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HomeMy WebLinkAboutC2018-610 - 7/24/2018 - Approved T C2018-610 7/24/18 M2018-119 ABBA Construction LLC 00 52 23 AGREEMENT This Agreement,for the Project awarded on July 24,2018,is between the City of Corpus Christi (Owner)and ABBA Construction LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Community Park Development and Improvements-Bill Witt Park(Bond 2012)—Re-Bid Protect No. E14002 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Martinez,Guy&Maybik,Inc. 6000 S.Staples Street,Suite 207 Corpus Christi,Texas,78413 2.02 The Owner's Representative for this Project is: Joshua Seneca!, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd.,#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES • 3.01 Contract Times A. The Work is required to be substantially completed within 180 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 210 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Agreement 00 52 23-1 Community Park Development&Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No.E14002 Rev 06-22-2016 - SCANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF Community Park Development & Improvements Bill Witt Park (Bond 2012) — Re-Bid Project No. E14002 INNEMW WEE= City Corpus Christi, MMMARTINEZ, GUY ENC"dNEERS&SURVEYORS MAYBIK, INC. 6000 S. Staples, Suite 207 Corpus Christi,Texas 78413 Office 361.814.3070 " wL .mem-inc.com Tx Board PE Firm Reg. No. F-1415 May 24, 2018 � � ,*.� J M�'�N�,g Ik ei � � * n. a•x. a,MMA' .0 r ph q� � 9�•�� .�- Record Drawing Number CP-205 000100 TABLE OF CONTENTS Division/ Title Section 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) 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 00 45 16 Statement of Experience (Rev 10-06-2015) 00 52 23 Agreement(Rev 01-13-2016) 00 61 13 Performance Bond (Rev 01-13-2016) 00 61 16 Payment Bond (Revo1-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements (Revo1-13-2016) 00 72 02 Wage Rate Requirements(Rev 06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Revo1-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 011100 Summary of Work(Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures(Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Rev 01-13-2016) 01 31 00 Project Management and Coordination (Revo1-13-2016) 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation Table of Contents 000100- 1 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-14-2018 Division/ Title Section 01 35 00 Special Procedures 014000 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications 021020 Site Clearing and Stripping 021040 Site Grading 021080 Removing Abandoned Structures 022020 Excavation & Backfill for Utilities 022022 Trench Safety for Excavations 022060 Channel Excavation 022080 Embankment 022420 Silt Fence 025202 Scarifying and Reshaping Base Course 025205 Pavement Repair Curb Gutter Sidewalk & Driveway Replacement 025210 Lime Stabilization 025223 Crushed Limestone Flexible Base 025404 Asphalts Oils and Emulsions 025412 Prime Coat 025414 Aggregate for Surface Treatment 025416 Seal Coat 025418 Surface Treatment 025424 HMAC Pavement 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 025614 Concrete Curb Ramps 025620 Portland Cement Concrete Pavement 025802 Temporary Traffic Controls During Construction 025807 Pavement Markings 025813 Preformed Thermoplastic Striping Words and Emblems 026202 Hydrostatic Testing of Pressure Systems Table of Contents 000100-2 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-14-2018 Division/ Title Section 026204 PVC Pipe ASTM 026402 Waterlines 026411 Gate Valves for Waterlines 027402 RCP Culverts 028020 Seeding 028040 Sodding 028320 Chain Link Fence 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures 042020 Concrete Masonry Unit 055420 Frames Grates Rings and Covers 070020 Asbestos Removal Part T Technical Specifications 0321500 Decomposed Granite 0328100 Field Irrigation 055501 Metal Fabrications Appendix Title 1 Geotechnical Engineering Study (by TWE, Report No.4382 dated 3/24/2015) 2 Comprehensive Asbestos Survey at Bill Witt City Park(by Caliche, Ltd. dated 3/2/2016) END OF SECTION Table of Contents 000100-3 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-14-2018 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: Community Park Development&Improvements Bill Witt Park(Bond 2012)—Re-Bid Proiect No. E14002 This Project is described as the construction of various improvements at Bill Witt City Park. Base Bid "A" consists of upgrading and extending existing irrigation systems within the park and new irrigation systems. Base Bid "B" consists of a new dog park, the demolition of 3 abandoned buildings and related structures, landscaping, miscellaneous sports league upgrades, and other items designated for community parks in compliance with the City of Corpus Christi Parks, Recreation, and Open Space Master Plan. Base Bid "B" includes 3 Additive Alternates to the bid, consisting of a hike & bike trail, a covered pavilion, and perimeter fencing around soccer and football field areas. Bidders have the option of submitting a bid for either Base Bid "A" or Base Bid "B" or may submit bids for both Base Bids "A" and "B". 2.02 The Engineer's Opinion of Probable Construction Cost is$199,220 for Base Bid"A"and $464,850.00 for Base Bid"B". The Project is to be substantially complete and ready for operation within 180 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. Forty-five (45) calendar day of additional time will be allotted for the selection of one or any Additive Alternates. The time for performing all work for Base Bid A and Base Bid B shall run concurrently. 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. Invitation to Bid and Instructions to Bidders 002113- 1 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 05-23-2018 ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later t anWun1:1201,8 at'...2.m.. „ III''J!A.to be accepted. Bids received ry '12� after this time will not be accepted. It is the sole responsibility p ibility 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. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -Community Park Development&Improvements Bill Witt Park(Bond 2012)—Re-Bid, Project No. E14002 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 an read aloud on p Y p )8.�i0'. ..... .,....2. . .. ....2j'.... :.m. . ....11l)..:..l ..:., at the following location: City Hall Building— City of Corpus Christi Third Floor Engineering Services Smart Board Conference Room located through the Parks and Recreation Department entry 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. Invitation to Bid and Instructions to Bidders 002113-2 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 05-23-2018 ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on„l.w„I„ 5, 201,8 3t j,1Q0 AJIA at the following location: City Hall Building—Engineering Services Conference Room 1 or 2 3rd floor, Engineering Services 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 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 Invitation to Bid and Instructions to Bidders 002113-3 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 05-23-2018 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. 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 3. 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. Invitation to Bid and Instructions to Bidders 002113-4 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 05-23-2018 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 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. 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 Invitation to Bid and Instructions to Bidders 002113-5 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 05-23-2018 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. 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 0045 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 Invitation to Bid and Instructions to Bidders 002113-6 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 05-23-2018 against the OPT and their respective employees, arising out of or in connection with 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 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. 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 10 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. Invitation to Bid and Instructions to Bidders 002113-7 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 05-23-2018 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. 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 athhtlipl/www.cct:,:ixa::,coI vCCA111 ment/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 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 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. Invitation to Bid and Instructions to Bidders 002113-8 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 05-23-2018 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. 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 Invitation to Bid and Instructions to Bidders 002113-9 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 05-23-2018 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 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 05-23-2018 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 Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 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 C1 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 Cr Required ❑ Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required Cv7 Not Required Insurance Requirements 00 72 01- 1 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-27-2018 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. Insurance Requirements 00 72 01-2 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-27-2018 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 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. Insurance Requirements 00 72 01-3 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-27-2018 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and 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. Insurance Requirements 00 72 01-4 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-27-2018 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 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 Insurance Requirements 00 72 01-5 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-27-2018 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 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 Insurance Requirements 00 72 01-6 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-27-2018 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 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 Insurance Requirements 00 72 01-7 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-27-2018 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. 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 Insurance Requirements 00 72 01-8 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-27-2018 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 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. Insurance Requirements 00 72 01-9 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-27-2018 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; 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; Insurance Requirements 00 72 01- 10 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-27-2018 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- 11 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-27-2018 Insurance Requirements 00 72 01- 12 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 03-27-2018 009101 ADDENDUM NUMBER 01 Community Park Developments& improvements Bill Project: Witt Park(Bond 2012)—Re-Bid Project Number: Owner: City of Corpus Christi E14002 City Engineer: J.H. Edmonds P E City of Corpus Christi Designer: Ricardo Martinez, P. MGM Inc. Addendum No. 01 Specification Section: 009101 Issue Date: June 7,2018 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, modifications or deletions to the Contract Documents described in this App�oved by:41 roll Civ st Q&A c"J'CARX) Nm­ [Firm Name& Registration Number] ARTICLE I—B|DO|NG REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A� Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt ofthis addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TDTHE BIDDING REQUIREMENTS A� N/A AddendumNo.O1 009101-1 E140]2Community Park Developments&Improvements Bill Witt Park (Bond 2Ol2)—Re-Bid 6/7/2818 l t: i 0 i l ARTICLE 2—MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. 2.01 ADD, DELETE OR REPLACE SPECIFICATION SECTIONS(OR TECHNICAL SPECIFICATIONS) A, Delete the following Specification Sections (or Technical Specifications): i Deleted Specification Sections N"Technical Specifications) 0 N/A B. Add the following Specification Sections (or Technical Specifications): i Added Specification Sections(or Technical Specifications) N/A r 2.02 AMEND SPECIFICATIONS(OR TECHNICAL SPECIFICATIONS) A. N/A r ARTICLE 3-MODIFICATIONS TO THE DRAWINGS 3.01 ADD OR DELETE DRAWINGS f i A. DELETE the following Drawings: i Deleted Drawings j i N/A l j B. ADD the following Drawings: Added Drarvnsy��� I 3.02 AMEND DRAWINGS 1 X N/A J r; ARTICLE 4—CLARIFICATIONS f 4.01 QUESTIONS r A. Questions: "Demolition of existing. It states salvaged material may be made available to the r city. Does this mean all equipment must be removed by hand? Machinery is a more cost effective way to demolish." Answer:There shall be no salvaged materials from the demolition of the existing structures to r be made available to the city.Therefore it shall be the contractor's responsibility for the means and methods used during the demolition of existing structures for this project. Addendum No.01 009101-2 f E14002 Community Park Developments&Improvements Bill Witt Park IK (Bond 2012)—Re-Bid 6/7/2018 j B. Queudons: lNeter, Areyouprovidin0ihenmmmeterandmoteha|tothechy?Orbthat something you need from us? |fso, |will need more detail onmeter.° Answer:The meter shall be provided and installed bv the contractor. olease refer to the bid V1 items as per the construction documents. L Questions: "Irrigation valve vaults.Will this be done by you or us?" Answer:The irrigation valve vaults shall be provided and installed by the contractor,please refer to the bid items as per the construction documents. D. Questions: "S|eeves. Installed byyou orus7^ Answer:Sleeves shall be provided and installed by the contractor, please refer to the bid items as per the construction documents. 4.02 CLARIFICATIONS A. None. END OFADDENDUM NO. O1 4ddendumNo.O1 009101-3 E14O0ZCommunity Park Developments&Improvements Bill Witt Park (Bond ZO1Z)-Re-Bid 6/7/201e 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 ABBA CONSTRUCTION, LLC (type or print name of company) on m . .,, 201. ....2j.... ,m„ „ „IIl')�!A-for Community Park Development and Improvements- Bill .�. Bill Witt Park(Bond 2012)—Re-Bid. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -Community Park Development and Improvements- Bill Witt Park(Bond 2012)—Re-Bid, Project No. E14002 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 Acknowledging Receipt 1 06/07/20187 Bid Acknowledgement Form 003000-1 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev05-23-2018 Addendum No. Addendum Date Signature Acknowledging Receipt 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. Bid Acknowledgement Form 003000-2 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev05-23-2018 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 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 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 Bid Acknowledgement Form 003000-3 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev05-23-2018 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. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 180 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 210 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID 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. G. SECTION 00 45 16 STATEMENT OF EXPERIENCE ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. Bid Acknowledgement Form 003000-4 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev05-23-2018 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing 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. Bid Acknowledgement Form 003000-5 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev05-23-2018 ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: ABBA CONSTRUCTION, LLC (typed or printed full legal name of Bidder) By: (individual's signature) Name: JACOB CARLOS FLORES (typed or printed) Title: PRESIDENT (typed or printed) Attest: Ca44ee4l (individual's signature) State of Residency: TEXAS Federal Tax Id. No. 27-3454241 Address forgiving notices: p_()_ Rnx 451441, I ARFDn,TFXAS, 7A045 Phone: 956-645-5140 Email: bids@abbaconstructionusa.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.) END OF SECTION Bid Acknowledgement Form 003000-6 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev05-23-2018 C'I V(-'G\ "I Report Created On:6/13/2018 3:09:47 PM BID TOTALS BASE BID A Total Part A-Irrigation Improvements $282,999.75 Total $282,999.75 BASE BID B Total Part B-General Not Bidding Part D-Dog Park Improvements Not Bidding Part E-Landscaping Improvements Not Bidding Part F-Drainage Improvements Not Bidding Part G-Miscellaneous Improvements Not Bidding Total Not Bidding ADDITIVE ALTERNATE NO.1 -B Total Part H-Hike&Bike Trail Improvements(Additive Alternate#1) Not Bidding Total Not Bidding ADDITIVE ALTERNATE NO.2-B Total Part I-Covered Pavilion Building (Additive Alternate No.2) Not Bidding Total Not Bidding ADDITIVE ALTERNATE NO.3-B Total Part J-Split Rail Perimeter Fencing (Additive Alternate No.3) Not Bidding Total Not Bidding BASE BID A Part A-Irrigation Improvements No. Description Unit Qty Unit Price Ext Price Al Mobilization(max 5%) LS 1 $13,000.00 $13,000.00 A2 Bonds and Insurance LS 1 $10,000.00 $10,000.00 A3 Remove All Existing Irrigation System EA 8 $7,010.00 $56,080.00 Components Including Sprinkler (Field) Heads, Piping,Wiring, Conduits, Contorl Valves,Valves, Boxes& Vaults C'I V(-'G\ "I Report Created On:6/13/2018 3:09:47 PM Part A-Irrigation Improvements No. Description Unit Qty Unit Price Ext Price A4 Remove Existing Lock Box Including EA(Lock 3 $3,750.00 $11,250.00 All Controllers And Associated Box) Controller Wiring, Power Lines and Appurtenances A5 Remove Existing 6" PVC Waterline LF 680 $8.00 $5,440.00 A6 Remove& Replace Broken Sprinkler EA 6 $250.00 $1,500.00 Head A7 Remove& Replace Broken Rotors EA 2 $250.00 $500.00 A8 Remove& Replace Wires EA 6 $350.00 $2,100.00 A9 Remove& Replace Broken Pipeline EA 1 $1,000.00 $1,000.00 A10 Waterproof Controller Cabinet EA 4 $1,250.00 $5,000.00 A11 PVC Pipe-2" LF 17404 $2.75 $47,861.00 Al2 PVC Pipe-4" LF 1360 $3.25 $4,420.00 A13 PVC Pipe-6" LF 3688 $3.75 $13,830.00 A14 Pressure Vacuum Breaker EA 5 $250.00 $1,250.00 A15 Irrigation Controller Enclosure EA 4 $350.00 $1,400.00 A16 Irrigation Controller EA 10 $950.00 $9,500.00 A17 Conduit From Controller LF 2215 $1.65 $3,654.75 A18 Wire From Controller LF 12960 $1.65 $21,384.00 A19 Rotary Sprinkler Head(Toro T5 Rapid EA 171 $85.00 $14,535.00 Set Series Rotors 360°) A20 Rotary Sprinkler Head(Toro T5 Rapid EA 193 $85.00 $16,405.00 Set Series Rotors 180°) A21 Valve Vault With Backflow Preventer EA 1 $5,250.00 $5,250.00 And Water Meter A22 Weathermatic Electric Control Valve- EA 33 $250.00 $8,250.00 2" A23 Isolation Ball Valve(Same As Line EA 27 $275.00 $7,425.00 Size) A24 12X6 Tapping Sleeve EA 1 $1,000.00 $1,000.00 A25 Rainbird Quick Coupler Valve-1" EA 12 $100.00 $1,200.00 A26 Ball Valve-6" EA 2 $2,500.00 $5,000.00 A27 Water Fountain Foundation-(People EA 2 $2,375.00 $4,750.00 & Dog) A28 TEE-2" EA 65 $15.00 $975.00 A29 TEE-4" EA 1 $15.00 $15.00 A30 TEE-6" EA 13 $15.00 $195.00 C'I V(-,G\ ,"I Report Created On:6/13/2018 3:09:47 PM Part A-Irrigation Improvements No. Description Unit Qty Unit Price Ext Price A31 CAP EA 100 $15.00 $1,500.00 A32 HOSE BIB EA 14 $150.00 $2,100.00 A33 Storm Water Pollution Prevention Plan LS 1 $1,750.00 $1,750.00 A34 Silt Fence LF 24 $20.00 $480.00 A35 Stabilized Construction Exit EA 1 $3,000.00 $3,000.00 Sub Total: $282,999.75 BASE BID B Not Bidding ADDITIVE ALTERNATE NO. 1 -B Not Bidding ADDITIVE ALTERNATE NO.2-B Not Bidding ADDITIVE ALTERNATE NO. 3-B Not Bidding 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 ® 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: ABBq,DN TRUCTION, LLC (typed or printed) By: (signature--attach evidence of authority to sign) Name: JACOB CARLOS FLORES (typed or printed) Title: PRESIDENT Business address: PC) ROX 451441 1 ARFDO�TFXAS� 79045 Phone: 956-645-5140 Email: BIDS(@ABBACONSTRUCTIONUSA.COM END OF SECTION Compliance to State Law on Nonresident Bidders 003002-1 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BV-C1TV-- PURCHASING DIVISION w~ Cof CITY OF CORPUS CHRISTI Cority pus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Everyquestion must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: ABBA CONSTRUCTION, LLC P.O.BOX: 451441 STREET ADDRESS: 8502 CITY: LAREDO ZIP: 78045 - FIRM IS: I. Corporation 82. Partnership ® 3. Sole Owner ❑ 4. Association 5. Other LLC DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N.A. N.A. 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 N.A. N.A. 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest' constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N.A. N.A. 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. N.A. City of Corpus Christi 003005-1 Disclosure of Interest Rev 01-13-2015 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person; JACOB CARLOS FLORES Title: PRESIDENT (Type or Print) Signature of Certifying Date: Person: 06/13/2018 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 01-13-2016 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: Community Park Development&Improvements Bill Witt Park(Bond 2012)—Re-Bid Proiect No. E14002 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: ABBA CONSTRUCTION, LLC (typed or printed) By: (signature--attach evidence of authority to sign) Name: JACOB CARLOS FLORES (typed or printed) Title: PRESIDENT Business address: P.O. BOX 451441, LAREDO,TEXAS, 78045 Phone: 956-645-5140 Email: BIDS@ABBACONSTRUCTIONUSA.COM END OF SECTION Non-Collusion Certification 003006-1 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 11-25-2013 P&C M 282 1625 )25 SV'--'u1h ri(ur4 S'ml W,)nd5 800q�3 1444 PO 13('.'�y Waco, fvx; " BID BOND Bond No. CNB-31837-00 KNOW ALL MEN BY THESE PRESENTS: THAT we, ABBA Construction, LLC as Principal, hereinafter called the Principal, and INSURORS INDEMNITY COMPANY, Waco, Texas, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Corpus Christi , as Obligee, hereinafter called the Obligee, in the amount of 5 % of the amount of this bid not to exceed 5% of the Greatest Amount Bid Dollars ($ 5% of GAB 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 -Community Park Development and Improvements,Bill Witt Park (Bond 2012)(Re-Bid) E14002 Part A 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 and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give such bond or bonds; 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 June 2018 Principal: A� By: (Seal) (title) Surety: INSURORS INDEMNITY COMPANY (Seal) By:�� Mary Moore, ore, Attorney-in-Fact ty cov) 0h, 4y sNUt"ACir v^r tM VArx,r . POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number. CNB-31837-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the Caws of the State of Texas, and authorized and licensed to do business in the State of Texan and the United States of America, docs hereby make, constitute and appoint Mary Ellen Moore of the City of Corpus Christi State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of document, to-wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; Indemnity in all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. INSURORS INDEMNITY COMPANY M Attest: "t i By: �r Tammy Tieperm4y, Secretary Dave E. Talbert, President State of Texas County of McLennan On the 11th day of November, 2014, before me a Notary Public in the State of Texas, personally appeared Dave E, Talbert and Tammy Tieperman,who being by me duly swom, acknowledged that they executed the above Power of Attorney in their capacities as President, and Corporate Secretary, respectively, of Insurors Indemnity Company, and acknowledged said Power of Attorney to be the voluntary act and deed of theMy. parry. d MM Cater+. saz/a 10 2235MI atary Public, State of Texas Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the fallowing resolutions of the Company adopted by the Board of Directors on November 11, 2014: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seat shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seat shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. 1, Tammy Tieperman, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on November 11, 2014,and that this Resolution is in full force and effect. i certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNiTY COMPANY on this 13th day of June 2018 np r Ta r" y Tieper ecru ark NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWER CF ATTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P. O. BOX 2683,WACO,TEXAS 76702-2683 OR EMAIL US AT ez"rr�FIRIls.A' iCS lgr IN tUPf i :j.(--,0fLA C'Iy(-,G\ ,"I Report Created On:6/13/2018 3:09:48 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Carlos Flores 06/13/2018 11:40:05 AM C'Iy(-,G\ ,"I Report Created On:6/13/2018 3:09:48 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Other Notice to Bidders 6/13/2018 11:26:31 AM Bid Docs E14002 Specifications 6/13/2018 11:26:31 AM Plans E14002 Plans 6/13/2018 11:26:31 AM Other Bidders Worksheet 6/13/2018 11:26:31 AM Bidders Pre Bid Attendance Roster 6/13/2018 11:26:31 AM Addenda Addendum#1 6/13/2018 11:26:31 AM C'I V(-'G\ "I Report Created On:6/13/2018 3:09:48 PM PROJECT: E14002 Community Park Development and Improvements-Bill Witt Park(Bond 2012)REBID BIDDER: ABBA CONSTRUCTION, LLC TOTAL BID: COMPLETION TIME: Not Required BIDDER INFO: P.O. Box 451441 Laredo,TX 78045 P: 9563249343 F:9567178125 00 52 23 AGREEMENT This Agreement, for the Project awarded on July 24,2018, is between the City of Corpus Christi (Owner) and ABBA Construction LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Community Park Development and Improvements-Bill Witt Park(Bond 2012)—Re-Bid Proiect No. E14002 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Martinez,Guy&Maybik, Inc. 6000 S. Staples Street,Suite 207 Corpus Christi,Texas,78413 2.02 The Owner's Representative for this Project is: Joshua Senecal, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd.,#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 180 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 210 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Agreement 005223-1 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 06-22-2016 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 685 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 685 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-Part A $ $282,999.75 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 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 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. Agreement 005223-3 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 06-22-2016 D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 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. Agreement 005223-4 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 06-22-2016 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper 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 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Digitallysigned by Rebecca Huerte Digitally signed by Jeff Edmonds Rebecca H u e rta DN cn=Reb.Herta.=City°f Corpus Christi°u=C y DN cn=Jeff Edmonds,o,—Engineering, Secretary,emaih--rebe h@cdexas.b—GUS email=jeffreye@ccte,as.com,c Us Date.2018.08.14 09.21 05-05'00Date.2018.08.13 10:11:39-05'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2018-119 AUTHORIZED APPROVED AS TO LEGAL FORM: 7�24�1 8 BY COUNCIL 2018.08.0914:23:57 RH/ML Dgt DN Ity­ed by HyS ­H/ eC l@c�te:ae.oma us itysecrerarn - —05'00' Date.2018.08.1311.3747-05'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Digitally sgned by Rebecca Herta Rebecca Huerta DNcn=Rebc=HertahC y cb-Chrstie°=cy sacraU.20180813150944-0ccte.aacem, s ABBA Construction, LLC Date.2018.08.13 15.09 44-05'00' Jacob car�OS Flores Digitally signed by Jacob Carlos Flores (Seal Below) By; Date:2018.07.3008:54:23-05'00' Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief P.O. Box 451441 Financial Officer Address Laredo, TX 78045 City State Zip 956/645-5140 956-717-8125 Phone Fax bids@abbaconstructionusa.com EMail END OF SECTION Agreement 005223-6 Community Park Development& Improvements Bill Witt Park(Bond 2012)—Re-Bid Project No. E14002 Rev 06-22-2016 00 6113 PERFORMANCE BOND BOND NO. CNB -31837-00 Contractor as Principal Name: ABBA Construction, LLC Mailing address (principal place of business): P.O. Box 451441 Laredo, TX 78045 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Community Park Development and Improvements — Bill Witt Park (Bond 2012) ReBid Proiect No. 14002 (Part A) Award Date of the Contract: July 24, 2018 Contract Price: $282,999.75 Bond Date of Bond: AUGUST 1, 2018 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: INSURORS INDEMNITY COMPANY Mailing address (principal place of business): 225 SOUTH FIFTH STREET WACO, TEXAS 76702-2683 Physical address (principal place of business): SAME Surety is a corporation organized and existing under the laws of the state of: TEXAS By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 800-933-7444 Telephone (for notice of claim): SEE ATTACHED Local Agent for Surety Name:HIGGINBOTHAM/SWANTNER & GORDON Address: 500 N. SHORELINE BLVD., SUITE 1200 CORPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Email Address: memoore@higginbotham.net The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800 252-3439 Performance Bond E14002 Community Park Development and Improvements — Bill Witt Park (Bond 2012) ReBid 006113-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: ir./l�� Surety Signature: _ , //,�_ �/ Ari Name: UQCd M :F. -/ ore re s Name: MAR f LLEN MOORE Pre Title: ATTORNEY IN FACT Title: S 1 CIE )1 T Email Address: ro eC-Sly abba COn tvc 1tnEmail Address: memoore@higginbotham. net V SCi _ CO r r (Attach Power of Attorney and place surety seal below) -;; (. l END OF SECTION Performance Bond E14002 Community Park Development and Improvements — Bill Witt Park (Bond 2012) ReBid 006113-2 7-8-2014 1 N POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB -31837-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Mary Ellen Moore of the City of Corpus Christi, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of document, to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity: Indemnity in all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. INSURORS INDEMNITY COMPANY t> Attest: "t,:„...„./'7'x'`.•'.''3 Un.. Tammy Tieperm'r Secretary' State of Texas County of McLennan By: 1 filar• -a. Dave E. Talbert, President On the 110 day of November, 2014, before me a Notary Public in the State of Texas, personally appeared Dave E. Talbert and Tammy Tieperman, who being by me duly sworn, acknowledged that they executed the above Power of Attorney in their capacities as President, and Corporate Secretary, respectively, of Insurors Indemnity Company, and acknowledged said Power of Attorney to be the voluntary act and deed of the o pany. otary Public, State of Texas Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on November 11, 2014: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attomey shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I, Tammy Tieperman, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on November 11, 2014, and that this Resolution is in full force and effect. I certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Witness Whereof, I have set my hand and the seat of INSURORS INDEMNITY COMPANY on this 1st day of August , 2018 &mins Carrell Nosey Mao. State cf Terms ►y Own. Exp. emm Notary 0 223E404 Tarry Tieperm , Secrefar NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P. O. BOX 2683, WACO, TEXAS 76702-2683 OR EMAIL US AT CONFIRMATIONaINSURORS.COM. INS P&C 877 282 1625 goods 80-0 933 7444 IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: You may call Insurors Indemnity Company's toll-free telephone number for information or to make a complaint at: 1-800-933-7444 You may also write to Insurors Indemnity Company at: P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. S IND141.4.111 IS. 225 South Fifth Street PQ sox 2683 Waco, Texas 76702•2681 Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Insurors Indemnity Company's para informacion o para someter una queja al 1-800-933-7444 Usted tanbien puede escribir a Insurors Indemnity Company: P.O. Box 2683 Waco, TX 76702-2683 0 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. insurors'ndemnity.C4iil 00 6116 PAYMENT BOND BOND NO. CNB -31837-00 Contractor as Principal Name: ABBA Construction, LLC Mailing address (principal place of business): P.O. Box 451441 Laredo, TX 78045 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Community Park Development and Improvements — Bill Witt Park (Bond 2012) ReBid Proiect No. E14002 (Part A) Award Date of the Contract: July 24, 2018 Contract Price: $282,999.75 Bond Date of Bond: AUGU$T 1, 2018 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: INSURORS INDEMNITY COMPANY Mailing address (principal place of business): 225 SOUTH FIFTH STREET WACO, TEXAS 76702-2683 Physical address (principal place of business): SAME Surety is a corporation organized and existing under the laws of the state of: TEXAS By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 800-933-7444 Telephone (for notice of claim): SEE ATTACHED Local Agent for Surety Name: HIGGINBOTHAM/SWANTNER & GORDON Address: 500.N. SHORELINE BLVD., SUITE 1200 CORPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Email Address: memoore@higginbotham. net The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800 252-3439 Payment Bond Form E14002 Community Park Development and Improvements — Bill Witt Park (Bond 2012) ReBid 006116-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principa Signature: Surety /jam Signature: l�� el-61-1 )1/072. Name: j2c4 C . -Flares Name: MARY N MOORE Title: Piie,dn Title: ATTORNEY IN FACT Email Address: raver 0Ciim4opci'vehan Email Address: memoore@higginbotham. net USS,cern (Attach Power of Attorney and placesurety seal below) J 'c �,. ENO OF SECTION Payment Bond Form E14002 Community Park Development and Improvements — Bill Witt Park (Bond 2012) ReBid 006116-2 7-8-2014 1 NS MY 11'40I1.1:4,tr COMPAMIie POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB -31837-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Mary Ellen Moore of the City of Corpus Christi, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of document, to -wit: Indemnify, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity: Indemnity in all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. INSURORS INDEMNITY COMPANY By: Dave E. Talbert, President t+ Attest: Tammy TiepermSecretary State of Texas County of McLennan On the 11'" day of November, 2014, before me a Notary Public in the State of Texas, personally appeared Dave E. Talbert and Tammy Tieperman, who being by me duly sworn, acknowledged that they executed the above Power of Attorney in their capacities as President, and Corporate Secretary, respectively, of Insurors indemnity Company, and acknowledged said Power of Attorney to be the voluntary act and deed of the orytpany_ otary Public, State of Texas Sheri amen 99919y Rine, &Rio al Texas IM Comm. Exp. 521)21 Notary m 223689-7 Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on November 11, 2014: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I, Tammy Tieperman, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on November 11, 2014. and that this Resolution is in full force and effect. I certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 1st day of August 2018 Tarr1711Y TTepermaf, Secre ar9' NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWER CF ATTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P. 0. BOX 2683, WACO, TEXAS 76702-2683 OR EMAIL US AT CONFIRMATIONOINSUR.ORS.COM. P&C 877 282 1625 Boards 60.0 933 7444 IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: You may call Insurors Indemnity Company's toll-free telephone number for information or to make a complaint at: 1-800-933-7444 You may also write to Insurors Indemnity Company at: P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@.tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. 11 OIMti111' C••MI'A `r IS •. 225 South Fifth Street PO Box 2683 Waco, Texas 76702-26V Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Insurors Indemnity Company's para informacion o para someter una queja al 1-800-933-7444 Usted tanbien puede escribir a Insurors Indemnity Company: P.O. Box 2683 Waco, TX 76702-2683 0 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. insurorsinclemni ty.corn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 8/6/2018 Higginbotham Insurance Agency,Inc. PO Box 870 Corpus Christi TX 78403 Nicole Ybanez 361-883-1711 361-844-0101 certificates-sr@higginbotham.net United Specialty Insurance Company 12537 ABBAC Texas Mutual Insurance Company 22945AbbaConstruction,LLC PO Box 451441 Laredo TX 78045 AmTrust Insurance Company of Kansas 15954 Burlington Insurance Company 23620 254489275 A X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X DCI0062000 4/15/2018 4/15/2019 2,000,000 C 1,000,000 X X X KPP1052060 4/27/2018 4/27/2019 D X X 1,000,000HFF00074818/3/2018 4/15/2019 1,000,000 X 10,000 B X N 0001237089 5/1/2018 5/1/2019 1,000,000 1,000,000 1,000,000 . See Attached... The City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Christi TX 78401 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: ABBAC 1 1 Higginbotham Insurance Agency,Inc.Abba Construction,LLC PO Box 451441 Laredo TX 78045 25 CERTIFICATE OF LIABILITY INSURANCE The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status per [CG2010 10/01 &CG2037 10/01]. The General Liability policy includes a blanket automatic waiver of subrogation that provides this feature only when there is a written contract between the insured and certificate holder that requires it per [CG2404 10/93]. General Liability policy includes a primary &non-contributory provision only when there is a written contract between the insured and certificate holder that requires such provision per [CG2001 04/13]. Auto Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status per [CA990187 07/15]. Auto Liability policy includes a blanket automatic waiver of subrogation that provides this feature only when there is a written contract between the insured and certificate holder that requires it per [CA990187 07/15]. Auto Liability policy includes a primary provision only when there is a written contract between the insured and certificate holder that requires such provision per [CA990187 07/15]. Additional Insured -Lessor of Leased Equipment -Form CG2028 04/13. Workers'Compensation policy includes a blanket automatic waiver of subrogation that provides this feature only when there is a written contract between the insured and certificate holder that requires it -Form WC420304B. Umbrella Liability is follow form. Project:14002 (Part A)Community Park Development &Improvements -Bill Witt Park (Bond 2012) Policy Number: DCI00620-00 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket as required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. 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 ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 Policy Number: DCI00620-00 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket as required by virtue of written contract. Location And Description of Completed Operations: Additional Premium: (If 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 37 10 01 Policy Number: DCI00620-00 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket as required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV – COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: 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 10 93 © Insurance Services Office, Inc. CG 20 28 04 13 POLICY NUMBER: DCI00620-00 COMMERCIAL GENERAL LIABILITY CG 20 28 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 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 your 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 that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. COMMERCIAL GENERAL LIABILITY DC CGL 004 1115 DC CGL 004 1115 Includes copyrighted material of Insurance Services Office, Inc with its permission.Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED ENTITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART In the event of cancellation, we agree to mail written notice of cancellation at least 30 days (except 10 days for non- payment of premium) before the effective date of cancellation to: 1.Name: The City of Corpus Christi Engineering Services 2.Address: 1201 Leopard Street Corpus Christi, TX 78401 All other terms and conditions remain unchanged. 32/,&<180%(5&200(5&,$/$872 &$  7KLV(QGRUVHPHQW&KDQJHV7KH3ROLF\3OHDVH5HDG,W&DUHIXOO\ &$,QFOXGHV&RS\ULJKWHG0DWHULDORI,QVXUDQFH6HUYLFHV2IILFHV,QF 3DJHRI 8VHGZLWKSHUPLVVLRQ %86,1(66$872&29(5$*((;3$16,21 (1'256(0(17 7KLVHQGRUVHPHQWPRGLILHVLQVXUDQFHSURYLGHGE\WKHIROORZLQJ  %86,1(66$872&29(5$*()250  :LWKUHVSHFWWRFRYHUDJHSURYLGHGE\WKLVHQGRUVHPHQWWKHSURYLVLRQVRIWKH&29(5$*()250DSSO\ XQOHVVPRGLILHGE\WKHHQGRUVHPHQW $ 1HZO\$FTXLUHGRU)RUPHG 2UJDQL]DWLRQV(PSOR\HH+LUHG&DU /LDELOLW\DQG%ODQNHW$GGLWLRQDO,QVXUHG 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