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HomeMy WebLinkAboutC2018-350 - 3/27/2018 - Approved • • 2018-350 3/27/18 Ord. 031402 Cordova Construction Company 00 52 23 AGREEMENT This Agreement,for the Project awarded on March 27,2018, is between the City of Corpus Christi (Owner)and Cordova Construction Company Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete ah Work as specified or indicated in the Contract Documents. The Work is generally described as: American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades ReBid Project Number E15191 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV,Inc. 801 Navigation,Suite 300 Corpus Christi,Texas 78408 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Road,Bldg.5 Corpus Christi,Texas,78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 240 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 270 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 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 Agreement 00 52 23-1 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades ReBid Project Number E15191 Rev06-22-2016 INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF AMERICAN BANK CENTER & EXHIBITION HALL & CONVENTION CENTER RESTROOMS & UPGRADES (REBID) PROJECT NUMBER E15191 City Of Corpus Christi F.M.A.C. LNV engineers I architects I surveyors ���ED AAc. 801 Navigation, Suite 300 Corpus Christi, Texas 78408 (361)883-1984 73929 y P r� oF1'('-+ Record Drawing Number PBG-829 Date:02-94-17 000100 TABLE OF CONTENTS Division/ Section Title Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev O1-13-2016) 00 30 00 Bid Acknowledgment Form (Rev 01-13-2016) 00 30 01 Bid Form (Rev 01-13-2016)(Excel) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest (Revo1-13-2016) 00 30 06 Non-Collusion Certification (Rev 11-25-2013) 00 45 16 Statement of Experience(Rev 06-22-2016) 0052 23 Agreement(Rev 06-22-2016) 0061 13 Performance Bond (Revo1-13-2016) 0061 16 Payment Bond (Rev 01-13-2016) 00 72 00 General Conditions (Rev 3-23-2015)(PDF) 00 72 01 Insurance Requirements (Rev06-22-2016) 00 72 02 Wage Rate Requirements(Rev 06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Rev 01-13-2016) Division 01 General Requirements 011100 Summary of Work(Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 2900 Application for Payment Procedures (Rev03-11-2015) 01 2901 Measurement and Basis for Payment(Revo1-13-2016) 01 31 00 Project Management and Coordination (Rev01-13-2016) 0131 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014)(Excel) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 01 40 00 Quality Management 014216 Definitions Table of Contents 000100- 1 American Bank Center& Exhibition Hall &Convention Center Restrooms& Upgrades Project Number E15191 Rev 06-22-2016 Division/ Title Section 01 42 19 Reference Standards 01 57 00 Temporary Controls 01 60 00 Product Requirements 01 70 00 Execution and Closeout Requirements 01 73 29 Cutting and Patching Part T Technical Specifications 02 42 00 Removal and Salvage of Construction Materials 06 10 53 Miscellaneous Carpentry 06 11 40 Wood Blocking 07 21 16 Blanket Insulation 07 90 00 Joint Protection 08 12 13 Hollow Metal Frames 09 21 16 Gypsum Board Assemblies 09 28 16 Glass-Mat faced Gypsum Backing Boards 09 30 00 Tiling 09 91 00 Painting 10 14 67 Tactile Signage 10 21 13 Toilet Compartments 10 26 13 Corner Guards 10 28 13 Toilet Accessories Appendix Title 1 Permitting Information END OF SECTION Table of Contents 000100-2 American Bank Center& Exhibition Hall &Convention Center Restrooms& Upgrades Project Number E15191 Rev 06-22-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1— DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: AMERICAN BANK CENTER & EXHIBITION HALL&CONVENTION CENTER RESTROOMS UPGRADES Owner's Prosect Identification No. E15191 A. The major purpose of this project is to correct certain moisture intrusion/damage as well as long wear and tear; restore finishes; provide maintenance of worn/damaged and outdated fixtures/elements and provide updated accessibility to the facility. The project includes repairing/refurbishing existing facility designated public restrooms including but not limited to,the following: 1. General a. Exterior: Not applicable. b. Interior: 1) Plumbing fixtures&carriers replacement (all Lays, Urinals&Water Closets). 2) Certain plumbing line/riser modification/replacement as required to accommodate certain fixture's lateral or vertical relocation/re-positioning. 3) Replacement of all Toilet Partition compartments. 4) Replacement of all Toilet Room accessories. 5) Replacement of all Flooring tile. 6) Replacement of all Wall tile&the base. 7) Wall tile backing sheathing replacement to include replacement of certain extent of metal wall support studs and base track. 8) Replacement of certain other gyp. bd. sheathing that is not tiled. 9) Replacement of all lighting fixtures with LED fixtures. 10) Salvage& relocation of certain designated solid core doors (lam. plast. cov.)and replacement of HM frames of same. 11) Salvage& relocation of one (1) Baby Changing Station and provision/installation of additional new ones where indicated. Invitation to Bid and Instructions to Bidders 002113- 1 American Bank Center&Exhibition Hall &Convention Center Restrooms& Upgrades Project Number E15191(REBID) Rev 01-13-2016 12) Replacement of all HVAC ceiling grilles/diffusers. 13) Gyp. Bd. closure of certain designated light coves and semi-concealment of others as designated with egg crate lens. 14) Prep &repainting of all ceilings. 15) Provision/installation of new signage. 2. Areas Affected By Work: a. First Level Exhibition Hall: 1) (4) Men's Restrooms; 2) (4)Women's Restrooms; 3) Areas to include plumbing chase ways and immediate circulation space. b. Second Level Meeting/Ballroom Areas: 1) Two(2) Men's Restrooms; 2) Two(2)Women's Restrooms; 3) Areas to include plumbing chase ways and immediate circulation space. 3. Accessibility: a. It is intended that work of this Project comply with State and Federal requirements providing for accessibility to persons with disabilities. Dimensions given for clearances, heights,etc., are critical and must be carefully maintained. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$899,490.00. The Project is to be substantially complete and ready for operation within 240 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. 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— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than Wednesday, 14 February 2018 by 2:00 p.m. to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form,the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. Invitation to Bid and Instructions to Bidders 002113-2 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191(REBID) Rev 01-13-2016 3.04 When 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 -AMERICAN BANK CENTER& EXHIBITION HALL&CONVENTION CENTER RESTROOMS UPGRADES, Project No. E15191 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. 3.05 Bids will be publicly opened and read aloud at Wednesday, 14 February 2018 by 2:00 p.m, at the following location: City Hall Building— City of Corpus Christi First Floor City Council Staff Room or Council Chambers 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4— PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday 06 February 2018 at 9:00 am at the following location: American Bank Center Lobby 1201 Shoreline 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 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. Invitation to Bid and Instructions to Bidders 002113-3 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191(REBID) Rev 01-13-2016 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6— EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents,Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents,Addenda, and the related supplemental data, that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7— INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents,Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. 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. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. Invitation to Bid and Instructions to Bidders 002113-4 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191(REBID) Rev 01-13-2016 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. 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 8— BID SECURITY 8.01 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. 8.02 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. 8.03 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. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Invitation to Bid and Instructions to Bidders 002113-5 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191(REBID) Rev 01-13-2016 Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9— PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. A. Bidders shall provide copies of subcontractors' proposal to be attached with bid packet (Min. Two (2) Subcontractors). 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. Invitation to Bid and Instructions to Bidders 002113-6 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191(REBID) Rev 01-13-2016 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days,thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in association to the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and/or all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. 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 and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. Invitation to Bid and Instructions to Bidders 002113-7 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191(REBID) Rev 01-13-2016 ARTICLE 16—MINORITY/MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE/ DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE/ DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 14 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. Invitation to Bid and Instructions to Bidders 002113-8 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191(REBID) Rev 01-13-2016 ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process,the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will because to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 7. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. Invitation to Bid and Instructions to Bidders 002113-9 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191(REBID) Rev 01-13-2016 D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience,the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources, workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113- 10 American Bank Center& Exhibition Hall &Convention Center Restrooms& Upgrades Project Number E15191 (REBID) Rev 01-13-2016 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 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: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation >3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ■ Required ❑ Not Required Installation Floater Equal to Equipment Price Required if installing city-owned equipment 0 Required ❑ Not Required Insurance Requirements 00 72 01- 1 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191 Rev 06-22-2016 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. 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 endorsements and documentation of applicable self-insured 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 endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the 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 OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements 00 72 01-2 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191 Rev 06-22-2016 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. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should 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; and 4. 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. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. 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; Insurance Requirements 00 72 01-3 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191 Rev 06-22-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 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. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 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. For Projects with a Contract Value that exceeds $5,000,000, 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 Owners Indemnitees as defined in Article 1 of the General Conditions; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's 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 Insurance Requirements 00 72 01-4 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191 Rev 06-22-2016 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. 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: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of 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 policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or 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 equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft;vandalism and malicious mischief, mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements 00 72 01-5 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191 Rev 06-22-2016 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. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage 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. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable Insurance Requirements 00 72 01-6 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191 Rev 06-22-2016 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. 1.06 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 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191 Rev 06-22-2016 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. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact)any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 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. 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: 1. Certificate of coverage("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted 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 Insurance Requirements 00 72 01-8 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191 Rev 06-22-2016 directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends 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. 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; Insurance Requirements 00 72 01-9 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191 Rev 06-22-2016 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on 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 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191 Rev 06-22-2016 009101 ADDENDUM NUMBER 01 American Bank Center& Exhibition Hall& Project: Convention Center Restrooms Upgrades Project Number: Owner: City of Corpus Christi E15191 city Engineer: J.H. Edmonds, P.E. Designer: LNV Addendum Issue No. 01 Specification Section: 009101 Date: February 8,2018 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modificio s or del tions to the Contract Documents described in this Addendum. pro v y: a H. d nds, P. ., irector E ineering Services Na a Date Addendum Items: This addendum addresses the following: Ammend specification sections: 00 2113—Invitation to Bid and Instructions to Bidders This has been updated to reflect location of public bid opening. 00 72 01—Insurance Requirements Removed Builders Risk Requirement Remove and replace specification section in its entirety: 00 72 02—Wage Rate Requirements update values base on 2018 publication ARTICLE 1—MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Addendum No.01 009101-1 American Bank Center&Exhibition Hall&Convention Center Rest rooms Upgrades E15191(REBID) Rev 01.13-2016 1.02 AMEND SPECIFICATIONS(OR TECHNICAL_SPECIFICATIONS) A. SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS-Article 3 1. The location for public bid opening has been changed to City Hall 3'd Floor Engineering Smartboard Room (Attachment A). B. SECTION 00 72 01 INSURANCE REQUIREMENTS 1. The requirement for Builders Risk has been removed (Attachment B). C. SECTION 00 72 02 WAGE RATE REQUIREMENTS: REMOVED: Existing specification in its entirety,based on 2017 values. REPLACED: Updated specification in its entirety,based on 2018 values(Attachment Q. END OF ADDENDUM NO. 01 Addendum No.01 00 9101-2 American Bank Center&Exhibition Hall&Convention Center Restrooms Upgrades E15191(REBID) Rev 01-13-2016 ATTACHMENT A 002113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas(Owner)is requesting Bids for the construction of the following Project: AMERICAN BANK CENTER&EXHIBITION HALL&CONVENTION CENTER RESTROOMS UPGRADES Owner's Proiect Identification No. E15191 A. The major purpose of this project is to correct certain moisture intrusion/damage as well as long wear and tear;restore finishes;provide maintenance of worn/damaged and outdated fixtures/elements and provide updated accessibility to the facility. The project includes repairing/refurbishing existing facility designated public restrooms including but not limited to,the following: 1. General a. Exterior: Not applicable. b. Interior: 1) Plumbing fixtures&carriers replacement(all Lays, Urinals&Water Closets). 2) Certain plumbing line/riser modification/replacement as required to accommodate certain fixture's lateral or vertical relocation/re-positioning. 3) Replacement of all Toilet Partition compartments. 4) Replacement of all Toilet Room accessories. 5) Replacement of all Flooring tile. 6) Replacement of all Wall tile&the base. 7) Wall tile backing sheathing replacement to include replacement of certain extent of metal wall support studs and base track. 8) Replacement of certain other gyp.bd.sheathing that is not tiled. 9) Replacement of all lighting fixtures with LED fixtures. 10) Salvage&relocation of certain designated solid core doors(lam.plast. cov.)and replacement of HM frames of same. 11) Salvage&relocation of one(1)Baby Changing Station and provision/installation of additional new ones where indicated. Invitation to Bid and Instructions to Bidders 00 2113-1 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 Rev01.13.2016 ATTACHMENT A Page 1 OF 10 12) Replacement of all HVAC ceiling grilles/diffusers. 13) Gyp. Bd.closure of certain designated light coves and semi-concealment of others as designated with egg crate lens. 14) Prep&repainting of all ceilings. 15) Provision/installation of new signage. 2. Areas Affected By Work: a. First Level Exhibition Hall: 1) (4)Men's Restrooms; 2) (4)Women's Restrooms; 3) Areas to include plumbing chase ways and immediate circulation space. b. Second Level Meeting/Ballroom Areas: 1) Two(2)Men's Restrooms; 2) Two(2)Women's Restrooms; 3) Areas to include plumbing chase ways and immediate circulation space. 3. Accessibility: a. It is intended that work of this Project comply with State and Federal requirements providing for accessibility to persons with disabilities. Dimensions given for clearances,heights,etc.,are critical and must be carefully maintained. 2.02 The Engineer's Opinion of Probable Construction Cast for the Project is$899,490.00. The Project is to be substantially complete and ready for operation within 240 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. 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— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than Wednesday,14 February 2018 by 2:00 p.mto be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid,electronic or hard copy,by the specified deadline. 3.02 Complete and submit the Bid Form,the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. Invitation to Bid and Instructions to Bidders 002113 -2 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 Rera1.13 016 ATTACHMENT A Page 2 OF 10 3.04 When 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-AMERICAN BANK CENTER&EXHIBITION HALL&CONVENTION CENTER RESTROOMS UPGRADES, Project No. E15191 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. 3.05 Bids will be publicly opened and read aloud at Wednesday, 14 Februa 2018 by 2:00 mm, at the following location: City Hall Building— City of Corpus Christi Third Floor Engineering Smartboard Room 1201 Leopard Street Corpus Christi,Texas 78401 3.05 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday 06 February 2018 at 9:00 am at the following location: American Bank Center Lobby 1201 Shoreline 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 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. Invitation to Bid and Instructions to Bidders 002113-3 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 Rev 01.13 2016 ATTACHMENT Page 3 OF 10 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents,including any Addenda and related supplemental data. B. Become familiar with all federal,state,and local Laws and Regulations that may affect cost, progress,or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents,Addenda,and the related supplemental data. D. Notify the OAR of all conflicts, errors,ambiguities,or discrepancies that the Bidder discovers in the Contract Documents,Addenda,and the related supplemental data. E. Determine that the Contract Documents,Addenda,and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5,that without exception the Bid is premised upon completion of Work required by the Contract Documents,Addenda,and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts, errors,ambiguities,and discrepancies that the Bidder has discovered in the Contract Documents,Addenda,and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder,and that the Contract Documents,Addenda,and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents,Addenda,and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. 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. 7.02 Submit any offer of alternate terms and conditions,or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. DAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents,except as modified by Addenda, may be considered non-responsive. Invitation to Bid and Instructions to Bidders 002113-4 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 Rev 0113-2016 ATTACHMENT A Page 4 OF 10 7.03 Addenda may be issued to clarify,correct,or change the Contract Documents,Addenda or the related supplemental data as deemed advisable by the Owner or Designer. 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 8—BID SECURITY 8.01 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. 8.02 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.C!vCastUSA.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. 8.03 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. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Invitation to Bid and Instructions to Bidders 002113-5 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 ReV01.13-2016 ATTACHMENT A Page 5 OF 10 Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. A. Bidders shall provide copies of subcontractors'proposal to be attached with bid packet (Min.Two(2)Subcontractors). 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name,address,email,and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110,trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded,but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place"confidential"stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential"documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid,and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. Invitation to Bid and Instructions to Bidders 002113-6 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 Rev 0123-2016 ATTACHMENT A Page 6 OF 10 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly,but no later than 3 days,thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may,at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 4516 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid,the Bidder's responsibilities,the Bidder's safety record, the Bidder's indebtedness to Owner,the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors,individuals,or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees,arising out of or in association to the administration,evaluation,or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and/or all Bids,including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adapt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. Invitation to Bid and Instructions to Bidders 002113-7 American Bank Center&Exhibition lull&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 Rev 0113 2016 ATTACHMENT A Page 7 OF 10 ARTICLE 16—MINORITY/MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner,it must be accompanied by the required Bonds and evidence ofinsurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts(1)of the Agreement and attached documents to the Owner within 14 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However,Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a"separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. Invitation to Bid and Instructions to Bidders 002113-8 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 41 RGV01.13.2016 ATTACHMENT A Page B OF 10 ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials,managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process,the City may,in its discretion,reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form ClQwith the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http!//www.cctexas.com/povernment/city-secretm/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract,if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security,with Power of Attorney,submitted as required by Article 7. C. More than one Bid for same Work from an individual,firm,partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference,if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal,State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. Invitation to Bid and Instructions to Bidders 002113-9 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 Rev01-13-2016 ATTACHMENT A Page 9 OF 10 D. Evidence of failure to pay Subcontractors,Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions,alterations of form,additions,qualifications or conditions not called for by Owner,or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid,OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate,through submission of the Statement of Experience,the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources,workforce,equipment or supervision,if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid,which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. 0. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources,workforce,equipment and supervision/supervisory staff;(iii)ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 00 21 13-10 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 Hev01-132016 ATTACHMENT A Page 10 OF 10 ATTACHMENT B 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 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: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal&Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers'Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required N Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required far vertical structures and bridges pRequired . Nat Requiredtll Installation Floater Equal to Equipment Price Required if installing city-owned equipment ® Required ❑ Not Required Insurance Requirements 00 72 01-1 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191 (REBID) ADDENDUM 01 Ftev06-22.2016 ATTACHMENT B Page 1 of 10 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. 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 endorsements and documentation of applicable self-insured 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 endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the 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 OPT for liability arising out of operations under this Contract. L. include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers'compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers'compensation and employer's liability insurance for: 1. Claims under workers'compensation,disability benefits,and other similar employee benefit acts, Obtain workers'compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements 00 72 01-2 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 aev06•2z•2016 ATTACHMENT B Page 2 of 10 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. 2. Claims for damages because of bodily injury,occupational sickness or disease,or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers'Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation(if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should 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;and 4. 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. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care,custody,or control of Contractor. 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; Insurance Requirements 00 72 01-3 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191 (REBID) ADDENDUM 01 Rcv06.222016 ATTACHMENT B Page 3 of 10 f) Any loss at the Site; g) Any loss while in storage,both on and off the Site;and h) Any loss to temporary Project Works if their value is included in the Contract Price. 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. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. S. Underground explosion and collapse coverage. 6. Personal injury coverage. 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. For Projects with a Contract Value that exceeds$5,000,000, 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 Owners Indemnitees as defined in Article 1 of the General Conditions;and 4. Provide primary coverage for all claims covered by the policies,including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's 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 Insurance Requirements 00 72 01-4 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191 (REBID) ADDENDUM 01 Rev06.22.2016 ATTACHMENT B Page 4 of 10 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. 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: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor,Owner,and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor,Supplier,anyone directly or indirectly employed or retained by any of 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 policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT,Contractor,and all Subcontractors,and any other individuals or 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 equipment in transit,and insures against at least the following perils or causes of loss: fire; lightning;windstorm;riot;civil commotion;terrorism;vehicle impact;aircraft; smoke;theft;vandalism and malicious mischief; mechanical breakdown,boiler explosion, and artificially generated electric current;earthquake;volcanic activity, and other earth movement;flood;collapse;explosion;debris removal;demolition occasioned by enforcement of Laws and Regulations;water damage(other than that caused by flood);and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown,boiler explosion,and artificially generated electric current;earthquake;volcanic activity,and other earth movement;or flood,are not commercially available under builder's risk,by Insurance Requirements 00 72 01-5 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 Rev 06 222616 ATTACHMENT B Page 5 of 10 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. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design,or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage 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. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT,named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable Insurance Requirements 007201.6 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 Rev 06-22-2016 ATTACHMENT B Page 6 of 10 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. 1.05 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 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191 ADDENDUM 01 Rev06-22'2016 ATTACHMENT B Page 7 of 10 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. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements,and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out(redact)any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 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. 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: 1. Certificate of coverage("certificate") -A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83,or TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted 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 Insurance Requirements 00 72 01-8 American Bank Center&Exhibition Hail&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 Rev06-22.2016 ATTACHMENT B Page 8 of 10 directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors,leasing companies,motor carriers,owner-operators,employees of any such entity,or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation,providing,hauling, or delivering equipment or materials,or providing labor,transportation, or other service related to a project. "Services"does not include activities unrelated to the Project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 13. 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. 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; Insurance Requirements 00 72 01-9 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 Revo6-22-2016 ATTACHMENT B Page 9 of 10 2. Provide to the Contractor,prior to that person beginning Work on the Project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts,and provide to the Contractor. a. A certificate of coverage, prior to the other person beginning Work on the Project;and b. A new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 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 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191(REBID) ADDENDUM 01 Rev 06.22.2016 ATTACHMENT B Page 10 of 10 ATTACHMENT C 00 72 02 WAGE RATE REQUIREMENTS ARTICLE 1—PREVAILING WAGE RATE REQUIREMENTS 1.01 PAYMENT OF PREVAILING WAGE RATES A. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established by the Owner as required by Texas Government Code Chapter 2258. B. Contractor is required to pay Davis-Bacon Wage Rates. 1.02 RECORDS A. In accordance with Tex.Gov't Code§2258.024,the Contractor and its Subcontractors,if any,shall keep a record showing: 1. The name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the Work;and 2. The actual per diem wages paid to each worker. B. The record shall be open at all reasonable hours to inspection by the officers and agents of the Owner. 1.03 LIABILITY; PENALTY; CRIMINAL OFFENSE A. Tex.Gov't Code §2258.003—Liability: An officer,agent,or employee of the Owner is not liable in a civil action for any act or omission implementing or enforcing Chapter 2258 unless the action was made in bad faith. B. Tex.Gov't Code §2258.053(b)—Penalty: Any Contractor or Subcontractor who violates the requirements of Chapter 2258,shall pay to the Owner,on whose behalf the Contract is made,$60 for each worker employed or each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. C. Tex.Gov't Code§2258.058—Criminal Offense: 1. An officer, agent,or representative of the Owner commits an offense if the person willfully violates or does not comply with a provision of Chapter 2258. 2. Any Contractor or Subcontractor,or an agent or representative of the Contractor or Subcontractor,commits an offense if the person violates Tex.Gov't Code§2258.024. 3. An offense is punishable by: a. A fine not to exceed$500; b. Confinement in jail for a term not to exceed 6 months;or c. Both a fine and confinement. 1.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Rate Requirements 00 72 02 . 1 American Bank Center&Exhibition Hall&Convention Center Restrooms&upgrades Project No.E115191(REBID) ADDENDUM 01 REV 06-12-2015 ATTACHMENT C Page 1 of 11 General Decision Number:TX180342 01/05/2018 TX342 Superseded General Decision Number:TX20170342 State:Texas Construction Type: Building Counties:Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS(does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order(EO)13658,an hourly minimum wage of$10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued)on or after January 1, 2015. If this contract is covered by the EO,the contractor must pay all workers in any classification listed on this wage determination at least$10.35 per hour(or the applicable wage rate listed on this wage determination,if it is higher)for all hours spent performing on the contract in calendar year 2018.The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself,but it does not apply to contracts subject only to the Davis- Bacon Related Acts,including those set forth at 29 CFR 5.1(a)(2)-(60).Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 BOIL0074-003 01/01/2017 Rates Fringes BOILERMAKER......................$ 28.00 22.35 Wage Rate Requirements 007202-2 American Bank Center&Exhibition Hail&Convention Center Restrooms&upgrades Project No.E115191(REBID) ADDENDUM 01 REV 06-12-2015 ATTACHMENT C Page 2 of 11 ELECO278-002 08/28/2016 Rates Fringes ELECTRICIAN......................$ 25.20 7.91 ENG10178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1)Tower Crane.............$ 29.00 10.60 (2)Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above.....$28.75 10.60 (3) Hydraulic cranes 59 Tons and under..............$27.50 10.60 * I RO N0084-011 06/01/2017 Rates Fringes IRONWORKER,ORNAMENTAL...........$23.27 7.12 SUTX2014-068 07/21/2014 Rates Fringes BRICKLAYER.......................$20.04 0.00 CARPENTER........................$ 15.21 0.00 Wage Rate Requirements 007202-3 American Bank Center&Exhibition Hall&Convention Center Restrooms&upgrade$ Project No.E115191(REBID) ADDENDUM 01 REV 06-12-2015 ATTACHMENT C Page 3 of 11 CEMENT MASON/CONCRETE FINISHER-4 15.33 0.00 INSULATOR-MECHANICAL (Duct,Pipe&Mechanical System Insulation)...............$ 19.77 7.13 IRONWORKER, REINFORCING..........$ 12.27 0.00 IRONWORKER,STRUCTURAL...........$ 22.16 5.26 LABORER: Common or General......$ 9.68 0.00 LABORER: Mason Tender-Brick...$ 11.36 0.00 LABORER: Mason Tender- Cement/Concrete..................$ 10.58 0.00 LABORER: Pipelayer..............$ 12.49 2.13 LABORER: Roof Tearoff...........$ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 13.93 0.00 OPERATOR: Bulldozer.............$ 18.29 1.31 OPERATOR: Drill.................$ 16.22 0.34 OPERATOR: Forklift..............$ 14.83 0.00 Wage Rate Requirements 007202 -4 American Bank Center&Exhibition Hall&Convention Center Restrooms&upgrades Project No.E115191(REBID) ADDENDUM 01 REV 06-12-2015 ATTACHMENT C Page 4 o111 OPERATOR: Grader/Blade..........$ 13.37 0.00 OPERATOR: Loader................$ 13.55 0.94 OPERATOR: Mechanic..............$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate,and Concrete).........$ 16.03 0.00 OPERATOR: Roller................$ 12.70 0.00 PAINTER(Brush, Roller,and Spray)...........................$ 14.45 0.00 PIPEFITTER.......................$ 25.80 8.55 PLUMBER..........................$ 25.64 8.16 ROOFER...........................$ 13.75 0.00 SHEET METAL WORKER(HVAC Duct Installation Only)...............$22.73 7.52 SHEET METALWORKER, Excludes HVAC Dud Installation...........$21.13 6.53 TILE FINISHER....................$ 11.22 0.00 TILE SETTER......................$ 14.74 0.00 TRUCK DRIVER: Dump Truck........$ 12.39 1.18 TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57 Wage Rate Requirements 007202-5 American Bank Center&Exhibition Hall&Convention Center Restrooms&upgrades Project No.E115191(REBID) ADDENDUM 01 REV 06-12-2015 ATTACHMENT C Page 5 of 11 TRUCK DRIVER: Semi Trailer Truck............................$ 12.50 0.00 TRUCK DRIVER: Water Truck.......$ 12.00 4.11 WELDERS-Receive rate prescribed for craft performing operation to which welding is incidental. Note:Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued)on or after January 1, 2017. 1f this contract is covered by the EO,the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care;to assist a family member(or person who is like family to the employee)who is ill,injured,or has other health-related needs,including preventive care;or for reasons resulting from,or to assist a family member(or person who is like family to the employee)who is a victim of,domestic violence,sexual assault,or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses Wage Rate Requirements 007202 -6 American Bank Center&Exhibition Hall&Convention Center Restrooms&upgrades Project No.E115191(REBID) ADDENDUM 01 REV 06-12-2015 ATTACHMENT C Page 6 of 11 (29CFR 5.5(a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s)of construction in the area covered by the wage determination.The classifications are listed in alphabetical order of"identifiers"that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate(weighted average rate)or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG"denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014.PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification,which in this example would be Plumbers.0198 indicates the local union number or district council number where applicable,i.e., Plumbers Local 0198.The next number, 005 in the example,is an internal number used in processing the wage determination.07/01/2014 is the effective date of the most current negotiated rate,which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement(CBA)governing Wage Rate Requirements 007202-7 American Bank Center&Exhibition Hall&Convention Center Restrooms&upgrades Project No.E115191(REBID) ADDENDUM 01 REV 06-12-2015 ATTACHMENT C Page 7 of 11 this classification and rate. Survey Rate Identifiers Classifications listed under the"SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey,it may include both union and non-union rates. Example:SULA2012-007 5/13/2014.SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana.2012 is the year of survey on which these classifications and rates are based.The next number,007 in the example,is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s)listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications;however, 100%of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate.OH indicates the state.The next number,0010 in the example, is an internal number used in producing the wage determination.08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. Wage Rate Requirements 007202-8 American Bank Center&Exhibition Hall&Convention Center Restrooms&upgrades Project No.E115191(REBID) ADDENDUM 01 REV 06-12-2015 ATTACHMENT C Page 8 of 11 A UAVG rate will be updated once a year,usually in January of each year,to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.)Has there been an initial decision in the matter?This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys,should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory,then the process described in 2.) and 3.)should be followed. With regard to any other matter not yet ripe for the formal process described here,initial contact should be with the Branch of Construction Wage Determinations. Write to: Wage Rate Requirements 007202-9 American Bank Center&Exhibition Hall&Convention Center Restrooms&upgrades Project No.E115191(REBID) ADDENDUM 01 REV 06-12-2015 ATTACHMENT C Page 9 of 11 Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington,DC 20210 2.) If the answer to the question in 1.)is yes,then an interested party(those affected by the action)can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).Write to: Wage and Hour Administrator U.S. Department of labor 200 Constitution Avenue, N.W. Washington,DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information(wage payment data, project description,area practice material, etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable,an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- Wage Rate Requirements 00 72 02-10 American Bank Center&Exhibition Hall&Convention Center Restrooms&upgrades Project No.E115191(REBID) ADDENDUM 01 REV 06-12-2015 ATTACHMENT C Page 10 of 11 END OF GENERAL DECISION B_ END OF SECTION Wage Rate Requirements 00 72 02-11 American Bank Center&Exhibition Hall&Convention Center Restrooms&upgrades Project No.E115191(REBID) ADDENDUM 01 REV 06-12-2015 ATTACHMENT C Page 11 of 11 CVCAST Report Created On:2/14/2018 2:38:13 PM PROJECT: E15191 American Bank Center& Exhibition Hall &Convention Center Restrooms Upgrades(REBID) BIDDER: Cordova Construction Company, Inc. TOTAL BID: $786,210.00 COMPLETION TIME: Not Required BIDDER INFO: 320 E State Hwy 7 Nacogdoches,TX 75961 P: 9365640485 F:(936)560-3313 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 Cordova Construction Company, Inc. (type or print name of company) on:Wednesday, 14 February 2018 by 2:00 p.m.for Project E15191 AMERICAN BANK CENTER& EXHIBITION HALL&CONVENTION CENTER RESTROOMS UPGRADES. Submit Bids, Bid Security, in the form of a cashier's or certified check,and all attachments Hard Copy to: The City of Corpus Christi, Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -AMERICAN BANK CENTER& EXHIBITION HALL&CONVENTION CENTER RESTROOMS UPGRADES, Project No. E15191 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 SECTION 00 2113 INVITATION 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 following Addenda: Addendum No. Addendum Date Signature Ac nowle ging Receipt 1 02/08/2018 NIA NIA Bid Acknowledgement Form 003000-1 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191 Rev 01-13-2016 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 003000-2 American Bank Center& Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191 Rev 01-13-2016 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 at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. 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 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/or 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 00 45 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 003000-3 American Bank Center& Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191 Rev 01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 240 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 270 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 In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,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. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. 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 Farm. 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 003000-4 American Bank Center& Exhibition Hall &Convention Center Restrooms& Upgrades Protect Number E15191 Rev 01-13-2016 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 submitted by: Bidder: Cordova Construction Company, Inc. (typed or printed full legal name of Bidder) By: (individual's signature) Name: Keith Cordova (typed or printed) Title: President (typed or printed) Attest: (individual's signature) State of Residency: Texas Federal Tax Id. No. 75-9366485 Address forgiving notices: Cordova Construction Company, Inc. 320 E State Hwy 7 Nacogdoches, TX 75969 Phone: (936) 564-0485 Email: keith@cordovaconstructioncompany.com (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 003000-5 American Bank Center&Exhibition Hall &Convention Center Restrooms& Upgrades Project Number E15191 Rev 01-13-2016 END OF SECTION Bid Acknowledgement Form 003000-6 American Bank Center&Exhibition Hall &Convention Center Restrooms&Upgrades Project Number E15191 RevOl-13-2016 THE STATE OF TEXAS [ ] COUNTY OF NACOGDOCHES [ ] CORPORATE RESOLUTION OF CORDOVA CONSTRUCTION COMPANY, INC At a special meeting of the Board of Directors of Cordova Construction Company, Inc., a Texas Corporation, held in Nacogdoches, Texas, on the 121h day of February 2018, pursuant to notice duly given of said meeting and its purpose, a quorum being present, the following proceedings were had: "RESOLVED that Robert Keith Cordova, actin in his capacity as duly elected President of Cordova Construction Company, Inc., is hereby authorized to execute a Bid Proposal for Project E15191 AMERICAN BANK CENTER & EXHIBITION HALL& CONVENTION CENTER RESTROOMS UPGRADES. Robert Keith Cordova is further authorized to execute all other necessary papers on Behalf of Cordova Construction Company, Inc., to submit to this bid invitation. We, the undersigned Chairman and Secretary of the Board of Directors of Cordova Construction Company, Inc., certify that the above and foregoing is a true and correct copy of the resolution Unanimously adopted at a special meeting of the Board of Directors of Cordova Construction Company, Inc., and that said resolution is now in force. CORDON b O O. INC By: Robert Keith Cordova, Chairman of the Board ATTEST: SECRETARY:.'� � '"` Report Created On:2/14/2018 2:38:14 PM BID TOTALS BASE BID Total Part A-General $170,729.00 Part B-Existing Conditions $45,550.00 Part C-Plumbing $200,131.00 Part D-FF&E $70,650.00 Part E-Walls $37,750.00 Part F-Thermal&Moisture Protections $13,700.00 Part G-Openings $11,200.00 Part H-Finishes $126,300.00 Part I-Specialties $1,500.00 Part J-Mechanical&Electrical $78,700.00 Part K-Allowances $30,000.00 Total $786,210.00 ALTERNATE 1 Total Part L-Additive Alternate 1 $42,000.00 Total $42,000.00 ALTERNATE 2 Total Part M-Additive Alternate 2 $13,359.00 Total $13,359.00 BASE BID Part A-General No. Description Unit Qty Unit Price Ext Price Al Mobilization(Not to exceed 5%of total LS 1 $12,146.00 $12,146.00 contract price) A2 Contractor Home Office Overhead& LS 1 $75,315.00 $75,315.00 Profit(HOH)(%) A3 Field Office Overhead(FOH)(%) LS 1 $68,105.00 $68,105.00 (Includes Subcontractor Markup) A4 Payment Bond LS 1 $11,330.00 $11,330.00 A5 Performance Bond LS 1 $0.00 $0.00 A6 Permits LS 1 $3,833.00 $3,833.00 (7,"",'C';-"i>' Report Created On:2/14/2098 2:38:14 PM Part A-General No. Description Unit Qty Unit Price Ext Price Sub Total: $170,729.00 Part B-Existing Conditions No. Description Unit Qty Unit Price Ext Price B1 Demolition LS 1 $39,550.00 $39,550.00 B2 Salvage LS 1 $6,000.00 $6,000.00 Sub Total: $45,550.00 Part C-Plumbing No. Description Unit Qty Unit Price Ext Price C1 Water Closets EA 23 $885.00 $20,355.00 C2 ADA Water Closets EA 16 $885.00 $14,160.00 C3 Urinals EA 19 $1,112.00 $21,128.00 C4 Three(3)Lays Units EA 10 $6,634.00 $66,340.00 C5 Two(2)Lays Units EA 6 $4,855.00 $29,130.00 C6 One(1)Lav Units EA 3 $3,006.00 $9,018.00 C7 Replace/relocate Plumbing Lines and LS 1 $40,000.00 $40,000.00 Risers Sub Total: $200,131.00 Part D-FF&E No. Description Unit Qty Unit Price Ext Price D1 Replace Toilet Partitions LS 1 $39,600.00 $39,600.00 D2 Replace Toilet Accessories LS 1 $31,050.00 $31,050.00 Sub Total: $70,650.00 Part E-Walls No. Description Unit Qty Unit Price Ext Price E1 Wall Tile Backing Board Replacement LS 1 $22,250.00 $22,250.00 E2 Gypsum Board Replacement LS 1 $2,500.00 $2,500.00 E3 Light Guage Wall Support Studs and LS 1 $5,500.00 $5,500.00 Base Track E4 Temporary Partitions(reference plans) LS 1 $7,500.00 $7,500.00 Sub Total: $37,750.00 CIVCAST Report Created On:2/14/2018 2:38:14 PM Part F-Thermal&Moisture Protections No. Description Unit Qty Unit Price Ext Price F1 Wall Insulation LS 1 $8,500.00 $8,500.00 F2 Sealant LS 1 $5,200.00 $5,200.00 Sub Total: $13,700.00 Part G-Openings No. Description Unit Qty Unit Price Ext Price G1 Hollow Metal Frames EA 8 $650.00 $5,200.00 G2 Replace Salvaged Solid Core Doors EA 8 $150.00 $1,200.00 Finish Hardware SET 12 $400.00 $4,800.00 n 0 Sub Total: $11,200.00 Part H-Finishes No. Description Unit Qty Unit Price Ext Price H1 Painting LS 1 $11,200.00 $11,200.00 H2 Floor Tile LS 1 $38,700.00 $38,700.00 H3 Wall Tile and Base LS 1 $76,400.00 $76,400.00 Sub Total: $126,300.00 Part I-Specialties No. Description Unit Qty Unit Price Ext Price 11 Signage LS 1 $1,500.00 $1,500.00 12 Fire Extinguisher LS 1 $0.00 $0.00 Sub Total: $1,500.00 Part J-Mechanical&Electrical No. Description Unit Qty Unit Price Ext Price J1 LED 4'Light Strip Fixtures EA 49 $460.00 $22,540.00 J2 LED 4'Light Strip Fixtures w/Battery EA 24 $719.00 $17,256.00 Back-ups J3 LED Pendant Light Fixture EA 18 $667.00 $12,006.00 J4 LED Recessed Light Fixture EA 14 $593.00 $8,302.00 J5 LED 2x4 Lay-In Troffer Light Fixture EA 4 $538.00 $2,152.00 Report Created On:2/14/2018 2:38:14 PM Part J-Mechanical&Electrical No. Description Unit Qty Unit Price Ext Price J6 LED 2x4 Flanged Troffer Light Fixture EA 4 $582.00 $2,328.00 J7 Replace all HVAC ceiling EA 32 $313.00 $10,016.00 Grilles/Diffusers J8 Miscellaneous LS 1 $4,100.00 $4,100.00 Sub Total: $78,700.00 Part K-Allowances No. Description Unit Qty Unit Price Ext Price K1 Project Contengencies LS 1 $30,000.00 $30,000.00 Sub Total: $30,000.00 ALTERNATE 1 Part L-Additive Alternate 1 No. Description Unit Qty Unit Price Ext Price L1 Alternate Construction Hours LS 1 $42,000.00 $42,000.00 Sub Total: $42,000.00 ALTERNATE 2 Part M-Additive Alternate 2 No. Description Unit Qty Unit Price Ext Price M1 Seven Additoinal Construction Days LS 1 $13,359.00 $13,359.00 Sub Total: $13,359.00 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 ❑x Bidder(includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: Cordova Construction Company, Inc. (typed or printed) By: �..- (signature--attach evidence of authority to sign) Name: Keith Cordova (typed or printed) Title: President Business address: Cordova Construction Company Inc. 320 E State Hwy 7 Nacogdoches, TX 75961 Phone: (903) 564-0485 Email: Cordova Construction Company, Inc. END OF SECTION Compliance to State Law on Nonresident Bidders 003002- 1 American Bank Center&Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191 11-25-2013 op 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BYTIT7— PURCHASING DIVISION vr,.wr cmCity of CITY OF CORPUS CHRISTI ti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112,as amended,requires all persons or furls 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: Cordova Construction Company, Inc. P.O.BOX: STREET ADDRESS: 320 E State Hwy 7 CITY: Nacogdoches ZIP: 75961 _ FIRM IS: 1. Corporation ® 2. Partnership 3. Sole Owner El4. Association 5. Other 0 DISCLOSURE(QUESTIONS If additional space is necessatry,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." Name NIA 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 NIA 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 NIA Board,Commission or Committee 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 N/A City of Corpus Christi 00 30 05-1 Disclosure of Interest Revoi•13-2016 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 fled 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 any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Keith Cordova Title: President (Type of mnl) Signature of Certifying � Date: Z 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. City of Corpus Christi 003005-2 Disclosure of Interest Rev 03-13-2016 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: American Bank Center& Exhibition Hall&Convention Center Restrooms& Upgrades Project Number E15191 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 exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: Cordova Construction Company, Inc. (typed or printed) By: (signature--attach evidence of authority to sign) Name: Keith Cordova (typed or printed) Title: President Business address: Cordova Construction CompaDy, Inc. 320 E State Hwy 7 Nacogdoches, TX 75961 Phone: (936) 564-0485 Email: keith@cordovaconstructioncompany.com END OF SECTION Non-Collusion Certification 00 30 06-1 American Bank Center&Exhibition Hall&Convention Center Restrooms&Upgrades Project Number E15191 11-25-2013 A I SureTec Y BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Cordova Construction Company, Inc. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto The City of Corpus Christi, Texas as obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Project E15191 AMERICAN BANK CENTER & EXHIBITION HALL & CONVENTION CENTER RESTROOMS UPGRADES. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect, PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 13th day of February, 2018. Cordova Construction Company, Inc. (Principal) BY; TITLE: SureTec Insurance Company,_ B Y.- J'� uq fv UA_ enise Moreau, Attorney-in-Fact Cordova-SureTec Bid Bond.doc Rev 1.1.06 POA 9, 4221302 SureTec Insurance Company LIMITED POWER OF .ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents snake,constitute and appoint Joe Max Green,Gary L. La Four, Denise Moreau its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments,or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Two Million Five Hundred Thousand and 001100 Dollars($2,500,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/2018 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20,fi of April, 1999,) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to ?sign�edby its President,a is corporate seal to be hereto affixed this 91h day of May A.D. 2017 . SURETEAN C P NY `�uFiANCFc� By: I W l n= John Knox .,7yswormt t State of Texas ss: 7 :, 'Yi County of Harris -�... .. On this 9th day of May ,A.D. 2017 before me personally came John Knox Jr.,to me known,who,being by me ,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. .JACQUELYN GREENLEAF Notary Public,State of Texas Comm,Expires 05-18-2021 ' fl G l , 1F,,, Jacq eyn reeneaoar ",4', Notary Notary Id 12(1983029 �Notary Public My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 47 day of ' i- l A.D. M. Brent Beaty,Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#, 512-475-1771 PREMIUM OR CLAIM DISPUTES; Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ---------------------------------------------------------------------------------------------------------------------------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 Report Created On:2/14/2018 2:38:14 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Billy Cordova 02/13/2018 14:30:15 PM Report Created On:2/14/2018 2:38:14 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E15191 Specifications 1/24/2018 11:00:54 AM Plans E15191 Plans 1/24/2018 11:00:54 AM Other E15191 Bidders Worksheet 1/24/2018 11:00:54 AM Bidders Pre Bid Attendance Roster 2/07/2018 8:41:04 AM Addenda Addendum#1 2/09/2018 4:15:26 PM 00 52 23 AGREEMENT This Agreement, for the Project awarded on March 27,2018, is between the City of Corpus Christi (Owner) and Cordova Construction Company Inc. (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: American Bank Center& Exhibition Hall &Convention Center Restrooms&Upgrades ReBid Project Number E15191 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV, Inc. 801 Navigation,Suite 300 Corpus Christi,Texas 78408 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Road, Bldg.5 Corpus Christi,Texas, 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 240 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 270 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Agreement 005223- 1 American Bank Center& Exhibition Hall&Convention Center Restrooms& Upgrades ReBid Project Number E15191 Rev 06-22-2016 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$1,000.00 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$500.00 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 unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 786,210.00 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 005223-2 American Bank Center& Exhibition Hall&Convention Center Restrooms& Upgrades ReBid Project Number E15191 Rev 06-22-2016 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 5.02.13, 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 005223-3 American Bank Center& Exhibition Hall&Convention Center Restrooms& Upgrades ReBid Project Number E15191 Rev 06-22-2016 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 005223-4 American Bank Center& Exhibition Hall&Convention Center Restrooms& Upgrades ReBid Project Number E15191 Rev 06-22-2016 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 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 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 One original 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 ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-5 American Bank Center& Exhibition Hall&Convention Center Restrooms& Upgrades ReBid Project Number E15191 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Digitally signed Jeff Edmonds Jeff Edmonds Date:2018.04.16y12:33:32-0500' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services Ord. 031402 AUTHORIZED APPROVED AS TO LEGAL FORM: 3/27/18 BY COUNCIL R H/M L Digitally signed by RH/ML DN:cn=RH/ML,-City Secretary,—City Secretary, x _ 2018.04.1318:08:33-05'00' email=moniquel@cctexas.com,G=US Date:2018 04.16 15:56:25-05'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Rebecca Huerta 111,Illy by Rebeoca Roea 1N:IllyRebecca Huerla,o-City of Corpus CM1risli,ouyCiry Seoeetery,emell�ebeocaM1@oNexas oom.-US °ate2018-17110426-0500Cordova Construction Company, Inc. Digitally signed by Keith Cordova (Seal Below) By: Keith Cordova Date:2018.04.1016:57:34-05'00' Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 320 E State Hwy 7 Financial Officer Address Nacogdoches, Texas 75961 City State Zip 936/564-0485 936 560-3312 Phone Fax keith@cordovaconstructioncompany.com EMail END OF SECTION Agreement 005223-6 American Bank Center& Exhibition Hall&Convention Center Restrooms& Upgrades ReBid Project Number E15191 Rev06-22-2016 006113 PERFORMANCE BOND BOND NO. 5245077 Contractor as Principal Surety Name: Cordova Construction Company,Inc. Name: SureTec Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 320 E State Hwy 7 9737 Great Hills Trail,Ste. 320 Nacogdoches.TX 75961 Austin,TX 78759 Physical address(principal place of business): Owner 9737 Great Hills Trail,Ste. 320 Name: City of Corpus Christi,Texas Austin,TX 78759 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Texas Corpus Christi,Texas 78469 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): American Bank Center&Exhibition Hall& 866-732-0099 Convention Center Restrooms&Upgrades—ReBid Project No.E15191 Telephone(for notice of claim): 866-732-0099 Local Agent for Surety Name: BXS Insurance Award Date of the Contract: March 27.2018 Address: P.O. Box 631202 Contract Price: &786.210.00 Nacogdoches,TX 75963 Telephone: 936-564-0221 Bond Email Address: denise.moreau@bxsi.com Date of Bond: April 2,2018 The address of the surety company to which any notice of claim should be sent may be obtained C (Date Bond cannot be earlier than Award Date 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 ABC&Exhibition Hall&Convention Ctr Restrooms&Upgrades ReBid#E15191 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,faintly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shag be determined in accordance with the provisions of said Chapter to the some extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractoras Pri ' al Surety Signature: Signature: Q LUrA Name: f`e,J-4 ca-1.11c.I✓-I Name: Denise Moreau Title: �r es, "A,. f Title: Attorney in Fact Email Address: AE• # C�G.rr�/�yvr c-��Fr<�.c �• Email Address: denise.moreau@bxsi.com 4u (Attach Power of Attorney and place surety seal below) y END OF SECTION Performance Bond 006113-2 ABC& Exhibition Hall&Convention Ctr Restrooms& Upgrades ReBid#E15191 7-8-2014 POA#: 4221302 SureTec Insurance Company LEMaTED POWER OF ATTORNEY Snow AU Men by These.Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Joe Max Green,Gary L.LaFour,Denise Moreau its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments,or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Two Million Five Hundred Thousand and 00/100 Dollars($2,500,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until W18r2021 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizance,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,904ts corporate seal to be hereto affixed this m day of May ,A.D. 2017 . yUPaIAV�� SURETEC SURAN C NY tear X -p By: w John Knox ., rest State of Texas ss: County of Harris On this ft day of May ,A.D. 2017 before me personally came John Knox Jr.,to me known,who,being by me7 ,sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACQUELYN GREENLEAF :i =Notary Public,State of Texas !;,R; °* Comm.Expires 05-18-2021 N'"" �" Jac 1 Greenleaf Nota Public '•.;,°;,;��` Notary ID 126903029 9 Yn � r3' My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. n, Given under my hand and the seal of said Company at Houston,Texas this . day of r' ` �U A.D. r AL Brent Beaty,F Assistaf1b$e etas , _I h , Any Instrument Issued In excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and .G8t,` j tVi SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin,Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#:512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ---------------------------------------------------------------------------------------------------------------------------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection,or acts of war. ------------------------------------------------------------------------------------------------------------------ Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials,environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 006116 PAYMENT BOND BOND N0. 5245077 Contractor as Principal Surety Name: Cordova Construction Company,Inc. Name: SureTec Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 320 E State Hwy 7 9737 Great Hills Trail,Ste.320 Nacogdoches,TX 75961 Austin,TX 78759 Physical address(principal place of business): Owner 9737 Great Hills Trail,Ste. 320 Name: City of Corpus Christi,Texas Austin,TX 78759 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Texas Corpus Christi,Texas 78469 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): American Bank Center&Exhibition Hall& 866-732-0099 Convention Center Restrooms&Upgrades-ReBid Prosect No.E15191 Telephone(for notice of claim): 866-732-0099 Local Agent for Surety Name: BXS Insurance Award Date of the Contract: March 27,2018 Address: P.O. Box 631202 Contract Price: 5786.210.00 Nacogdoches,TX 75963 Bond Telephone: 936-564-0221 Email Address: denise.moreau@bxsi.com Date of Bond: April 2,2018 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 ABC&Exhibition Hail&Convention Ctr Restrooms&Upgrades ReBid#E15191 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,faintly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void,otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie a sively in Nueces County, Texas for any legal action. 14 Contractor as Pri c' al Surety } Signature: Signature: Name: /��t �� �oV Name: Denise Moreau Title: / Title: Attorney in Fact Email Address: /tee. 7� Pro-1 01 ,,?,Erna il Address: denise.moreau@bxsi.com (Attach Power of Attorney and place surety sea!below) '•Ji y i END OF SECTION Payment Bond Form 006116-2 ABC& Exhibition Hall&Convention Ctr Restrooms& Upgrades ReBid#E15191 7-8-2014 POA#: 4221302 SureTec Insurance Company LINIITED POWER. OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Joe Max Green, Gary L. LaFour, Denise Moreau its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments •or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Two Million Five Hundred Thousand and 001100 Dollars($2,500,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifyingand confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 5"812021 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-1n-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizanecs, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'"of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, is corporate seal to be hereto affixed this 9th day of May ,A.D. 2017 , SURETEC SURAN C P NY °ate XANc�° By: LU€ F ae John Knox resid t Cr State of Texas ss: County of Harris On this 9th day of May ,A,D. 2017 before me personally came John Knox Jr.,to me known,who,being by me y swum,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. `;FRY PLS� JACQUELYN GRIrENLEAF =_. ' --Notary Public,State of Texas Comm.Expires 05-18-2021 Jac el n Greenleaf,Notary Public Notary ID 126903029 � y y My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company, which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this : lG day of r�7 I rl , A.D. -=r M.Brent Beaty,Assistant Sec etary Any Instrument Issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:1!0 prei CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099.You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin,Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#:512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ---------------------------------------------------------------------------------------------------------------------------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ------------------------------------------------------------------------------------------------------------------ Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property,or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 D/YYW) DATE A`oRo° CERTIFICATE OF LIABILITY INSURANCE 4(MM/D(MMID 18 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 have ADDITIONAL INSURED provisions or 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 NAME: Stacy Trlana BXS Insurance PHONE FAX 3310 N. University Drive ,vC No Ext): 936-564-0221 AJC,NoE-M :936-569-6938 Nacogdoches TX 75965 ADDRESS: stacy.triana@bxsi.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: First Mercury Insurance Co. 10657 INSURED CORDCON-01 INSURER B: Foremost Insurance Co Grand Rapids, MI 11185 Cordova Construction Co. Inc. 320 E State Highway 7 INsuRERc:Texas Mutual Insurance Company 22945 Nacogdoches TX 75961-8911 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1001415001 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY TXCGL000003019405 6/25/2017 6/25/2018 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR PREMI ETORENTED PREMISES Ea occurrence $50,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT 1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY SCI 04800167 7/20/2017 7/20/2018 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 000 000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIREDX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A UMBRELLA LAB X OCCUR ILEX000006546102 6/25/2017 6/25/2018 EACH OCCURRENCE $3,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION 0001118522 6/25/2017 6/25/2018 PERX OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICE R/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) P#E1 5191-American Bank Center& Exhibition Hall&Convention Center Restrooms& Upgrades General liability policy includes certificate holder as an additional insured when required by written contract but only with respect to liability arising out of a named insured's work for additional insured including Products/Completed Operations coverage and in no way will the additional insured status exceed the limits,terms or conditions of the policy. Primary&Non-Contributory wording applies when required by written contract. Auto liability policy includes certificate holder as an additional insured when required by written contract but only with respect to the legal responsibility for acts or omissions of a person for whom liability coverage is afforded under this policy but in no event shall such coverage exceed the limits,terms or conditions of See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi P.O. Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-927 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CORDCON-01 LOC#: ,a`oRo ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED BXS Insurance Cordova Construction Co. Inc. 320 E State Highway 7 POLICY NUMBER Nacogdoches TX 75961-8911 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE the policy. General Liability,Auto Liability and Workers Compensation policies include waiver of subrogation in favor of certificate holder when required by written contract but in no event shall such coverage exceed the limits,terms or conditions of the policy. 30 Day Notice of Cancellation is provided when required by written contract except in the event of cancellation for Non-Payment of Premium. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) A�aR� EVIDENCE OF PROPERTY INSURANCE 104/11/2018 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE +1 936 564 0221 COMPANY A/C No Ext BXS INSURANCE, INC American Zurich Insurance Company PO BOX 631202 NACOGDOCHES,TX 75963-1202 FAX a/c No): +1 936 569 6938 ADMDRESS, stacy.triana@bxsi.com CODE: 19430586 SUB CODE: AGENCY CUSTOMER ID#: INSURED LOAN NUMBER POLICY NUMBER Cordova Construction Co., Inc BR11506138 320 E State Hwy 7 EFFECTIVE DATE EXPIRATION DATE nacogdoches,TX 75961-8911 CONTINUED UNTIL 04/11/2018 04/11/2019 El TERM INATEDIFCHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION 1901 Shoreline blvd Corpus Christi,TX 78401 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk/Installation Floater Coverage Form $1,000 Renovations and Improvements $800,000 All Covered Property at all Locations $800,000 REMARKS(including Special Conditions CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAMEANDADDRESS MORTGAGEE ADDITIONAL INSURED City of Corpus Christi X LOSS PAYEE P.O. Box 9277 LOAN# Corpus Christi,TX 78469 AUTHORIZED REPRESENTATIVE ACORD 27(2009/12) @ 1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 33 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to b. "Bodily injury" or "property damage" include as an insured any person or organization occurring after: for whom you are performing operations when you (1) All work, including materials, parts or and such person or organization have agreed in equipment furnished in connection with writing in a contract or agreement that such person such work, on the project (other than or organization be added as an additional insured service, maintenance or repairs) to be on your policy. Such person or organization is an performed by or on behalf of the additional insured only with respect to liability additional insured(s) at the site of the arising out of your ongoing operations performed covered operations has been completed; for that insured. A person's or organization's status or as an insured under this endorsement ends when your operations for that insured are completed. (2) That portion of "your work" out of which the injury or damage arises has been put B. With respect to the insurance afforded to these to its intended use by any person or additional insureds, the following additional organization other than another exclusions apply: contractor or subcontractor engaged in 2. Exclusions performing operations for a principal as a This insurance does not apply to: part of the same project. a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. CG 20 33 10 01 © ISO Properties, Inc., 2000 Pagel of 1 0 POLICY NUMBER:TX-CGL-0000030194-05 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under thefollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract executed prior to the "bodily Injury"Or"property damage" Location And Description of Completed Operations: The insurance afforded to these additional insureds does not apply to "bodily injury" or"property damage" arising out of"your work"that has been completed by or for you prior to 07/20/2011. Additional Premium: Of no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your worK' at the location designated and described in the schedule of this endorsement performed for that insured and included in the"products-completed operations hazard". CG 20 3710 01 0 ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: TX-CGL-0000030194-05 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: A Person Or Organization You Have Agreed In A Written Contract To Waive Any Right Of Recovery Against Provided The Written Contract Is Executed Prior To The Injury Or Damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement prior to the injury or damage that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However, the insurance provided under this endorsement will not apply beyond the extent required by such contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FM I C-G L-1002(1012015) [g]'FOREMOST INSURANCE GROUP 453 ::81LL PC1L1G1C:{I[k]MF1 1 Pi3(.TII�JL`ER:AI[l�i1BER: i.. ::lA[C�C34]f�IT'1111fNIBER ::AUDIS:PEE{IC3D D SCI 04800167 19430586 F001371928-001-00001 ANNUAL BRANCH GR GRAND RAPIDS RENEWAL EFF 07/20/2017 COMMERCIAL INSURANCE POLICY SUPPLEMENTAL DECLARATIONS ............... .. ....... ........ .,.. aRnn,:, :i-- —1-1--.1%........ > _---bA i;:©r�;:EI,►iooR6tnne�;:nu�ty►ir:ate:::::::::::::::::::::.:::::: fSFi .�1�1 5 #S M�NT:_NUMft fi _'.:FQFihi4 QTS EX�FCipft.... ENrr OkiNlATi4NF-= (MANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS T4 US {WAIVER OF SUBROGATION} AUTOMOBILE Names: TE2046A 0392 BLANKET AS REQUIRED BY CONTRACT BUSINESS AUTO DECLARATIONS AUTOMOBILE Loc #: 001 840800 4896 Vehicle#: 043 Description: Make: DODGE Model: AVENGER MAINSTR VIN: I B3BD1 FB8BN501284 Physical Damage Towing & Labor for each disablement of a Private Passenger Auto $40 BUSINESS AUTO DECLARATIONS AUTOMOBILE Loc #: 001 800800 0896 Vehicle#: 053 Description: Make: DODGE Model: RAM 2500 ST VIN; 3C6LD4ALXCG328972 Physical DawQ�ee Towing & Labor for each disablement of a Private Passenger Auto $40 9C0009 Ed. 4-97 INSURED'S COPY 04/19/2017 PAGE 1 OF 1 FOREMOST INSURANCE GROUP 455 =: T:mil' P[79�.iGeFa+fL�I3F�iP4 ?:�:�:�: > ip►�cA.�F���#�' `=:;::.:.: t1U!- �: ::=::?: D SOI 04800167 19430586 F001371928-001-00001 ANNUAL BRANCH GR GRAND RAPIDS RENEWAL EFF 07/20/2017 COMMERCIAL INSURANCE POLICY SUPPLEMENTAL DECLARATIONS (CONTINUED) Fm : BDJI0iff: lE1Kl +1f3: :............................................ ..................................................... n9>0 MOHS EWN AUTOMOBILE 953242 1212 ADDITIONAL INSURED ADDITIONAL INSURED: BLANKET WHERE REQUIRED BY CONTRACT 320 E STATE HIGHWAY 7 NACOODOCHES TX 75961 LOC #: 000 VER #: 000 i i 9CO009 Ed. 4-97 INSURED'S COPY 04119/2017 PAGE 2 OF 10 485 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM The CONDITION entitled "TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US" does not apply to: (Name of Person or Organization) Additional Premium$ will be retained by us regardless of any early termination of this endorsement or the policy. FORM TE 20 46A Texas Standard Automobile Endorsement Prescribed March 18, 1992 486 THIS ENDORSEMENT CHANGES THE PQLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE© This endorsement modifies insurance {provided under the following: BUSINESS AUTO OVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective: Policy Number: Named Insured: Countersigned y: (Authorized Representative) The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. (Enter Name and Address of Additional Insured.) is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional insured The additional insured will retain any right of recovery as a claimant under this policy. 9S3242 12 12 Page 1 of 1 T PV C� ex,qsmutuai WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured Copy TEXAS WAVIER 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 right 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 ( 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 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 06/25/2017 at 12:01 a.m.standard time,forms a part of: Policy No.0001118522 of Texas Mutual Insurance Company effective on 0612512017 Issued to: CORDOVA CONSTRUCTION CO INC &tz Premium: $2,105.00 Authorized Representative NCCI Carrier Code: 29939 06123/2017 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1($00)859-5995 1 Fax(800)359-0650 WC 42 03 04 B Tex,qsmutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND 'WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured Copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. {The foliowing"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.} This endorsement,effective on 0612512017 at 12:01 a.m.standard time,forms a part of: Policy No.0001118522 of Texas Mutual Insurance Company effective on 06/25/2017 Issued to: CORDOVA CONSTRUCTION CO INC &Lz 6�� Premium: $2,105.00 Authorized Representative NCCI Carrier Code:29939 0612312017 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1(800)859-5995 1 Fax(800)359-0650 WC 42 06 01 � From: Stacy Triana To: Sylvia Arriaaa Cc: Keith Cordova; Billy Cordova Subject: CREV: Cert-City of Corpus Christi-American Bank Center incl endt request and evid of the installation coverage Date: Wednesday,April 11,2018 4:27:33 PM Attachments: imaae004.ona imaae005.ona imaae006.ona imaae001.ona City of Cornus Christi-E15191 Insurance Reauirements.odf Addendum#l.odf Certificate.odf Cordova WC 30 Day NOC.PDF Submit Chanae Reauest-Eff 4102018.odf Submit Chanae Reauest-Eff 4102018.odf Cordova BR Cornus Certificate.odf Importance: High Sylvia, Please see the 7th attachment for the Evidence of Property coverage on the Installation floater naming the City as a loss payee. Per your request please see the 5th attachment for the request to add the 30 day notice of cancellation to the City on the general liability policy and the 6th attachment for the request to add the 30 day notice of cancellation to the City on the auto liability policy. As soon as I receive these endorsement I will forward you a copy for your files, it normally takes 10 day to two weeks to get the endorsements back. The original cert is attached(3rd attachment) and the 30 day notice of cancellation for the workers comp policy is attached(4th attachment). Please let me know that you have received this email and that all documentation is acceptable. Sincerely, Stacy Stacy Triana,ACSR I Commercial lines Sr. Account Manager BXS Insurance P.O. Box 631202 1 Nacogdoches, TX 75963 BXS Insurance 3310 N. University Dr. I Nacogdoches, TX 75965 (0) 936-564-02211 (F) 936-569-6938 1 stacy.triana(4�bxsi.coml hasisom GBXSINSURANCE A SUBSIDIARY OF 8ANCORPS()UTH"BANK From: Stacy Triana [mailto:stacy.triana(a)bxsi.com] Sent: Wednesday, April 11, 2018 11:55 AM To: 'Sylvia Arriaga' Cc: 'Keith Cordova'; 'Billy Cordova' Subject: CREV: Cert- City of Corpus Christi - American Bank Center -pending items in question-Cordova Importance: High l JCARPENTER ACORo DATE(MM/DD/YYYY) COMMERCIAL POLICY CHANGE REQUEST F04/11/2018 AGENCY CARRIER NAIC CODE BXS Insurance Foremost Insurance Co Grand Rapids, MI 11185 P.O.Box 631202 Nacogdoches,TX 75963-1202 ATTENTION POLICY NUMBER CONTACT NHAHppMJohn Green SCI 04800167 NEE rA/C,No,Ext): (936) 564-0221 ACCOUNT NUMBER FAX No): (936) 569-6938 Auto E-MAIL EFFECTIVE DATE OF CHANGE POLICY INCEPTION DATE POLICY EXPIRATION DATE ADDRESS: CODE:039200338 SUBCODE: 04/10/2018 07/20/2017 07/20/2018 AGENCY CUSTOMERID:CORDCON-01 TPIO'PICY PROPERTY X AUTO WORKERS COMP NAMED INSURED INLAND MARINE TRUCKERS Cordova Construction Co. Inc. UMBRELLA MOTOR CARRIERS INSURED'S NAME AND MAILING ADDRESS,IF CHANGED(INC ZIP+4) GENERAL LIABILITY BUSINESS OWNERS THIS IS AN ACKNOWLEDGEMENT OF YOUR REQUEST. UPON APPROVAL,THE COMPANY'S RECORDS WILL BE ADJUSTED ACCORDINGLY, AND IF A PREMIUM ADJUSTMENT IS REQUIRED,IT WILL BE DONE AT PREMIUM AUDIT OR BY ENDORSEMENT. SHORT DESCRIPTION OF CHANGES/REMARKS (ACORD 101,Additional Remarks Schedule, may be attached if more space is required) 4/11/2018-Effective 4/10/18 Add 30 DNOC: City of Corpus Christi PREMISES INFORMATION ADD CHANGE DELETE LOC# BLD# STREET,CITY,COUNTY,STATE,ZIP+4 CITY LIMITS INTEREST YR BUILT PART OCCUPIED INSIDE OWNER OUTSIDE TENANT NATURE OF BUSINESS/DESCRIPTION OF OPERATIONS BY PREMISE(S) ADD CHANGE DELETE LOC# BLD# AUTO-VEHICLE DESCRIPTION/LIMITS POLICY LIMIT(S)CHANGED ADD CHANGE DELETE VEH# YEAR MAKE: BODY VEHICLE TYPE SYM/AGE COMP/ COLL TYPE: OTC SYM SYM MODEL: V.I.N.: PP SPEC COML GARAGING STREET(Required in KY) CITY COUNTY STATE ZIP ADDRESS LIC T GVW/GCW CLASS SIC FACTOR �SEATCP� RADIUS STATE FARTHEST TERMINAL COST NEW USE COMM'L FOR HIRE CHECK ADD'L NO- UNDRINS F LSP RENT DEDUCTIBLES COMP/ SPEC COVERAGES FAULT MOTOR REIMB ACV OTC C OF PLEASURE RETAIL LIAB MED PAY TOWING FT COMP/ FGAA STAMT $ &LABOR OTC FARM SERVICE NO- UNINS SPEC FTW COLL FAULT MOTOR C OF L $ $ COLL DRIVE TO <15 MILES 15 MILES+ NETVE WORK/SCHOOL DR/CR: TOTAL PREM: $ LIABILITY NO FAULT ADD'L NO FAULT MEDICAL PAYMENTS UNINSURED MOTORISTS UNDERINSURED MOTORISTS $ $ $ $ $ $ AUTO-VEHICLE DESCRIPTION/LIMITS POLICY LIMIT(S)CHANGED ADD CHANGE DELETE VEH# YEAR MAKE: BODY VEHICLE TYPE SYM/AGE COMP/ COLL TYPE: OTC SYM SYM MODEL: V.I.N.: PP SPEC COML GARAGING STREET(Required in KY) CITY COUNTY STATE ZIP ADDRESS LIC T GVW/GCW CLASS SIC FACTOR SEAT CP RADIUS STATE FARTHEST TERMINAL COST NEW USE COMM'L FOR HIRE CHECK ADD'L NO- UNDRINS F LSP RENT DEDUCTIBLES COMP/ SPEC COVERAGES FAULT MOTOR REIMB ACV OTC C OF L PLEASURE RETAIL LIAB MED PAY TOWING FT COMP/ FGAA STAMT $ &LABOR OTC FARM SERVICE NO- UNINS SPEC FTW COLL FAULT MOTOR C OF L $ $ COLL DRIVE TO <15 MILES 15 MILES+ NET VEH WORK/SCHOOL DR/CR: TOTAL PREM: $ LIABILITY NO FAULT ADD'L NO FAULT MEDICAL PAYMENTS UNINSURED MOTORISTS UNDERINSURED MOTORISTS Is $ $ $ $ $ DRIVER INFORMATION(List drivers who frequently use own vehicles) ADD CHANGE DELETE DRIVER NAME *MAR YRS YEAR DRIVERS LICENSE NUMBER/ STATE DATE % BROADENI I USE # CITY,STATE AND ZIP CODE SEX STAT DATE OF BIRTH EXP LIC SOCIAL SECURITY NUMBER LIC HIRE NO-FAULT DOC I VEH# USE *MARITAL STATUS/CIVIL UNION(if applicable) ACORD 175(2012/04) Page 1 of 2 ©1991-2012 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION RATING INFORMATION AGENCY CUSTOMER ID:CORDCON-01 JCARPENTER #OF ESTIMATED TYPE OF DESCR EMPLOYEES ANNUAL CHANGE STATE LOC CLASS CODE CODE CATEGORIES,DUTIES,CLASSIFICATIONS FULL PART REMUNERATION TIME TIME PROPERTY/INLAND MARINE-PREMISES INFORMATION PREMISES#: BUILDING#: ADD CHANGE DELETE SUBJECT OF INSURANCE AMOUNT COINS% VALUATION CAUSES OF LOSS INFLATION GUARD DEDUCTIBLE FORMS AND CONDITIONS TO APPLY ADDITIONAL COVERAGES,OPTIONS,RESTRICTIONS,ENDORSEMENTS AND RATING INFORMATION (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CONSTRUCTION TYPE DISTANCE TO FIRE DISTRICT/CODE NUMBER PROT CL #STORIES #BASM'TS YR BUILT TOTAL AREA HYDRANT FIRE STAT FT MI BUILDING IMPROVEMENTSPLUMBING,YR: BLDG CODE INSPECTED? ROOF OTHER OCCUPANCIES GRADE Y/N TYPE WIRING,YR: HEATING,YR: ROOFING,YR: OTHER: TAX CODE RIGHT EXPOSURE&DISTANCE LEFT EXPOSURE&DISTANCE REAR EXPOSURE&DISTANCE BURGLAR ALARM TYPE CERTIFICATE# EXPIRATION DATE EXTENT GRADE CENTRAL STATION WITH KEYS BURGLAR ALARM INSTALLED AND SERVICED BY #GUARDS/WATCHMEN CLOCK HOURLY PREMISES FIRE PROTECTION(Sprinklers,Standpipes,CO2/Chemical Systems) FIRE ALARM MANUFACTURER CENTRAL STATION LOCAL GONG INLAND MARINE-SCHEDULED EQUIPMENT %COINSURANCE: ADD CHANGE DELETE # YEAR DESCRIPTION(TYPE,MANUFACTURER,MODEL,CAPACITY,ETC) ID#/SERIAL# PUODEL � RCHASED NEW/USED INSURANCCE GENERAL LIABILITY-LIMITS CHANGE GENERAL AGGREGATE $ DAMAGE TO RENTED PREMISES $ PRODUCTS&COMPLETED OPERATIONS AGGREGATE $ MEDICAL EXPENSE(Any one person) $ PERSONAL&ADVERTISING INJURY $ EMPLOYEE BENEFITS $ EACH OCCURRENCE $ $ GENERAL LIABILITY-SCHEDULE OF HAZARDS TYPE OF LOC HAZ CLASSIFICATION CLASS PREMIUMPREMIUM BASIS CODES CHANGE # # CODE BASIS EXPOSURE TERR (S)GROSS SALES-PER$1,000/SALES (P)PAYROLL-PER$1,000/PAY (A)AREA-PER 1,000/SQ FT (C)TOTAL COST-PER$1,000/COST (M)ADMISSIONS-PER 1,000/ADM (U)UNIT-PER UNIT (T)OTHER UMBRELLA CHANGE LIMIT OF LIABILITY $ OTHER RETAINED LIMIT $ (DESCRIBE) ADDITIONAL INTEREST X ADD CHANGE DELETE INTEREST NAME AND ADDRESS RANK: EVIDENCE: CERTIFICATE INTEREST IN ITEM NUMBER ADDITIONAL MORTGAGEE Ciof Corpus Christi INSURED LOCATION: BUILDING: EMPLOYEE P.9. Box 9 77 OWNER AS LESSOR Corpus Christi,TX 78469 VEHICLE: BOAT: LIENHOLDER REGISTRANT AIRPORT: LOSS PAYEE ITEM CLASS: ITEM: X 30 Day Notice of Cancellation ITEM DESCRIPTION REFERENCE/LOAN#: SIGNATURE(Any deletion or reduction in coverage requires the Insured's signature) PRODUCER'S SIGNATURE PRODUCER'S NAME(Please Print) STATE PRODUCER LICENSE NO (Required in Florida) __D� John Green INSURED's SIGNATURE DATE NATIONAL PRODUCER NUMBER ACORD 175(2012/04) Page 2 of 2 l JCARPENTER ACORo DATE(MM/DD/YYYY) COMMERCIAL POLICY CHANGE REQUEST F04/10/2018 AGENCY CARRIER NAIC CODE BXS Insurance First Mercury Insurance Co. 10657 P.O.Box 631202 Nacogdoches,TX 75963-1202 ATTENTION POLICY NUMBER CONTACT NHAHppMJohn Green TXCGL000003019405 NEE rA/C,No,Ext): (936) 564-0221 ACCOUNT NUMBER FAX No): (936) 569-6938 General Liability E-MAIL EFFECTIVE DATE OF CHANGE POLICY INCEPTION DATE POLICY EXPIRATION DATE ADDRESS: CODE: SUBCODE: 04/10/2018 06/25/2017 06/25/2018 AGENCY CUSTOMER ID:CORDCON-01 POLICY PROPERTY AUTO WORKERS COMP NAMED INSURED TYPE INLAND MARINE TRUCKERS Cordova Construction Co. Inc. UMBRELLA MOTOR CARRIERS INSURED'S NAME AND MAILING ADDRESS,IF CHANGED(INC ZIP+4) X GENERAL LIABILITY BUSINESS OWNERS THIS IS AN ACKNOWLEDGEMENT OF YOUR REQUEST. UPON APPROVAL,THE COMPANY'S RECORDS WILL BE ADJUSTED ACCORDINGLY, AND IF A PREMIUM ADJUSTMENT IS REQUIRED,IT WILL BE DONE AT PREMIUM AUDIT OR BY ENDORSEMENT. SHORT DESCRIPTION OF CHANGES/REMARKS (ACORD 101,Additional Remarks Schedule, may be attached if more space is required) 4/10/2018-Effective 4/10/18 Add 30DNOC: City of Corpus Christi PREMISES INFORMATION ADD CHANGE DELETE LOC# BLD# STREET,CITY,COUNTY,STATE,ZIP+4 CITY LIMITS INTEREST YR BUILT PART OCCUPIED INSIDE OWNER OUTSIDE TENANT NATURE OF BUSINESS/DESCRIPTION OF OPERATIONS BY PREMISE(S) ADD CHANGE DELETE LOC# BLD# AUTO-VEHICLE DESCRIPTION/LIMITS POLICY LIMIT(S)CHANGED ADD CHANGE DELETE VEH# YEAR MAKE: BODY VEHICLE TYPE SYM/AGE COMP/ COLL TYPE: OTC SYM SYM MODEL: V.I.N.: PP SPEC COML GARAGING STREET(Required in KY) CITY COUNTY STATE ZIP ADDRESS LIC T GVW/GCW CLASS SIC FACTOR �SEATCP� RADIUS STATE FARTHEST TERMINAL COST NEW USE COMM'L FOR HIRE CHECK ADD'L NO- UNDRINS F LSP RENT DEDUCTIBLES COMP/ SPEC COVERAGES FAULT MOTOR REIMB ACV OTC C OF PLEASURE RETAIL LIAB MED PAY TOWING FT COMP/ FGAA STAMT $ &LABOR OTC FARM SERVICE NO- UNINS SPEC FTW COLL FAULT MOTOR C OF L $ $ COLL DRIVE TO <15 MILES 15 MILES+ NETVE WORK/SCHOOL DR/CR: TOTAL PREM: $ LIABILITY NO FAULT ADD'L NO FAULT MEDICAL PAYMENTS UNINSURED MOTORISTS UNDERINSURED MOTORISTS $ $ $ $ $ $ AUTO-VEHICLE DESCRIPTION/LIMITS POLICY LIMIT(S)CHANGED ADD CHANGE DELETE VEH# YEAR MAKE: BODY VEHICLE TYPE SYM/AGE COMP/ COLL TYPE: OTC SYM SYM MODEL: V.I.N.: PP SPEC COML GARAGING STREET(Required in KY) CITY COUNTY STATE ZIP ADDRESS LIC T GVW/GCW CLASS SIC FACTOR SEAT CP RADIUS STATE FARTHEST TERMINAL COST NEW USE COMM'L FOR HIRE CHECK ADD'L NO- UNDRINS F LSP RENT DEDUCTIBLES COMP/ SPEC COVERAGES FAULT MOTOR REIMB ACV OTC C OF L PLEASURE RETAIL LIAB MED PAY TOWING FT COMP/ FGAA STAMT $ &LABOR OTC FARM SERVICE NO- UNINS SPEC FTW COLL FAULT MOTOR C OF L $ $ COLL DRIVE TO <15 MILES 15 MILES+ NET VEH WORK/SCHOOL DR/CR: TOTAL PREM: $ LIABILITY NO FAULT ADD'L NO FAULT MEDICAL PAYMENTS UNINSURED MOTORISTS UNDERINSURED MOTORISTS Is $ $ $ $ $ DRIVER INFORMATION(List drivers who frequently use own vehicles) ADD CHANGE DELETE DRIVER NAME *MAR YRS YEAR DRIVERS LICENSE NUMBER/ STATE DATE % BROADENI I USE # CITY,STATE AND ZIP CODE SEX STAT DATE OF BIRTH EXP LIC SOCIAL SECURITY NUMBER LIC HIRE NO-FAULT DOC I VEH# USE *MARITAL STATUS/CIVIL UNION(if applicable) ACORD 175(2012/04) Page 1 of 2 ©1991-2012 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION RATING INFORMATION AGENCY CUSTOMER ID:CORDCON-01 JCARPENTER #OF ESTIMATED TYPE OF DESCR EMPLOYEES ANNUAL CHANGE STATE LOC CLASS CODE CODE CATEGORIES,DUTIES,CLASSIFICATIONS FULL PART REMUNERATION TIME TIME PROPERTY/INLAND MARINE-PREMISES INFORMATION PREMISES#: BUILDING#: ADD CHANGE DELETE SUBJECT OF INSURANCE AMOUNT COINS% VALUATION CAUSES OF LOSS INFLATION GUARD DEDUCTIBLE FORMS AND CONDITIONS TO APPLY ADDITIONAL COVERAGES,OPTIONS,RESTRICTIONS,ENDORSEMENTS AND RATING INFORMATION (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CONSTRUCTION TYPE DISTANCE TO FIRE DISTRICT/CODE NUMBER PROT CL #STORIES #BASM'TS YR BUILT TOTAL AREA HYDRANT FIRE STAT FT MI BUILDING IMPROVEMENTSPLUMBING,YR: BLDG CODE INSPECTED? ROOF OTHER OCCUPANCIES GRADE Y/N TYPE WIRING,YR: HEATING,YR: ROOFING,YR: OTHER: TAX CODE RIGHT EXPOSURE&DISTANCE LEFT EXPOSURE&DISTANCE REAR EXPOSURE&DISTANCE BURGLAR ALARM TYPE CERTIFICATE# EXPIRATION DATE EXTENT GRADE CENTRAL STATION WITH KEYS BURGLAR ALARM INSTALLED AND SERVICED BY #GUARDS/WATCHMEN CLOCK HOURLY PREMISES FIRE PROTECTION(Sprinklers,Standpipes,CO2/Chemical Systems) FIRE ALARM MANUFACTURER CENTRAL STATION LOCAL GONG INLAND MARINE-SCHEDULED EQUIPMENT %COINSURANCE: ADD CHANGE DELETE # YEAR DESCRIPTION(TYPE,MANUFACTURER,MODEL,CAPACITY,ETC) ID#/SERIAL# PUODEL � RCHASED NEW/USED INSURANCCE GENERAL LIABILITY-LIMITS CHANGE GENERAL AGGREGATE $ DAMAGE TO RENTED PREMISES $ PRODUCTS&COMPLETED OPERATIONS AGGREGATE $ MEDICAL EXPENSE(Any one person) $ PERSONAL&ADVERTISING INJURY $ EMPLOYEE BENEFITS $ EACH OCCURRENCE $ $ GENERAL LIABILITY-SCHEDULE OF HAZARDS TYPE OF LOC HAZ CLASSIFICATION CLASS PREMIUMPREMIUM BASIS CODES CHANGE # # CODE BASIS EXPOSURE TERR (S)GROSS SALES-PER$1,000/SALES (P)PAYROLL-PER$1,000/PAY (A)AREA-PER 1,000/SQ FT (C)TOTAL COST-PER$1,000/COST (M)ADMISSIONS-PER 1,000/ADM (U)UNIT-PER UNIT (T)OTHER UMBRELLA CHANGE LIMIT OF LIABILITY $ OTHER RETAINED LIMIT $ (DESCRIBE) ADDITIONAL INTEREST X ADD CHANGE DELETE INTEREST NAME AND ADDRESS RANK: EVIDENCE: CERTIFICATE INTEREST IN ITEM NUMBER ADDITIONAL MORTGAGEE City of Corpus Christi INSURED PO BOX 92/7 LOCATION: BUILDING: EMPLOYEE OWNER AS LESSOR Corpus Christi,TX 78469 VEHICLE: BOAT: LIENHOLDER REGISTRANT AIRPORT: LOSS PAYEE ITEM CLASS: ITEM: X 30 Day Notice of Cancellation ITEM DESCRIPTION REFERENCE/LOAN#: SIGNATURE(Any deletion or reduction in coverage requires the Insured's signature) PRODUCER'S SIGNATURE PRODUCER'S NAME(Please Print) STATE PRODUCER LICENSE NO (Required in Florida) __D� John Green INSURED's SIGNATURE DATE NATIONAL PRODUCER NUMBER ACORD 175(2012/04) Page 2 of 2