ie tmsistant Secreta ''of American Contractors Indemnity Compan micas--I on Company, United States Surety pat' a 7.K-Specialty Instir rice Company,do hereby certify that t above-an g true and correct copy of a Power fAttomey,executed by said Companies,which is still in full force:and effeed-furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. my _ Companies at Los Angeles,California this �'j - day In Witness Whereof I have hereunto set hand and affixed the seals ofsaid , �__ /� r " MiW p 1 d Corporate Seals ` ,+a i' oyy •4f%Tm .." s M---'''.?,v; ---''?, , :a bso„,,,,,,,.,,,,,,„,,,,,y t ,4 • t Bond No.00199 1720 to`• 'o"= i li/ , _'Izz.. 161 Y's `. Jeannie Lee, 7'sistant Secretary n - 17042 �+ 04°4 '� N,0. , rRoi'tE+r Texas Bonding Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede llamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para informacion o para someter una queja al: 1-800-486-6695 1-800-486-6695 4. You may also write to the company at: Usted tambien puede escribir a la compania: 601 S. Figueroa Street, Suite 1600 601 S. Figueroa Street, Suite 1600 Los Angeles, CA 90017 Los Angeles,CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages,rights, or complaints at: de companias, coberturas,derechos, o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(111-1A) Consumer Protection(111-1A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No.(512)475-1771 Fax No. (512)475-1771 Web:http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail:ConsumerProtection@tdi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo, debe comunicarse con el agente o la agent or the company first. If the dispute is not compania primero. Si no se resuelve la disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condicion del document. documento adjunto. HCCSTXM0008/10 • A D® CERTIFICATE OF LIABILITY INSURANCE DATEH oIXTY) 14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER WNNTACT Janet Treece K&S InsuranceAg Cy Ari PHONE (972)772-7256 FAX lawsNa(972)771-4695 (AIC,No 2255 Ridge Road, Ste. 333 EA-NAIL Fyn:;jtreece@kandsins.com P. O. Box 277 INSURERS)AFFORDING COVERAGE NAIC 0 Rockwall TX 75087 INSURER A Mid-Continent Casualty Co. INSURED INSURER B Mid-Continent Group JE Construction Services LLC ,NsuRERc:Texas Mutual Insurance Co. 22945 4317 Clear Fork Ct. INsuRERo:Federal Insurance Company 20281 INSURER E: Corpus Christi TX 78410 INSURERF: COVERAGES CERTIFICATE NUMBER:13/14 Rev NC 14/15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPOLICY EXP NSR TYPE OF INSURANC NSR WVD POUCY NUMBER fMMIDWYrre (MMIDDIYYYY) UNITS LTR `/ GENERAL UABIUTY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED 100 000 X COMMERCIAL GENERAL LIABILITY / PREMISES(Ea occurrence) S A I CLAIMS-MADE a OCCUR 04-GL-888750 ✓ 11/2/2013 11/2/2014 MED EXP(Any one pmaon) S excluded Additional Insured: ✓ _PERSONAL BAIN INJURY S 1,000,000 1L1081 0608 GENERAL AGGREGATE S ' 2,000,000 GGEENL AGGREGATE LIMIT APPLIES��IEPER: Waiver of Subrogation: PRODUCTS-COMP/OP AGG S 2,000,000 X I POLICY I J PRO- I ,I LOC tU.1080 0711 S AUTOMOBILE UABIUTY \// 04-CA-2798671 J 11/2/2013 11/2/2014 (EaCOMBINEDSINGLE LIMIT $ ,/ 1,000,000 X ANY AUTO Additional Insured: / BODILY INJURY(Per person) S A `— ALL OWNED SCHEDULED 1412004 1100 v BODILY INJURY(Per accident) S AUTOS NCO ED Waiver of Subrogation: PROPERTY DAMAGE S X HIRED AUTOS X AUTOS (Per accident) — MA2003 0310 S X UMBRELLA UAB XOCCUR V 04-XS-183657 11/2/2013 111/2/2014 EACH OCCURRENCE S . 5,000,000 B EXCESS UAB CLAIMS-MADE AGGREGATE S 5,000,000 DED X RETENTIONS 10,000 S C WORKERS COMP ATIONYIN WC STATU- OTH- AND EMPLOYERS'LIABILITY X TORY OMITS ER ANY PROPRIETOR/PARTNERIEXECUTIV I1 0001269935 5/17/2014 5/17/?O15 E.L EACH ACCIDENT S 7 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) Waiver of Subrogation: E.L.DISEASE-EA EMPLOYEE S 1,000,000 If SCRIPTIOdesaON euOF OPERATIONS Debw nder WC420304A E.L.DISEASE-POUCY OMIT S 1,000,000 DE D Contractors Equipment 45467383 10/30/2013 10/30/2014 LeasewRented 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) City Project No: E12123 Facilities ADA Improvements - South Texas Art Museum & Barge Dock Parking Lot See above listing of additional insured and wiaver of subrogation endorsement forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Corpus Christi City Secretary r s Office AUTHORIZED REPRESENTATIVE Attn: City Secretary 1201 Leopard Street Corpus Christi, TX 78401 Gary Thompson/JENNY '4/' r`5''"6"-L-- ACORD 25(2010106) @ 1988-2010 ACORD CORPORATION. All rights reserved. 1N302517111f1n'u ni Tha ArARII name.and Inns arm ranielararl maraca of ArARf y Policy #04-GL-888750 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom the named insured has agreed by written "insured contract"to designate as an additional insured subject to all provisions and limitations of this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) Is amended to include as art insured the person or organization shown in the Schedule,but only with respect to liability caused, in whole or in part, by your performance of ongoing operations for that Insured. ML 10 81(08 OB) Page 1 of 1 Policy #04-GL-888750 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom the named insured is operating under a written "insured contract"when such contract requires a waiver of transfer of rights of recovery against others. (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to Paragraph 8.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of Section IV-Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for Injury or damage arising out of"your work"done under a contract with that person or organization. This waiver applies only to the person or organization shown In the Schedule above. ML 10 8007 11) Page 1 of 1 • ADDITIONAL INSURED' This endorsement modifies Insurance provided under the following: N BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM • TRUCKERS COVERAGE FORM • This endorsement changes the policy effective on the inception date of the policy unless another date Is indicated below: Endorsement Effective 11/?/2013 Policy Number 04-CA-2798671 /__ Named Insured J ECONSTRUCTION SERVICES LLC Countersigned by (Authorized Representative) The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. Any person or organization for whom the named insured has agreed by written"insured contract"to designate as an additional insured subject to all provisions and limitations of this policy. (Enter Name and Address of Additional Insured.) Is an Insured,but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additional Insured Is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend,if applicable,declared by us shall be paid to you. You are authorized to act for the additional Insured In all matters pertaining to this Insurance. The additional Insured will retain any right of recovery as a claimant under this policy. • • MA20 04(11 00) Page 1 of 1 Policy #04-CA-2798671 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s)Of Person(s)Or Organization(s): Any person or organization for whom the named insured is operating under a written"insured contract: when such contract requires a waiver of transfer of rights of recovery against others. Informgtlon required to•complete this Schedule,if not shown above,will be shown in the Declarations. _ The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s)shown in the Schedule, but only to the extent that subrogation is waived prior to the°ac- cident"or the"loss"under a contract with that person or organization. MA 20 03 0310 Page 1 of 1 0 POLICY NUMBER: 04-GL-000888750 AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part,we agree to mail prior written notice of cancellation or malerial change to: SCHEDULE 1. Name: THE CITY OF CORPUS CHRISTI 2. Address: CITY SECRETARY'S OFFICE,ATTN:CITY SECRETARY 1201 LEOPARD ST,CORPUS CHRISTI,TX 78401 3. Number of days advance notice:l 30 ' ✓ MI 9006(10 97) IMMO CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT In the ovent of can.cellation or material change which reduces or restricts the insurance afforded by the policy,the company agrees to mail 30 _...._ days prior written notice of such cancellation or materiel change to: THE CITY OF CORPUS CHRISTI Name CITY SECRETARY'S OFFICE,ATTN: CITY SECRETARY. 1201 LEOPARD Address ST.CORPUS CHRISTI,TX 78401 Address(Con't) Nothing herein contained shall be held to vary,waive,alter,or extend any of the terms,conditions,agreements,or declarations of the undermentioned Policy other than as above stated. This endorsement shall take effect 05/14/2014 12:01 o'clock A.M.,standard time,at Insured's address, and shall terminate simultaneously with this Policy,but shall not be valid unless countersigned by a duly authorized agent of the Company. Attached to and forming part of COMMERCIAL AUTO Policy No. 04=CA-002798871 ✓!�" issued to [_E CONSTRUCTION SERVICES LLC of CORPUS CHRISTI TX • Countersigned at _ this day •f Agent MA 25 39(08 97) Page 1 of 1 PliWORKERSLIABILI'COMPENSATIONINSUNCEANDPOLICYEMPLOYERS Insurance XaSMutuar Company WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in :he Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: THE CITY OF CORPUS CHRISTI CITY SECRETARY'S OFFICE 1201 LEOPARD ST. CITY SECRETARY CORPUS CHRISTI , TX 78401 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching ause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on May 20 , 2014 at 12:01 A.M.standard time,forms a part of Policy No. SBP-0001269935 20140517 of the Texas Mutual Insurance Company Issued to JE CONSTRUCTION SERV I CES LLC Endorsement No. 1 Premium$ 0,00 ., Authorized Representative *" WC420601(ED.1-94) INSURED'S COPY WASENDRS 5-20-2014