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HomeMy WebLinkAboutC2015-339 - 9/8/2015 - Approved 2015-339 9/08/15 M2015-093 CONTRACT DOCUTBC Commercial Construction Ip FOR CONSTRUCTION 0 City Hall Fire Detection and Alarm System PROJECT No. E14013 111 1111111111111111111111r Man 1111111111111111, 111111111111111111 11111111111W 11.111111111 411111110.1111111111101111.11100 City of Corpus Christi LL NRGLL : e • . JOHN A RuC,R utiEZ fle ENGINEERING 9027 3 .1C, 1111;*7 Ns'•• ... 5656 S. Staples, Suite 360 Corpus Christi,TX 78411 eN7°)14f '263*I P:(361)852-2727 F: (361)852-2922 Texas Firm Registration No. F-005318 vywyv nrocc CO 11 February 13, 2015 Record Drawing Number PBG - 811 C ADDENDUM NUMBER 1 , _ _ C ! Project: ofOwner:t: City Hall Fire Detection and Alarm System Project Number: y of Corpus Chris E14013 City 1 Engineer: I.H.Edmonds, P. �--- i . -' 7_.4...x'__. E Designer: NRG Engineering Addendum No. 01 Issue Date: May 29,2015,..,_____ Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. L Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: NRG Engineering ' 7- John A.Rodriguez Ill, P.E. 05 29 2015 Name nate Addendum Items: Specification Section 00 1116–Invitation to Bid x,` '4' Specification Section 00 30 01–Bid Form ,, Specification Section 00 52 23–Agreement Specification Section 0123 10–Alternates and Allowances EGeneral Clarifications , _ �_�,e'"`� ,. Attachment Na. 1 Revised Bid Form / ,f, Attachment No.2–Pre-Bid Conference Sign-In Sheet ,f , ,.......— ,< 4.7 i E ...___ NRG Engineering, TBPE Firm Reg. No. ! ._......( F-5318 CApproved by: tib FIN fr'(4 66 cai2- F. I- L.v f S Name Date Addendum Items: (See above' C ,,., Imow_ I I I 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: City Hall Fire Detection and Alarm System Owner's Project Identification No.E14013 A. This project consists of the replacement of the existing Fire Detection and Alarm System as well as the Voice Evacuation System with a new and complete functioning system. Items to be replaced and/or added shall be none proprietary(i.e.open source)and include but limited to the following: 1. Fire Alarm Control Panel 2. Fire Alarm Power Supplies 3. Notification Devices 4. Detection Devices 5. Relays 6. Monitor Modules 7. Control Modules 8. Speakers 9. Fireman's Handsets(Telephone) 10. Wiring B. The project also involves the reconstruction and interconnection of the existing elevator recall system,stairwell pressurization system,and smoke evacuation system. C. The existing IT Room Fire Suppression System and the buildings Automatic Sprinkler System (including Fire Pump)are required to be monitored by the Fire Alarm Control Panel. D. No existing devices,wiring or cabling shall be reused during construction. Existing raceways and or pathways may be reused. Patch,paint,fix and replace all surfaces damaged during construction to its original condition. E. A fire watch will be required in order to complete the replacement of the existing Fire Detection and Alarm System. The Contractor shall provide and include within his/her lump sum bid price the necessary manpower to accomplish said work including the fire watch. F. No work shall be performed on Tuesday's without prior approval of the owner. G. Contractor shall be required to submit an "Application for Permit"to the City of Corpus Christi Fire Department and obtain a permit for construction.Contractor shall submit all required documents to the City of Corpus Christi Fire Marshall for review.Contractor shall pay for all permitting fees,as well as fees associated with the Fire Marshall's fees for after hours testing. 3 Invitation to Bid 00 11 16-1 City Hall Fire Detection and Alarm System f#E14013 REV 03-10-2015 E L H. The Contractor shall field verify existing conditions and make all necessary changes and adjustments to his/her shop drawings prior to submission for an "Application for Permit"to the City of Corpus Christi Fire Department. Shop drawings shall conform to NFPA 72 and the local Authority Having Jurisdiction(AHJ). 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$350.103.00. The Project is to be substantially complete and ready for operation within (1801 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: http:/www.civcastusa.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 mandatory pre-bid conference for the Project will be held on Wednesday.May 20th 2015 at 10:30AM at the following location: 6th Conference Room City Hall Building— Floor 1201 Leopard Street Corpus Christi,Texas 78401 Bids will not be accepted from Bidders who do not attend the conference. It is the Bidders' responsibility to sign in at the pre-bid conference to verify their participation. ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 4.01 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 5:00 p.m.seven(7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 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. Invitation to Bid 00 11 16-2 City Hall Fire Detection and Alarm System#E14013 REV 03-10.2013 I I ARTICLE 5—MINORITY/MBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE PARTICIPATION POLICY. 5.02 Minority participation goal for this Project has been established to be 45%of the Contract Price. 5.03 Minority Business Enterprise participation goal for this Project has been established to be 15% of the Contract Price. ARTICLE 6—BID SECURITY 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 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent(5%)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 submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check,certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 7 below. 6.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent(5%)of the greatest amount bid if,within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner;or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 6.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not 3 be considered. 6.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS 7.01 Electronic Bids must be submitted to the CivCastUSA website at www.CivCastUSA.com no later than 2:00PM,Wednesday—lune 3`d 2015 to be accepted. The Bids will be publicly opened and I Invitation to Bid 00 11 16-3 City Hall Fire Detection and Alarm System#E14013 REV 0310.2015 read aloud at this time at the City Council Chambers or Staff Room, 1st floor of the City Hall Building. Bids received after this time will not be accepted. If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—City Hall Fire Detection and Alarm System,Project No. E14013 All envelopes and packages(including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. 7.02 Bids will be publicly opened and read aloud at 2:00pm on Wednesday,June 3`a 2015, at the following location: City Hall Building- City of Corpus Christi First Floor City Council Chambers or Staff Room 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to either the lowest responsible Bidder or the Bidder who provides the best value who 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 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. 9.02 Contractors for this Project must obtain and provide the necessary insurance, including Workers' Compensation Insurance, as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 9.03 Performance and Payment Bonds are required. END OF SECTION Invitation to Bid 00 11 16-4 City Hall Fire Detection and Alarm System#E14013 REV 03.10.2015 00 30 01 BID FORM 00 30 01 BID FORM Project Name: City Hall Fire Detection and Alarm System Project Number: E14013 Owner: City of Corpus Christi Bidder: OAR: J.H. Edmonds, P.E. Desi:ner: NRG Engineering Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization $ - $ - A2 Submittals $ - $ A3 Materials $ - $ - A4 Labor $ - $ A5 Fire Watch $ - $ - A6 Testing $ - $ - SUBTOTAL PART A-GENERAL(Items Al thru A6) $ - Part B-DEDUCTIVE ALTERNATE NO. 1(per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) B1 DEDUCTIVE ALTERNATE 1 $ - $ - SUBTOTAL PART B-DEDUCTIVE ALTERNATE NO. 1 (B1) $ Part C-ADDITIVE ALTERNATE NO. 2(per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) Cl ADD ALTERNATE 2 $ - $ - SUBTOTAL PART C-ADDITIVE ALTERNATE NO.2(Cl) $ - BID SUMMARY SUBTOTAL PART A- GENERAL(Item Al) $ - TOTAL PROJECT BASE BID (PART A) C $ - TOTAL PROJECT DEDUCTIVE ALTERNATE NO. 1 (PART B) $ - "` TOTAL PROJECT ADDITIVE ALTERNATE NO. 2 (PART C) $ _ Contrast Times Bidder agrees to reach Substantial Completion in 180 days Bidder agrees to reach Final Completion in 210 days Bid Form Page 1 of 1 City Hall Fire Detection and Alarm System #E14013 HCV 10-1.1-Mit C 00 52 23 AGREEMENT This Agreement,for the Project awarded on , is between the City of Corpus Christi (Owner)and (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: City Hall Fire Detection and Alarm System Proiect No. E14013 A. This proiect consists of the replacement of the existing Fire Detection and Alarm System as well as the Voice Evacuation System with a new and complete functioning system. Items to be replaced and/or added shall be none proprietary(i.e.open source)and include but limited to the following: 1. Fire Alarm Control Panel 2. Fire Alarm Power Supplies 3. Notification Devices 4. Detection Devices 5. Relays 6. Monitor Modules 7. Control Modules 8. Speakers 9. Fireman's Handsets(Telephone) 10. Wiring B. The project also involves the reconstruction and interconnection of the existing elevator recall system,stairwell pressurization system,and smoke evacuation system. C. The existing IT Room Fire Suppression System and the buildings Automatic Sprinkler System (including Fire Pump)are required to be monitored by the Fire Alarm Control Panel. D. No existing devices,wiring or cabling shall be reused during construction. Existing raceways and or pathways may be reused. Patch,paint,fix and replace all surfaces damaged during construction to its original condition. I Agreement 00 52 23-1 City Hall Fire Detection and Alarm System#E14013 REV 03-23-2015 I I E. A fire watch will be required in order to complete the replacement of the existing Fire Detection and Alarm System. The Contractor shall provide and include within his/her lump sum bid price the necessary manpower to accomplish said work including the fire watch. F. No work shall be performed on Tuesday's without prior approval of the owner. G. Contractor shall be required to submit an"Application for Permit"to the City of Corpus Christi Fire Department and obtain a permit for construction.Contractor shall submit all required documents to the City of Corpus Christi Fire Marshall for review.Contractor shall pay for all permitting fees,as well as fees associated with the Fire Marshall's fees for afterhours testing. H. The Contractor shall field verify existing conditions and make all necessary changes and adjustments to his/her shop drawings prior to submission for an "Application for Permit"to the City of Corpus Christi Fire Department. Shop drawings shall conform to NFPA 72 and the local Authority Having Jurisdiction (AHJ). I ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: NRG Engineering 111 5656 S.Staples.Suite 360 Corpus Christi.TX 78411 2.02 The Owner's Authorized Representative for this Project is: To Be Determined City of Corpus Christi.TX3 1201 Leopard Corpus Christi.TX 78401 ARTICLE 3 CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within one hundred and eighty(180) 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 two hundred and ten(210)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 ! I Agreement 00 52 23-2 City Hall Fire Detection and Alarm System#E14013 REV 03-23-2015 C A. Owner and Contractor recognize that time limits for specified pec ed 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 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 for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner Six Hundred Dollars and No Cents($600.00)for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner Six Hundred Dollars and No Cents($600.00)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 Lump Sum prices shown in the attached BID FORM. Total Lump Sum Base Bid Price $ 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. Agreement 00 52 23-3 City Hall Fire Detection and Alarm System#E14013 REV 03-23-2015 I 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. 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 3 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 REPRESENTATIONS3 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; Agreement 00 52 23-4 City Hall Fire Detection and Alarm System#E14013 REV03-23-2015 C C 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 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. L Agreement 00 52 23-5 City Hall Fire Detection and Alarm System StE14013 REV 03-23-2015 3 3 ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of 3 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 3 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 3 9.01 Contents: A. The Contract Documents consist of the following: 3 1. Specifications,forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in Section 00 0115"List of Drawings"for"City Hall Fire Detection and 3 Alarm System". 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 3 b. List as necessary. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. 3 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 3 Four original duplicates of the signed Agreement will be required. The sequence of signatures will be completed in the following order: 3 A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company.If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY for the City. I Agreement 00 52 23-6 City Hall Fire Detection and Alarm System#E14013 REV 03-23-2015 C L ATTEST CITY OF CORPUS CHRISTI I Rebecca Huerta City Secretary Jeffery Edmonds Director of Capital Programs(Engineering) I APPROVED AS TO LEGAL FORM: I Janet L.Kellogg Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR C (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President,Chief Executive Officer,or Chief Financial Officer Address City State Zip Phone Fax EMail C END OF SECTION C C I I Agreement 00 52 23-7 City Hall Fire Detection and Alarm System#E14013 REV03-23-2015 3 I 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates: 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate,and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option of the Owner. 5. Owner may incorporate these alternates in the Contract when executed,or may issue a Change Order to incorporate these alternates within 120 days at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project. B. Allowances: 111 1. Include specified allowance amount in the Contract Price. 2. The amount of each allowance includes: a. The cost of the product to the Contractor less any applicable trade discounts. b. Delivery to the Site. c. Applicable taxes. 3. Include in the Contract Price all costs for: 3 a. Handling at the Site, including unloading, uncrating, and storage per SECTION 01 3100 PROJECT MANAGEMENT AND COORDINATION. b. Cost for labor and equipment for installation and finishing. c. Cost for related products not specifically listed in the allowance required for installation,including consumable supplies and materials. d. All overhead, profit,and related costs. 4. Assist Owner in the selection of products. 3 a. Identify qualified Suppliers. b. Obtain bids from qualified Suppliers. c. Present available alternates to the Owner through the OAR. Notify OAR of: 1) Any objections to a particular Supplier or product. Alternates and Allowances 01 23 10-1 City Hall Fire Detection and Alarm System#E14013 11-25-2013 C C 2) Effect on the Construction Schedule anticipated by the selection of each option. 3) Cost of each option. S. Upon selection of the product: a. Purchase and install the product. b. Contractor's responsibilities for products shall be the same as for products selected by the Contractor. 6. Submit a Change Proposal per SECTION 0131 14 CHANGE MANAGEMENT to adjust Contract Price if the net cost of the product is more or less than the specified amount. a. Adjust the unit cost applied to the quantities installed per the method of payment described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES for products specified as Unit Price Work. b. Do not perform Work until selection of alternate has been approved by the Owner. c. Provide actual invoices for the materials. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with SECTION 0133 00 DOCUMENT MANAGEMENT. 1.03 DESCRIPTION OF ALTERNATES A. Deductive Alternate No. 1—In lieu of patching and painting the existing wall and ceiling surfaces that are vacated by devices not being replaced in the same location,the Contractor shall provide white blank off cover plates over rough openings which will not be reused.The deductive alternate cost shall be reflected in Specification section 00 30 01 Bid Form under Part B,Item B1. 1.04 DESCRIPTION OF ALLOWANCES A. Allowance A-None: 2.00 PRODUCTS(NOT USED) , 3.00 EXECUTION(NOT USED) END OF SECTION I I Alternates and Allowances 01 23 10-2 City Hall Fire Detection and Alarm System#E14013 11-25-2013 I CITY OF CORPUS CHRISTI -CAPITAL PROGRAMS r ' PRE BID CONFERENCE SIGN-IN..SHEET' Project#E14013 Location: Capital Programs-City Hall 3rd Floor _ City Hall Fire Detection and Alarm System Date/Time: Wednesday-20.May.2015-10:30 a.m. NAME.: TITLE COMPANY PHONE ' • E-MAIL 1 Rpy fl�r/t ;,0 1�."_ 0 34,I (r Rs-UB(t{ .5 roc..-14.4.614 C s t. n t ie l 'o-Q 4 ‘S co .Akk I IA)a At Ait \kEt 9cps 424T • L L. 6(,12 c4-r zjlol-q i 4I-774 c s @-t-1 n"e p i n.¢k" 3c _ '^ ',' mo F+eS', 2 0 924 3387 . c 0 - - CO An 1 i. . •....3. o�cc�a Sec../ 4' `�.-33o-S3/o bie�Skr9v 6 ye,t,00,00. OrEAm �rdr- N,.<,...�,9�,�. Pc Pr � 1 MININIMI 'v.. s- - . 0 ; . .o ecAt. Iwo .(0M1 _5ec.,s KO . . 4(1-54 - MM. e ✓Ott (3G 176 917j' 4Owenie.�c6e7, ,7� F-llk. - l/aC. .0 v'-z;S. ' 6/-,o?Fee‘as7 -.04 Lee S-Rrs-f;c.04 /1 mdce,,70c,.-i X451,-rf cA. 14 5 S 3o/-33'I '- 1s 3 tA(.441 y @Ass601r. 1 • P'ct P ire t 5ft. II AN`$.s /Leo free 'TKH • AebY C E 361.X11. 021 T1 Rr4oe G AILiva@ Se ' • �a AJFG G�.a�keei' _361 85 2 2727 J a € eg,cc..(o it;,%<.e.. Bc,r- C i h_ i'r. Fi e_ F1 R 4 3c-totp rr1,i jir 4,o @-c c't� .s. ' an 4. Ling A 1)► . calwe t . -earc-3sa Ivanlec6 .Iona f a.urresn ZIA ( S94Ie5 1 PST 3( 1 K3?&G7 ot/ z( rofediek.eoi, Ggt611,M011, pr46 I?sy 36I- 835-6678 GAteloiinvoieetS,,.com r ,� ! n�G-t� CAT'e — g>�,35z1- c�®cc co . 4747. % tr- g e'�a`$` I I Page 1 of 1 I C City Hall Fire Detection and Alarm System Pre-Bid Conference Wednesday, May 20, 2015 Time: 10:30AM Questions from Pre-Bid Conference: 1. Will the contractor be required to perform a stairwell pressurization test?Answer: Yes. Contractor shall perform a functional test and provide test results to the City. 2. Who will be responsible for existing systems that do not function such as the Smoke EEvacuation System, Elevator Recall,and the Stairwell Pressurization System?Answer: The City will be responsible for repairing the existing systems that are not functional at the time of construction. The Contractor shall pre-test the existing systems prior to construction to determine which systems do not operate properly. The contractor shall retest the systems prior to final acceptance. 3. Can an allowance be made in the bid documents for discovery of functioning systems such as Smoke Evacuation System, Elevator Recall, and Stairwell Pressurization System? Answer:No.See response above. 4. Can a line item be added to the bid form for the Fireman's Radio System in lieu of the hard wired Fireman's Phone System?Answer:No. The Contractor has the option to provide either the Fireman's Phone System or a Fireman's Radio System as indicated in the drawings and specifications. 5. What hours can the contractor work?Answer: The building has security present 24- hours a day, 7 days a week. The Contractor can access the building at any time. The Contractor will supply a list of names for all employees wanting to work outside of business hours. Building Security will create a sign-in sheet and have it at the Lipan Street entrance for the contractors to use. This applies except for the restriction of no work being performed on Tuesdays, when City Council meets(they often work late into the evening). The City will supply the City Council Meeting Schedule so the Contractor is aware of these Tuesday's. 6. Can the contractor work after business hours and weekends?Answer: Yes.See response above. 7. Are there any areas of the building that have restricted access? If so, how much notice does the City require before performing work in these areas?Answer: For restricted areas during normal business hours, the City requires 24-hours advance notice so that we can schedule with the respective departments. For restricted areas after business hours and on weekends, the Contractor will sign in at the Lipan Street entrance and the Building Security will allow them access to the respective secure areas. L I 8. What procedure shall be used to test the intelligibility of the system? Answer: The test 3 method for determining the intelligibility of the Fire Alarm and Emergency Communication System shall be based on the measurement of STI(Speech Transmission Index). The Contractor shall use a dB meter for all testing and record all results. 9. There are existing devices at the top of the Atrium. Are these devices required to be removed?Answer: Yes. These devices are required to be removed. 10. If the devices at the topof the Atrium are required to be removed, is the contractor q required to patch and paint the entire Atrium?Answer: Yes 11. Where existing devices are removed and the location not reused, is it acceptable to provide a blank faceplate over the existing opening?Answer:No.As part of the base bid, the Contractor shall patch and paint the existing rough opening to match the existing wall and or ceiling surface. Contractor shall provide a deductive alternate (Alternate No. 1)to provide white blank off cover plates over rough openings which are not reused. 12. In the 6th Floor Conference Room,the devices located on the ceiling will need to be relocated. Can surface raceway be used to relocate the new devices? Patching and painting the entire ceiling would be cost prohibitive to the project. Answer: No.As part of the base bid, the Contractor shall patch and paint the existing rough opening to match the existing wall and or ceiling surface. Contractor shall provide a deductive alternate(Alternate No. 1)to provide white blank off cover plates over rough openings which are not reused. 13. Does the City have replacement 12"x12" ceiling tiles to match the tiles in the floor lobbies and can the contractor use those spare tiles? Answer:No. The Contractor shall provide replacement ceiling tiles to match existing. 14. In the Atrium, can our equipment be placed further down than the current equipment? Answer: Equipment shall be placed in accordance with NFPA standards and manufacturer's performance requirements. 15. In the Atrium, can the City include the removal, patch, and repair of existing equipment be included in the current/proposed Facilities Department project as the contractor will 3 already have the scaffolding, etc., in place?Answer: No. As part of the base bid, the Contractor shall patch and paint the existing rough opening to match the existing wall and or ceiling surface. Contractor shall provide a deductive alternate(Alternate No. 1) to provide white blank off cover plates over rough openings which are not reused. 16. is the Acceptance Intelligibility Testing going to be by DB meter measurement or by person?Answer:See response to question number 8. I C 17. Can existing conduit in the walls remain?Answer Yes. Existing conduit may remain abandoned in place or be reused. However, all existing wiring shall be removed. 18. If the existing system goes down do we have to do the Fire Watch?Answer: Yes C 19. If the goal is to leave the existing system in place till the new system is working, and we leave the conduit in place, or reuse speaker locations, so we're tampering with the existing system, do we have to do Fire Watch?Answer: Yes 20.Can the City's Security personnel do the Fire Watch?Answer: No 21.Can we have two systems (old trigerring new and new triggering old) so we only have to Fire Watch each floor as it's being updated?Answer: Yes,for temporary purposes during construction, this may be done. 22. During business hours can City employees be classified as doing the Fire Watch? Answer: No 23. Please clarify the degree of patch and paint (due to the high cost). Answer:See response to question No. 12. 24.Add Specification section 0011 16 invitation to Bid,Article 1 Section 1.01, add item H. -The Contractor shall field verify existing conditions and make all necessary changes and adjustments to his/her shop drawings prior to submission for an "Application for Permit"to the City of Corpus Christi Fire Department. Shop drawings shall conform to NFPA 72 and the local Authority Having Jurisdiction(AHJ). 25.Specification section 00 30 01 Bid Form shall be replaced with the attached revised Bid Form. Deductive Alternate No. 1 has been added to the Bid Form. 26.Add Specification section 00 52 23 Agreement,Article 1 Section 1.01, add item H.—The Contractor shall field verify existing conditions and make all necessary changes and adjustments to his/her shop drawings prior to submission for an "Application for Permit"to the City of Corpus Christi Fire Department. Shop drawings shall conform to NFPA 72 and the local Authority Having Jurisdiction(AHJ). 27.Add Specification section 01 23 10 Alternates and Allowances,sub-section 1.03 Description of Alternates, item A. Deductive Alternate No. 1—In lieu of patching and painting the existing wall and ceiling surfaces that are vacated by devices not being replaced in the same location, the Contractor shall provide white blank off cover plates r I over rough openings which will not be reused. The deductive alternate cost shall be reflected in Specification section 00 30 01 Bid Form under Part 8, Item B1. I I 1 I I I I I I I I C CONTRACT DOCUMENTS FOR CONSTRUCTION OF City Hall Fire Detection and Alarm System PROJECT No. E14013 iL s "i City Corpus Christi LL kiiDC .7 f i' �� INiJ ash e e !d'`i �rt. :jL317,1 ) l' lf-a; LL {II of ENGINEERING 5656 S. Staples, Suite 360 Corpus Christi, TX 78411 P. (361)852-2727 F. (361)852-2922 61 852-2922 'r I Texas Firm Registration No. F-005318 www.nrgcc.com February 13, 2015 Record Drawing Number PBG - 811 6 00 0100 TABLE OF CONTENTS r Division/ Title Section Division 00 Procurement and Contracting Requirements 00 01 15 List of Drawings 00 1116 Invitation to Bid (Rev 03/10/2015) 00 21 13 Instructions to Bidders (Rev 03/10/2015) 00 30 00 Bid Acknowledgment Form (Rev 03/10/2015) 00 30 01 Bid Form(Rev 03/23/2015) 00 30 02 Compliance to State Law on Nonresident Bidders F 00 30 03 Compliance to Texas Sales Tax Code(Rev 11/25/2013) 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(Rev 03/23/2015) 00 61 13 Performance Bond (Rev 7/3/2014) 00 61 16 Payment Bond(Rev 7/3/2014) 00 72 00 General Conditions (Rev 3/23/2015) 00 72 01 Insurance Requirements(Rev 7/3/2014) 00 72 02 Wage Rate Requirements(Rev 03/11/2015) 00 72 03 Minority/MBE Participation Policy 00 73 00 Supplementary Conditions 00 74 00 Special Conditions for Funding Agency ws Division 01 General Requirements 01 1100 Summary of Work 01 23 10 Alternates and Allowances �• 01 29 00 Application for Payment Procedures(Rev 03/11/2015) 01 29 01 Measurement and Basis for Payment 01 3100 Project Management and Coordination 0131 13 Project Coordination 0131 14 Change Management 01 33 00 Document Management ire Table of Contents 00 0100-1 City Hall Fire Detection and Alarm System#E14013 REV 03-10-2015 Division/ Title Section 01 33 01 Submittal Register(Rev 7/3/2014) •• 01 33 02 Shop Drawings 01 33 03 Record Data _ 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 01 35 00 Special Procedures 0140 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements .� Part S Standard Specifications NOT USED NOT USED Part T Technical Specifications DIVISION 26 ELECTRICAL 26 01 00 Electrical General Provisions 26 07 50 Electrical Identification 26 13 60 Raceways DIVISION 28 FIRE PROTECTION 28 31 00 Fire Detection and Alarm System END OF SECTION Table of Contents 00 01 00-2 "A City Hall Fire Detection and Alarm System#E14013 REV 03-10-2015 C C 0011 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: City Hall Fire Detection and Alarm System Owner's Project Identification No. E14013 IL A. This project consists of the replacement of the existing Fire Detection and Alarm System as well as the Voice Evacuation System with a new and complete functioning system. Items to be replaced and/or added shall be none proprietary(i.e.open source)and include but limited to the following: 1. Fire Alarm Control Panel 2. Fire Alarm Power Supplies 3. Notification Devices 4. Detection Devices 5. Relays 6. Monitor Modules 7. Control Modules 8. Speakers 9. Fireman's Handsets (Telephone) 10. Wiring B. The project also involves the reconstruction and interconnection of the existing elevator recall system,stairwell pressurization system, and smoke evacuation system. C. The existing IT Room Fire Suppression System and the buildings Automatic Sprinkler System (including Fire Pump)are required to be monitored by the Fire Alarm Control Panel. D. No existing devices,wiring or cabling shall be reused during construction. Existing raceways and or pathways may be reused. Patch, paint,fix and replace all surfaces damaged during construction to its original condition. E. A fire watch will be required in order to complete the replacement of the existing Fire Detection and Alarm System. The Contractor shall provide and include within his/her lump sum bid price the necessary manpower to accomplish said work including the fire watch. F. No work shall be performed on Tuesday's without prior approval of the owner. G. Contractor shall be required to submit an "Application for Permit"to the City of Corpus Christi Fire Department and obtain a permit for construction. Contractor shall submit all required documents to the City of Corpus Christi Fire Marshall for review. Contractor shall pay for all permitting fees,as well as fees associated with the Fire Marshall's fees for after hours testing. Invitation to Bid 00 11 16-1 City Hall Fire Detection and Alarm System#E14013 REV 03-10-2015 I j I 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$350,103.00. The Project is to be substantially complete and ready for operation within (180)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: http:/www.civcastusa.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 111 other information relevant to submitting a Bid for the Project. ARTICLE 3—PRE-BID CONFERENCE 3.01 A mandatory pre-bid conference for the Project will be held on Wednesday, May 20th 2015 at 10:30AM at the following location: City Hall Building—6th Floor Conference Room 1201 Leopard Street Corpus Christi,Texas 78401 I Bids will not be accepted from Bidders who do not attend the conference. It is the Bidders' responsibility to sign in at the pre-bid conference to verify their participation. ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 4.01 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 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 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 PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE PARTICIPATION POLICY. Invitation to Bid 001116-2 City Hall Fire Detection and Alarm System#E14013 REV 03-10-2015 L C 5.02 Minority participation goal for this Project has been established to be 45%of the Contract Price. 5.03 Minority Business Enterprise participation goal for this Project has been established to be 15% of the Contract Price. ARTICLE 6—BID SECURITY 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 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent(5%) 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 submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check,certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents,the bidder's name and the job name and number and delivered as required in Article 7 below. 6.03 Bid Bond Requirements: 1. A Bid Bond must guarantee,without qualification or condition,that the Owner will be paid a sum equal to 5 percent(5%)of the greatest amount bid if,within 10 calendar days of Notice of Award of the Contract,the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner;or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 6.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 6.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS 7.01 Electronic Bids must be submitted to the CivCastUSA website at www.CivCastUSA.com no later than 2:00PM,Wednesday—June 3rd 2015 to be accepted. The Bids will be publicly opened and read aloud at this time at the City Council Chambers or Staff Room, 1st floor of the City Hall Building. Bids received after this time will not be accepted. If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: Invitation to Bid 00 11 16-3 City Hall Fire Detection and Alarm System#E14013 REV 03-10-2015 C 3 I City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—City Hall Fire Detection and Alarm System, Project No. E14013 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. 7.02 Bids will be publicly opened and read aloud at 2:00pm on Wednesday,June 3`d 2015,at the following location: City Hall Building- City of Corpus Christi First Floor City Council Chambers or Staff Room 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to either the lowest responsible Bidder or the Bidder who provides the best value who 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 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. 9.02 Contractors for this Project must obtain and provide the necessary insurance, including Workers' Compensation Insurance,as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 9.03 Performance and Payment Bonds are required. I END OF SECTION I I Invitation to Bid 00 11 16-4 City Hall Fire Detection and Alarm System#E14013 REV03-10-2015 rt r. 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 111111 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: r Ir. Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence ii. $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non-Owned, Rented and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory `' Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Contractor's Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required X Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price ❑ Required X Not Required Installation Floater Equal to Contract Price ❑ Required X Not Required imp Owner's Protective Liability Equal to Contractor's liability insurance s; ❑ Required X Not Required nr 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in `u' accordance with Article 6 of the General Conditions and this Section. Insurance Requirements 00 72 01-1 City Hall Fire Detection and Alarm System#E14013 REV 07-03-2014 Aro 3 2 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-insuredj retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. 3 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. 3 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 3 required insurance. I. Owner does not represent that the insurance coverage and limits established in this 3 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 indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT 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 3 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 3 entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers'compensation policy and Contractor's professional liability policy. r 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 3 1. Claims under workers' compensation,disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements3 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 accordance with Texas Department of Insurance rules. Insurance Requirements 00 72 01-2 City Hall Fire Detection and Alarm System#E14013 REV 07-03-2014 I I r 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). 1 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 S. 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. 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: 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 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, 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; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and Insurance Requirements 00 72 01-3 City Hall Fire Detection and Alarm System#E14013 REV 07-03-2014 I I I h) Any loss to temporary Project Works if their value is included in the Contract Price. 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, 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. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 3 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; 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 r 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 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 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. Insurance Requirements 00 72 01-4 City Hall Fire Detection and Alarm System#E14013 REV 07-03-2014 I I I 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 professional services under this Contract. I. The policies of insurance required by this Section must: L1. 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. 2. Contain a provision that coverage afforded will not be canceled or materially changed 1 until at least 30 days prior written notice has been given to Contractor,Owner, and all Lnamed insureds and additional insureds. 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. E 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, L Subcontractor,Supplier, anyone directly or indirectly employed or retained by any of them, 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 Ipolicies 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 A. 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 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 Linsurance. 1.05 PROPERTY INSURANCE IA. 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 I 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 entities identified in the Supplementary Conditions, as named insureds. 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 Iequipment in transit, and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot; civil commotion;terrorism;vehicle impact;aircraft; smoke;theft;vandalism and malicious mischief; mechanical breakdown, boiler I 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 Insurance Requirements 00 72 01 5 City Hall Fire Detection and Alarm System#E14013 REV 07-03-2014 I I 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. 5. 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 loss covered. 9. Not include a co-insurance clause. 3 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. 111 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 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. C. 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 expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS3 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 Insurance Requirements 00 72 01-6 City Hall Fire Detection and Alarm System#E14013 REV 07-03-2014 I I I 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 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: 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. 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. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code§1811.101;or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code§1811.101. Insurance Requirements 00 72 01-7 City Hall Fire Detection and Alarm System#E14013 REV 07-03-2014 I 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements,and111 documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision, or modification of particular policy terms, 111 conditions, limitations, or exclusions (except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn:Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 3 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. Insurance Requirements 00 72 01-8 City Hall Fire Detection and Alarm System#E14013 REV 07-03-2014 I 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 by the 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. 1 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 during the duration of the Project,the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project;and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 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. Insurance Requirements 00 72 01-9 City Hall Fire Detection and Alarm System#E14013 REV 07-03-2014 L I I I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: I 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 3 the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; S. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project;and 7. Contractually require each person with whom it contracts,to perform as required by paragraphs (1)- (7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties,civil penalties,or other civil actions. 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. END OF SECTION Insurance Requirements 00 72 01-10 City Hall Fire Detection and Alarm System#E14013 REV 07-03-2014 I 00 73 00 SUPPLEMENTARY CONDITIONS 4r These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. Irm ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi,Texas NRG Engineering r B. The following entities, along with the members of the OPT,are to be named as an additional insured on all insurance policies, except workers compensation insurance and the Contractor's professional liability insurance. C. Paragraph 1.01.A.54"Substantial Completion" is more specifically defined for this Project as: 1. The following items are fully functional and suitable for operation in accordance with the Contract Documents: Ir. a. Fire Detection and Alarm System b. Voice Evacuation System tam c. Fire Fighters Phone System d. Elevator Recall w• ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: irm 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: �.. Supplementary Conditions 00 73 00-1 City Hall Fire Detection and Alarm System#E14013 11-25-2013 Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of[0] rain days have been set for this Project. An extension of time due to rain days will be considered only after [0] rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS 1/11 A. This Supplementary Condition identifies documents referenced in General Conditions - Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: None Drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) include the following: None SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE 5.06 Hazardous Environmental Conditions at Site A. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. The Contractor must perform at least 10 percent of the Work, measured as a percentage of the Contract Price, using its own employees. END OF SECTION Supplementary Conditions 00 73 00-2 MOW City Hall Fire Detection and Alarm System#E14013 11-25-2013 00 52 23 AGREEMENT This Agreement,for the Project awarded on_September 8,2015 , is between the City of Corpus Christi (Owner)and TBC Commercial Construction, 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: City Hall Fire Detection and Alarm System Project No. E14013 A. This project consists of the replacement of the existing Fire Detection and Alarm System as well as the Voice Evacuation System with a new and complete functioning system. Items to be replaced and/or added shall be none proprietary(i.e. open source)and include but limited to the following: 1. Fire Alarm Control Panel 2. Fire Alarm Power Supplies 3. Notification Devices 4. Detection Devices 5. Relays 6. Monitor Modules 7. Control Modules 8. Speakers 9. Fireman's Handsets(Telephone) 10. Wiring B. The project also involves the reconstruction and interconnection of the existing elevator recall system, stairwell pressurization system,and smoke evacuation system. C. The existing IT Room Fire Suppression System and the buildings Automatic Sprinkler System (including Fire Pump) are required to be monitored by the Fire Alarm Control Panel. D. No existing devices,wiring or cabling shall be reused during construction. Existing raceways and or pathways may be reused. Patch, paint,fix and replace all surfaces damaged during construction to its original condition. Agreement 00 52 23-1 City Hall Fire Detection and Alarm System#E14013 REV 03-23-2015 E. A fire watch will be required in order to complete the replacement of the existing Fire Detection and Alarm System. The Contractor shall provide and include within his/her lump sum bid price the necessary manpower to accomplish said work including the fire watch. F. No work shall be performed on Tuesday's without prior approval of the owner. G. Contractor shall be required to submit an "Application for Permit"to the City of Corpus Christi Fire Department and obtain a permit for construction.Contractor shall submit all required documents to the City of Corpus Christi Fire Marshall for review. Contractor shall pay for all permitting fees, as well as fees associated with the Fire Marshall's fees for afterhours testing. H. The Contractor shall field verify existing conditions and make all necessary changes and adjustments to his/her shop drawings prior to submission for an "Application for Permit"to the City of Corpus Christi Fire Department. Shop drawings shall conform to NFPA 72 and the local Authority Having Jurisdiction (AHJ). ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: NRG Engineering 5656 S.Staples,Suite 360 Corpus Christi,TX 78411 2.02 The Owner's Authorized Representative for this Project is: Phil Boehk, P.E.—Acting Construction Engineer City of Corpus Christi—Capital Programs 4917 Holly Rd.,Bldg.#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within one hundred and eighty(180) 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 two hundred and ten(210)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 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages Agreement 00 52 23-2 City Hall Fire Detection and Alarm System#E14013 REV 03-23-2015 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 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 for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner Six Hundred Dollars and No Cents($600.00)for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner Six Hundred Dollars and No Cents($600.00)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 01 35 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 Lump Sum prices shown in the attached BID FORM. Total Base Bid—Deduct Alt. No. 1 Price $ 344,921.45 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. Agreement 00 52 23-3 City Hall Fire Detection and Alarm System#E14013 REV 03-23-2015 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. 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; Agreement 00 52 23-4 City Hall Fire Detection and Alarm System#E14013 REV 03-23-2015 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 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. Agreement 00 52 23-5 City Hall Fire Detection and Alarm System#E14013 REV 03-23-2015 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 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 01 00 TABLE OF CONTENTS. 2. Drawings listed in Section 00 01 15"List of Drawings"for"City Hall Fire Detection and Alarm System". 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. b. List as necessary. 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 Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY for the City. Agreement 00 52 23-6 City Hall Fire Detection and Alarm System#E14013 REV 03-23-2015 ATTESTf2L .F '0 PU C, ' STI C�C.C. /\- k\ 4 - , - ....„AAA_. ....... City Secretary J. . Edmonds, P.E. Director of Capital Programs APPROVED AS TO LEGAL FORM r\-1111Y— sst. AU I IJ Lt. City Attorney a COUNCIL,.._,__......1. ATTEST(IF CORPORATION) CO ' ,CTOR TB• , • mercial Construction LLC (Seal Below) B"I 4i Note: Attach copy of authorization to sign if 1 Person signing for Contractor is not President, Ti' e: , ' rtziti Vice President, Chief Executive Officer, or Chief Financial Officer P.O. Box 214 Address Portland,TX 78374 City St Zip 361/643-9542 Phone bobbvir@txbest.net EMail END OF SECTION Agreement 00 52 23-7 City Hall Fire Detection and Alarm System#E14013 REV03-23-2015 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal is submitted by TRC Commercial ConNtrucuon,LLC (type or print name of company)on:Wednesday,June 3"12015 for Project#E14013—City Hall Fire Detection and Alarm System. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at https://www.civcastusa.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check,please send to: The City of Corpus Christi,Texas City Secretary's Office—1st Floor City Hall 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—City Hall Fire Detection and Alarm System,Project No. E14013 All envelopes and packages(including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. 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,including 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 fo lowi,g Addenda: Addendum No. Addendum Date ►i nature Acknowledging Receipt 5/29/2015 Bid Acknowledgement Form 00 30 00-1 City Hall Fire Detection and Alarm System 44E14013 REV 03-10-2015 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. 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 Bid Acknowledgement Form 00 30 00-2 City Hall Fire Detection and Alarm System#E14013 REV03-10-2015 all 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. 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 for: Lump Sum Bid Price $ 400 O , ' 45 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the greatest amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner 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 or value,and whether the Bidder has met the minimum specific project experience requirements,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 any 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,including information submitted per SECTION 0045 16 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 Acknowledgement Form 00 30 00-3 City Hall Fire Detection and Alarm System#E14013 REV 03-10-2015 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within one hundred and eighty(180)days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within two hundred and ten(210)days after the date when the Contract Times commence to run. 6.02 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. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 In compliance with the Bid Requirements in SECTION 0011 16 INVITATION TO BID,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. Bid Form. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. F. SECTION 00 30 05 DISCLOSURE OF INTEREST. G. 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. Bid Acknowledgement Form 00 30 00-4 City Hall Fire Detection and Alarm System#E14013 REV O3.10•2015 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 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. . itted by: Bidder: 1 It 'omniercial Construction, ' (typedLLC or printed full legal name of Bidder) By: ( t1 (individual's signature) Name: Robert 1.McCoy 11 (typed or printed) Title: Vice President (typed or printed) Attest: 4.' 'k.A. -----1 (individual's signature) State of Residency: Texas Federal Tax Id. No. 45-2661808 Address for giving notices: PO Box 214 Portland,TX 78374 Phone: (361)643-9542 Email: bobbyjroptxbcst.net (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.) Bid Acknowledgement Form 00 30 00-5 City Hall Fire Detection and Alarm System 4E14013 REV03-10-2015 END OF SECTION • • Bid Acknowledgement Form 00 30 00-6 City Hall Fire Detection and Alarm System#E14013 REV 03-10-2015 00 30 01 BID FORM 00 30 01 BID FORM Project Name: City Hall Fire Detection and Alarm System Project Number: E14013 Owner: City of Corpus Christi Bidder: TBC Commercial Construction,LLC OAR: 1.H. Edmonds, P.E. Designer: NRG Engineering Basis of Bid ESTIMATED EXTENDED Item DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT Base Bid Part A•General(per SECTION 0129.01 MEASUREMENT ANO BASIS FOR PAYMENT) Al Mobilization $ - $ 18,000.O0- A2 Submittals $ - $ 8,000.00- A3 Materials $ - $168,600.00- A4 Labor $ - 5184,863.58- A5 Fire Watch $ - $ 10,707.87- A6 Testing S - $ 10,000.00- SUBTOTAL PART A-GENERAL(Items Al thru A6) $400,171.45- Part 400,171.45-Part B-DEDUCTIVE ALTERNATE NO. 1(per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) B1 DEDUCTIVE ALTERNATE 1 $ - S 55,250.00 - SUBTOTAL PART B-DEDUCTIVE ALTERNATE NO. 1(81) $55,250.00 - Part C-ADDITIVE ALTERNATE NO.2(per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) Cl ADD ALTERNATE 2 $ - S N/A - SUBTOTAL PART C-ADDITIVE ALTERNATE NO.2(C1) S N/A - BID SUMMARY 'SUBTOTAL PART A-GENERAL(Item A1) I $ 18,000.00 _I TOTAL PROJECT BASE BID(PART A) $ 400,171.45 - TOTAL PROJECT DEDUCTIVE ALTERNATE NO. 1 (PART B) $ 55,250.00 TOTAL PROJECT ADDITIVE ALTERNATE NO. 2 (PART C) $ N/A - Contract Times Bidder agrees to reach Substantial Completion in 120 days Bidder agrees to reach Final Completion in 180 days Bid Form Page l of l City Hall Fire Detection and Alarm System#E14013 REV E0-14.2014 00 30 02 COMPLIANCE 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 principal 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 In 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 t formation provided in the State of Texas Comptroller's annual publication of other states' laws on cont acts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: T t •mmercial Construction,LLC (typed or printed) By: (signature--attach evidence of authority to sign) Name: R•pert A McCoy II (typed or printed) Title: Vic 'resident Business address: PO Box 214 Portland,TX 78374 Phone: (361) 643-9542 Email: bobbyjr@txhest.net END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 City Hall Fire Detection and Alarm System#E14013 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 questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(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 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, 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. TBC Commercial Construction, LLC J (- Check this 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.) Name of local government officer with whom filer has employment or business relationship. NA 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 CIQ 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? Yes X 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? Yes X 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? Yes X No D. Describe -.• employment or business relationship with the local government officer named in this section. J 6/1/2015 Signature .- on doing business with the governmental entity Date Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CI IY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI corpus DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: TBC Commercial Construction,LLC P.O.BOX: POBox 214 STREET ADDRESS: 1025 US HWY 181 CITY: Portland ZIP: 78374 - FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner 0 4. Association • 5. Other. Limited Liability Company DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." NA Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title NA 3. State the names of each"board member" of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee NA 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 NA 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)] 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 a 'nfonnation requested: and that supplemental statements will be promptly submitted to the City of C.. - Christi,Texas as changes occur. Certifying Person: Robert A. Mg( y I1 'Title: VVice President (Type or Print) C" Signature of Certifying moo' Date: 6/1/2015 Person: , 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. 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: City Hall Fire Detection and Alarm System Project Number E14013 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 official of the Owner concerning exc - ge of money or other thing of value for special consideration in the letting of a contract. Company Name: T' I Commercial Construction, LLC (typed or printed) By: i'► (signature--attach evidence of authority to sign) Name: oie A. McCoy 1I (typed or printed) Title: Vice President Business address: PO Box 214 Portland,TX 78374 Phone: (361) 643-9542 Email: bobbyjr@txbest.net END OF SECTION Non-Collusion Certification 00 30 06-1 City Hall Fire Detection and Alarm System#E14013 11-25-2013 00 6116 PAYMENT BOND BOND NO, CA 4045999 Contractor as Principal Surety Great American Insurance Company Name: TBC Commercial Construction.LLC Name: Great American Insurance Company of New York Mailing address(principal place of business): Mailing address(principal place of business): P.O.Box 214 301 E. Fourth Street Portland.TX 78374 Cincinnati, OH 45202 Physical address(principal place of business): Owner 301 E. Fourth Street Cincinnati, OH 45202 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: Corpus Christi,Texas 78469 Ohio/New York 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): 8E14013 City Hall Fire Protection and Alarm 512-657-9006 System Telephone(for notice of claim): 513-369-5000 Local Agent for Surety Name: IBTX Risk Services Address: 10101 Reunion Place Suite 100 Award Date of the Contract: September 8.2015 San Antonio,TX 78216 Contract Price: 5344.921.45 Bond $344,921.45 Telephone: 210-697-2230 Email Address: breeh@ib tx.com Date of Bond: September 14,2015 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept.of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 Proj#E14013 City Hall Fire Protection and Alarm System 7-8-2014 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 * - .ter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determ o n accordance with the provisions of said Chapter to the same extent as if it were copied at length . Venue shall lie exclusively in Nueces County, Texas for a;� legal action. Contractor y. I Surety /1_ Signature: (el Signature: 1, i A ,...4 / Name: �� - :' Name: Betty J. Re:/ Title: i re.si, Title: Attorney in Fact Email Address: 1610b1,1k Q tkie,\,�,t1- Email Address: breeh@ib-tx.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 Proj*E14013 City Hall Fire Protection and Alarm System 7-8-2014 00 6113 PERFORMANCE BOND BOND NO. CA 4045999 Contractor as Principal Surety Great American Insurance Company Name: TBC Commercial Construction.LLC Name: Great American Insurance Company of New York Mailing address(principal place of business): Mailing address(principal place of business): P.O.Box 214 301 E. Fourth Street Portland.TX 78374 Cincinnati, OH 45202 Physical address(principal place of business): Owner 301 E. Fourth Street Cincinnati, OH 45202 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: Corpus Christi,Texas 78469 Ohio/New York 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): #14013 City Hall Fire Protection and Alarm System 512-657-9006 Telephone(for notice of claim): 513-369-5000 Local Agent for Surety Name: IBTX Risk Services Award Date of the Contract: September 8.2015 Address: 10101 Reunion Place Suite 100 San Antonio,TX 78216 Contract Price: $344.921.45 Bond $344,921.45 Telephone: 210-697-2230 Email Address: breeh@ib-tx.com Date of Bond: September 14,2015 The address of the surety company to which any notice of claim should be sent may be obtained (Dote of Bond cannot be earlier than Award Dote from the Texas Dept.of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 6113-1 Proj E14013 City Hall Fire Protection and Alarm System 7-8-2014 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 amende. • all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to ,me extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Te • • any legal action. / Contractor a rincipai Surety t / Signature: ,,� t, Signature: \10._....„..„‘� , i / Name: .\ r,_v" • IL Name: Bett J.i eeh IIIP I Title: .L. • Title: Attorney in Fact Email Address: b0 1•3,c�b s�.�.r-� Email Address: breeh@ib-tx.com (Attach Power of Attorney and place surety seal below) II END OF SECTION Performance Bond 00 61 13-2 Proj E14013 City Hall Fire Protection and Alarm System 7-8-2014 GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office:301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SIX No.0 14902 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK,a corporation organized and existing under and by virtue of the laws of the State of New York,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power BRYAN K.MOORE CLARK FRESHER ALL OF ALL PAT J.MOORE BETTY J.REEH SAN ANTONIO, $100,000,000.00 GARY W.WHEATLEY MICHAEL D.HENDRICKSON TEXAS This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF,the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 23RD day of MARCH , 2015 , Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK ,60,14,71 SEALI Lea (6,Ade � Assistant Secretary Divisional Senior Vice President DAVID C.KITCHIN(877-377-2405) STATE OF OHIO,COUNTY OF HAMILTON-ss: On this 23RD day of MARCH , 2015 ,before me personally appeared DAVID C.KITCHIN,to me known, being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York,the Company described in and which executed the above instrument; that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. JENNIFER MARE RIPPY Wary Pubic,Staled Ohio D14 4"Ali Iff 0/Carimisslon Bons Am 20,2010 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated May 14,2009. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisional Assistant Vice Presidents,or any one of them,be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER:That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking,contract of suretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company of New York,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 have not been revoked and are now in full force and effect. Signed and sealed this i4 day of i) X16 43.2271. e 3 Assistant Secretary S1185K(01/15) • GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SIX No.0 14902 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power BRYAN K.MOORE CLARK FRESHER ALL OF ALL PAT J.MOORE BETTY J.REEH SAN ANTONIO, $100,000,000.00 GARY W.WHEATLEY MICHAEL D.HENDRICKSON TEXAS This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22ND day of JUNE 2015 . Attest GREAT AMERICAN INSURANCE COMPANY V \II ! 4c. e 3 Zi,,,,ie x444 .,...:........, • „.._,... Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(677-377-2405) On this 22ND day of JUNE , 2015 , before me personally appeared DAVID C. KITCHIN, to me known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. 411 At �- =� W Wry Rik ebbdala ,2a„t. /� 4, .,..z This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorred,from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking,contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors ofJJune ,2008 have not been revoked and arenowinnfull force and effect. Signed and sealed this /Li day of "w"6e' Z-Of • ,../ ,1 4(._ e 3 Jlt • Assistant Secretary �~ S1029AF(06/15) GREAT AMERICAN INSURANCE COMPANY GREAT AMERICAN INSURANCE COMPANY OF NEW YORK IMPORTANT NOTICE: To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 FAX# 1-512-475-1771 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address; Mailing Address: Great American Insurance Company 580 Walnut Street Cincinnati, OH 45202 You may also contact the Great American Insurance Company Claim Office by telephone at: Telephone Number: (513) 369-5000 -------^ Policy Number: Date Entered. 9/14/2015 ACORL ' CERTIFICATE OF LIABILITY INSURANCE DATE Ih1 h1 DD YYYYI `'� 9/14/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS 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 CONTACT Don Rhew INSURANCE SERVICES NAME: ._. PHONE ._—. P. 0. BOX 1088 _fA_tSr,_N,9,E5II (361)643-3855 FAX (361)643-3656 _. E-MAIL PORTLAND, TX 78374 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL 3 INSURER A:COLONY INSURANCE COMPANY 39993 INSURED TBC COMMERCIAL CONSTRUCTION, LLC. PROGRESSIVE COUNTY MUTUAL _. - - ---- INSURER 8: 20903 Mr. BOBBY MCCOY INSURERC;ST PAUL SURPLUS LINES INSURANCE 30481 TEXAS MUTUAL INSURANCE COMPANY ---"'" P. 0. BOX 214 INSURER D: 22945 1025 US HWY 181 INSURER E:COLUMBIA CASUALTY INSURANCE CO 31127 PORTLAND, TX 78374 — INSURER F;TRAVELERS CASUALTY & SURETY 19038 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ,AODC SUBRT POLICY EFF POLICY EXP ` LTR TYPE OF INSURANCE INSO WVO' POLICY NUMBER IMMIOD/YYYY j 1(MMfDDlYYYY) LIMITS AX COMMERCIAL GENERAL LIABILITY j EACH OCCURRENCE S 1,000,000 1CLAIMS-MADE ><OCCUR I 103GL0001994-01 102/01/2015 02/01/2016 YpREM SES(EaoccuErmnce) S 300,000 __- -- / MED EXP(Any one person) 5 5,000 1--' PERSONAL B ADV INJURY 5 1,000,000 GEN_AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 —1 POLICY X JER T 1 LOC PRODUCTS-COMP/OP AGG 52,000,000 OTHER / $ _— _., AUTOMOBILE LIABILITY V/ i COMBINED SINGLE LIMIT I (Ea acddent) S1,000,000 _ B I ANY AUTO .08318404-6 15/17/2015 1/15/20j5 BODILYINJURV(Perperaon) S ALL OWNED SCHEDULED JJ BODILY INJURY(Per S AUTOS AUTOS > I !NON-OWNED I tPROPERTV DAMAGE HIRED AUTOS i AUTOS Per accident) �S II { S C UMBRELLA LIAR /� OCCUR EACH OCCURRENCE S 10,000,000 EXCESSLIAB CLAIMS-MADE ZUP-15R49259-13-NF 02/01/2015 02/01/2016 AGGREGATE 1,510,000,000 CEO X RETENTION S10,000 VIS V WORKERS COMPENSATION / > I PER I I DTH- I AND EMPLOYERS'LIABILITY Y Y l N "CCI STATUTE l (ER ANY PROPRIETOR/PARTNER/EXECUTIVE N^'.'N/A TS F0001222516 1,000,000 D I OFFICER/MEMBER EXCLUDED 03/29/2015 03/29/2016 E.L.EACH ACCIDENT ,5 (Mandatory In NH) ---- i / E.L.DISEASE-EA EMPLOYEE 5 1,000,000 If yes describe under V ----1----- DESCRIPTION OF OPERATIONS bclo.: 1 E L.DISEASE-POLICY LIMIT .5 1,000,000 E 'PROFESSIONAL CBP591871521 02/21.2015 03/21/2016 PER' OCCURANCE 2,000,000 E ' POLLUTION CSB591871535 02/21/2015 03/21/2016 'PER LOSS 3,000,000 F COMMERCIAL CRIME 106345047 207/28/2015 07/28/2016 PER LOSS 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) GENERAL CONTRACTOR--The Commercial General Liability policy includes a blanket automatic additional insured provision that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status and is primary. The Commercial General Liability Policy and the Workers Compensation policy includes a blanket waiver of subrogation endorsement if it is required by written contract. AWARD E 14013 CITY HALL FIRE PROTECTION AND ALARM SYSTEM CERTIFICATE HOLDER CANCELLATION — CITY OF CORPUS CHRISTI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1201 LEOPARD STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CORPUS CHRISTI, TX 78401 AUTHORIZED REPRESENTATIVE i' DON RHEW ©1 8-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Produced usv+g Forms Boss Plus software www FormsBoss,Com,Impress,ve Pubhshmg 800-208-1977 g/t"`' ,� �/" � 103 GL 0001994-01 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement muddies insurance provided under the following COMMERCIAL. GENERAL LIABILI TY COVERAGE f-'Ai1I SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Descrt• on Of Completed Operations All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured insured • Information required to complete this Schedule,if not shown above will be shown in the Declarations 1 Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"properly dam- age" caused. in whole or in part by your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard" CG 20 37 07 04 ©ISO Properties, Inc, 2004 Page 1 of 1 61 WM/ 103 GL 0001994-01 /row COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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 Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations All persons or organizations as required by written contract 1 As designated in written contract with the Named with the Named Insured Insured Information required to complete tnis Schedule, if not shown above.will shown in the Declarations A. Section II—Who Is An Insureds amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds the following additional exclu- organization(s) shown in the Schedule but only sions apply with respect to liability for"bodily injury" "property This insurance dues not apply to"bodily +ryury' or damage" or "personal and advertising injury" "property damage"occurring after caused, in whole or in part, by 1. All work, including matenals, parts or equip- 1. Your acts or omissions.or merit furnished in connection with such work 2. The acts or omissions of those acting on your on the project (other than service maintenance behalf, or repairs) to be performed by or on behalf of in the performance of your ongoing operations tor the additional nsured(s) at the location of the the additional insured(s) at the location(s)desig• covered operations has been completed or nated above 2. That portion of 'your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project CC 20 10 07 04 C ISO Properties Inc, 2004 Page 1 of 1 • 1i [f�(001 103 GL 0001994-01 V)�`'tL e.) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage resulting from your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard"if a. you agreed to such waiver, b. the waiver is included as part of a written contract or lease. and c. such written contract or lease was executed prior to any loss to which this insurance applies ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED U047-0310 Includes copyrighted material of ISO Properties. Inc Page I of 1 with its permission i , �1�\�P�/ 103 GL 0001994-01 \)\ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Oc CANCELLATION This endorsement modifies insurance provided under the following OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EXCESS LIABILITY POLICY FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART Paragraph A. 2. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced by the following 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least. a. 10 days before the effective date of cancellation if we cancel for one or more of the follow- ing reasons (1) nonpayment of premium or failure to pay a premium when due. (2) conviction of an insured of a crime arising out of acts increasing the hazard insured against, (3) violation of any local fire, health, safety. building or construction regulation or ordinance which increases the hazard insured against under the policy, (4) any willful or reckless act or omission by an insured increasing the hazard insured against, (5) omission or concealment of fact relating to an insurance application, rating, claim or coverage under this policy, (6) failure or refusal of an insured to (a) provide information necessary to confirm exposure or determine the policy premium, or (b) comply with underwriting requirements, (7) a substantial change in the risk covered by the policy, (8) loss of reinsurance or substantial decrease in reinsurance (9) the cancellation is for all insureds under such policies for a given class of insureds, or (10)any reason determined by the insurance commissioner b. 30 days before the effective date of cancellation if we cancel for any other reason ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED U 173AS-0708 Includes copyrighted material of Insurance Services Office, Inc . Page 1 of 1 with its permission Progressive RDT 3 9/30/2015 8:55:49 AM PACE 2/00? Fax Server PROGRESSIVE INSURANti SERVICES PO BOX 1088 I(y1AN0,iX!8314 I 61 fia1.3854 Policy number. 01318e04-6 Underamnea by Pmgressrw County Nw:.ial its Co 5epletnbet 30 2015 age 1 or 1 Certificate of Insurance tMtAra,Odder hawed Additional Insured TBC COMMERCIAL CONST LIC INSURANCE SERVICES CITY OF CORPUS CHRIS!! PO alt 214 PO 80x 1088 1201 LEOPAROST PORTLAND,TX 78374 PORTLAND,TX 18374 CORPUS CuRlST,Tx 78401 This document certifies that insurance posh res identified below have been issued by the designated insurer to the insured named above for the period(s)indicated this Certificate is issued for information purposes only It confect no rights upon the cernhcate holder and does not change,alter,modify,or extend the coverages afforded by the polic ec fisted below The coverages afforded by the policies listed below are subject to all the terms,exclusions,imitations,endorsements,and conditions of these policies Poiry Effective Date May 1 7,7015 Poky Expiation Date Nov 17,2015 Iewrann covwrag(s) Uets Bod,ty inprry/Paper1y Damage 11,000,000 Combined Single Limit Any Auto Icxtiry inpury/Pioperty thinwge $ ,000,000(ombined single tuna Description of Location/Vehicles/Special Items Scheduled autos only We will endeavor to provide 30 days notice of cancellation to the certificate holde,but larture to de so shad impose no obligation or liability of any kind upon the insurer,its agents or representatives Certificate number 1:l { 1lt Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. term 5141 1 i30 J! Progressive RDT1 9/30/2015 9:03!05 AM PAGE 2/002 Fax Server PROOREfS/Uf Additional Insured Endorsement Name of Person or Organization City of Corpus Chnstr 1201 Leopard St Corpus Christi,TX 78401 The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy but this Insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. limit of liability Bodily Injury each person/ each accident Property Damage each accident Combined Liability$1.000.000 each accident All other terms,limits and provisions of this policy remain unchanged. V This endorsement applies to Policy Number. 083 t8404-6 Issued to(Name of Insured). TBC COMMERCIAL CONST. LLC Fffective date of endorsement 09/30/2015 Policy expiration date: 11/17/2015 Form 1198101/04) Progressive MDT! 9/30/2015 8: 9:37 AM PACE ./0i -ax Servnr PflOGROVVE WAIVER or SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: Business Auto Coverage Form Motor Truck Cargo Legal Liability Coverage Form Commercial General Liability Coverage Form We agree to waive any and all subrogation clams against the person or organization designated below except for losses that are due in whole or part to the negligence or errors and omissions of the designated person or organization. City of Corpus Christi 1201 leopard St Corpus Christi,TX 78401 I This endorsement applies to Policy Number 08318404-6 Issued to:TBC COMMERCIAL CONST LLC Endorsement Effective: 09/30/2015 Expiration:11/17/2015 All other terms,limits and provisions of this policy remain unchanged. rem+soon ios/a91 FAX TRANSMITTAL 1 - 800-229- 1 590 Data Time A en Name /7,4A.ie 40 Return Fax d J tF 3Lo.sCo •ent Code .5-1 9 Agent Phone a 364. y 3 - -VSs-s Qal 0- ra- Lesjiz Per j2 raouz a QD. Pollc Number 8za ! 8 d7 c{ - Insured Name -7-8C. co," �c'/ C�vsr' v+t ri p.,.s, L c C Number of Pa,es (Includin• Cover Sheet) What is being faxed? (Check applicable box) O Customer Service Requested Fax. P&C O New Business Documentation (Proof of Prior Insurance, Homeownership, etc.) is Endorsement Request O Response to Proflressive Memo O Cancel Request O Other Notes C r"7rr� A�� 7;1/45 ..ailTf-,; .v/dez o� .Sii�3.�v b.a. .OBJ leo( �err P.•.r-D S r 7v0yr,uY NorraF 417 PoS N t'sT, Tic 7 5 441121� POGRES.F UE ' Not Khat you'd expect from an Insurance company AUTO • RlOTORCYCLL • tIJATLILC11AIT • RV • CU(17MEUCIAL AUTO For 24 Hour Policy Sorvlce call 1.877,776.2436 or visit us online at Forq For 24 Hour Progressiva Claims Service, call I.8CQ•PROGRESSI9VntsOnfy.com VE •1 c-;' eIxIa.sIvEu'tuWORKE LIA'BOI YP INSURANCE POLCYLOYERS Insurance Company WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3 A of the Information Page We have the nght to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule The premium for this endorsement is shown in the Schedule Schedule 1 ( ) Specific Waiver Name of person or organization i X ) Blanket Waiver Any person or Organization for whom the Named Insured has agreed by written contract to furnish this waiver 2. Operations' ALL TEXAS OPERATIONS 3 Premium The premium charge for this endorsement shall be 2yQQ_ percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)ansing out of the operatiort described 4 Advance Premium INCLUDED, SEE INFORMATION PAGE . This endorsement changes the policy to which d is attached eitecb+e on the inception Cate of the policy unless a different date is ma catec r (The following'attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy 1 This endorsement.effective on at 1201 A M standard time,forms a pan of Policy No TSF-0001222516 20140329 ulthe Texas Mutual Insurance Company Issued to TBC COMMERCIAL CONSTRUCTION LLC Endorsement No. Premium$ l�(// f', Authorized Representative WC420304A(ED. 1-01-20001 AGENT 'S COPY AxFLORES 4-04-2014