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HomeMy WebLinkAboutC2018-351 - 3/20/2018 - Approved • 2018-351 3/20/18 M2018-037 Abba Construction LLC 00 52 23 AGREEMENT This Agreement,for the Project awarded on March 20,2018, 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: Beach Operations Building Project Number E17059 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Munoz Engineering,LLC 1608 S. Brownlee Boulevard Corpus Christi,Texas 78404 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Road#5 Corpus Christi,Texas 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 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 Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 00 52 23-1 Beach Operations Building—Project Number E17059 Rev 06-22-2016 INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF BEACH OPERATIONS BUILDING PROJECT NUMBER: E17059 iWNUMMMMW MEN= i���tttt�l StAtE �F rE"gs�� �....:.......................:....� �..RAMIRO MUNOZ..III..� ........................ 100346C w. .. Of Corpus Christ 11/06/2017 MUNOZ ENGINEERING, LLC 1608 S. Brownlee Boulevard / Corpus Christi, Texas 78404 / (361) 946-4848 TBPE FIRM NO. F-12240 Record Drawing Number: CP-221 SEPTEMBER 06, 2017 000100 TABLE OF CONTENTS Note to Specifier: Section 00 52 23 "Agreement" must include a list of the Specification Sections in this Table of Contents to legally include these documents into the Contract Documents. Verify that the Table of Contents includes all Specification Sections and Appendices that are part of the Contract Documents. Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 JI„nvitat„ion to Bid and nsti�ulctions tee Bidder (Rev 01-13-2016) .................................................................................................................................................................................................................................................... 00 30 00 .i..d.... :c..I.<ng±d.pdzim.p..!!.1...IE2.!::M(Rev 01-13-2016) 00 30 01 lir Il e !,i;rn (Rev 01-13-2016)(Excel) 00 30 02 �epi..r] .!.!..a..�"!.�:.�"....�o....:St�t.�".....�a ....o.!"!.....IlNe�i�r.!::�”.:`�.!..r�ent,.... .!..d.d.�"!:s 00 30 05 Disclosure of ntrret(Revo1-13-2016) 00 30 06 INe�n CoIlulsieon Cei�tificaIJo ....................................................................................................................................................................... 004516 t„ tr!rnr„irtef ) r„!:fr„!rcr„(Rev 06-22-2016) 00 52 23 !4.g!;CI;YGC„!"YI,(Rev 06-22-2016) 00 61 13 erfed„!,,!,rnancce I ern (Rev 01-13-2016) 006116 a y.!:n.p (Rev 01-13-2016) 00 72 00 lu.ene„!, „I C o„nd.J.IJons.,(Rev 3-23-2015)(PDF) 00 72 01 nsu arYce „�C( UIIre.r lents (Rev 06-22-2016) 00 72 02 /. ..x. .....„LIPE . ...II.:. ....9.!I.!..!...0 rn. nt`” (Rev 06-12-2015) 00 72 03 ..MJ.n...2.!ri.t:. ... .... . .. .... .... . .. ....Ili. ..l::t!. .!..I. .t.!. ..!!.....I:).O.�.IC (Rev 01-13-2016) 00 73 00 S.!..1 .1 .1.. .!: p:. .!!.t,....!:: .... r !!.! .!.t:!.. ..!!.. 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(Rev 01-13-2016) 01 31 13 JI:.!:: .u..r t �22.1::!�.!..nat:.!.o..n 013114I! !! rr!rnent 01 33 00 Doc.!..!:rti:. ..!!.t:...I .a..!"!. .. . ..!: p:. ..!!.t: 01 33 01 Submittal a�eg.istr�„!, (Rev7/3/2014)(Excel) 01 33 02 S.I::I.o.1 ..... .!:: . ..I..1:1.. : Table of Contents 000100- 1 Beach Operations Building—Project Number E17059 Rev 06-22-2016 Division Title Section 013500 Sj .p..Lial Procedures nt 015700 Fe rn.1. END OF SECTION Table ofContents 000100-2 Beach Operations Building—Project Number E17O59 Rev 06-22-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: New Beach Operations Building Owner's Project Identification No. E17059 A. This contract provides for the installation of a New Modular Office Building to be installed and TDI certified on a New Concrete Foundation to meet all Local,State, and Federal Building Codes. 1. Building Requirements: a. TX State label for mixed occupancy 1) 2015 IBC Coded. 2) Entry Ramp per ADA and TAS. 3) 149 mph and exposure D wind rated per 2015 IBC codes. 4) Provide stamped letter from PE regarding the building structure meeting requirements as stated above. 5) Concrete Foundation and windstorm connections as per structural design. b. Four(4) offices with locking doors and acoustic insulation in interior walls. C. Four(4) additional work spaces. d. One(1)ADA compliant unisex restroom. 1) Lavatory Sink. 2) Stained Solid Wood Custom Base Cabinets. 3) Stained Wood ADA Apron at sink. 4) Laminate countertop. e. Break area. 1) Double Bowl Sink. 2) Stained Solid Wood Custom Base Cabinets. 3) Stained Solid Wood ADA Apron at sink. Invitation to Bid and Instructions to Bidders 002113-1 E17059—New Beach Operations Building Rev 04-13-2017 4) Laminate countertop. 5) Stained Wood Overhead Cabinets. f. I.T. Closet. g. One(1) Conference room. 1) Approx. size 18'x 18' 2) Electrical receptacle and data box at 72"A.F.F. h. Lobby area. 2. Approximate Size: a. 42'x 45' b. Not to exceed 2000 SF 3. Exterior Walls a. Min. 2 x 6 wall framing at 10'Tall. b. R-21 Kraft face insulation. C. Commercial Wrap. d. 7/16" Smart Panel. e. 5/8"Vinyl covered gypsum on interior of walls. 4. Interior Walls a. 2 x 4 wall framing at 8'Tall. b. 5/8"Vinyl covered gypsum—8'tall c. All columns to be concealed. d. 4"Vinyl wall base. 5. Windows: a. Exterior: 1) Vinyl—Low E(66) 2) ADA Sash 3) Storm rated up to 159 mph. 4) 2044 Standard size. b. Interior: 1) Fixed window in metal jamb. 2) 3040 Standard size. 6. Doors: a. Exterior: 1) 3068 with 10"x 10"window Invitation to Bid and Instructions to Bidders 002113-2 E17059—New Beach Operations Building Rev 04-13-2017 2) Hollow Metal 3) Metal Jamb 4) Metal Frame 5) Closer 6) Kick plate a) 10"x 34" b) Stainless Steel 7) Latch guard 8) Entry Lock a) Grade 2 9) Deadbolt Lock a) Grade 2 b) Single cylinder b. Interior: 1) Standard a) 3068 Prefinished Imperial Oak b) Hollow Core c) Metal Jamb d) Door Stops e) Lock set (1) Passage set—Grade 2 (2) Lever handle 2) I.T. Closet a) 2668 Prefinished Imperial Oak b) Solid Core c) Metal Jamb d) Door Stops e) Lock set (1) Passage set—Grade 2 (2) Lever handle 7. HVAC a. Designed in accordance with 2014 NEC,2015 IBC, 2015 IMC, 2015 IFC, 2015 IPC, 2015 IECC, Current ADA/TAS requirements,and Windstorm. Invitation to Bid and Instructions to Bidders 002113-3 E17059—New Beach Operations Building Rev 04-13-2017 b. Coated condenser and evaporator coils. C. Salt resistant finish on all cabinet parts, inside and out. d. Units to be installed on NW side of building. e. Electric Heating and Cooling. 1) Sized in compliance with all Authorities Having Jurisdiction. f. Programmable thermostat. g. Fiberglass duct board. h. Supply grille: 1) 24 x 24 Lay-In with damper i. Return grille: 1) 24 x 24 Perforated Lay-In j. Fully ducted return air system to plenum walls. 8. Lighting a. Interior: 1) 2 x 4 troffer LED 2) 2 x 4 troffer LED with battery back-up 3) Occupancy Sensors(EMT) a) Minimum 900 Lumens b) 5000K Color Temp. b. Exterior: 1) 12w LED with Photo Control. C. Emergency Lights: 1) Remote heat—exterior. 2) Exit/Emergency Light Remote capable- Red 9. Electrical a. Panel: 1) 1 PH, Nema 1, Internal, 125 Amp. b. Raceway: 1) EMT with Green Ground C. Phone/Data 1) Standard a) 2 x 4 1-Box with W conduit. 2) I.T. Room Invitation to Bid and Instructions to Bidders 002113-4 E17059—New Beach Operations Building Rev 04-13-2017 a) 4 x 4 J-Box with mud ring and 1" conduit stubbed up through floor and to above ceiling for data in and out. B. The removal of adjacent existing dilapidated modular office building. Select site demolition will be required. C. Disconnecting existing utilities from existing modular office building and reconnecting to New Modular Office Building. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $358,000.00. The Project is to be substantially complete and ready for operation within 120 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project will be made available using the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this link. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than Wednesday,06 December 2017 by 2:00 p.m.to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.CivCastUSA.com. 3.04 When submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—New Beach Operations Building, Project No. E17059 Invitation to Bid and Instructions to Bidders 002113-S E170S9—New Beach Operations Building Rev 04-13-2017 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at Wednesday,06 December 2017 by 2:00 p.m., at the following location: City Hall Building— City of Corpus Christi Third Floor Smart Board Meeting Room 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday 28 November 2017 at 3:00 pm at the following location: Beach Operations Building, Behind Fire Station No. 16 8185 Highway 361 Corpus Christi,Texas 78418 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. Invitation to Bid and Instructions to Bidders 002113-6 E17059—New Beach Operations Building Rev 04-13-2017 B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data, that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the assigned City Project Manager as per direction in 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. Invitation to Bid and Instructions to Bidders 002113-7 E17059—New Beach Operations Building Rev 04-13-2017 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 7 below. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent(5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid 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. Invitation to Bid and Instructions to Bidders 002113-8 E17059—New Beach Operations Building Rev 04-13-2017 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 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. Invitation to Bid and Instructions to Bidders 002113-9 E17059—New Beach Operations Building Rev 04-13-2017 ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in 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. Invitation to Bid and Instructions to Bidders 002113-10 E17059—New Beach Operations Building Rev 04-13-2017 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 14 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax-exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process, the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at httpWwww.cctexas.com/government/city-secretary/conflict- disclosure/index. Invitation to Bid and Instructions to Bidders 002113-11 E17059—New Beach Operations Building Rev 04-13-2017 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 httpsW. www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 7. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. 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. Invitation to Bid and Instructions to Bidders 002113-12 E17059—New Beach Operations Building Rev 04-13-2017 I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost is 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 002113-13 E17059—New Beach Operations Building Rev 04-13-2017 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental X Required ❑ Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation >3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges E Required ❑ Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment E Required ❑ Not Required Insurance Requirements 007201-1 Beach Operations Building—Project Number E17059 Rev 06-22-2016 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements 007201-2 Beach Operations Building—Project Number E17059 Rev 06-22-2016 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; Insurance Requirements 007201-3 Beach Operations Building—Project Number E17059 Rev 06-22-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The Insurance Requirements 007201-4 Beach Operations Building—Project Number E17059 Rev 06-22-2016 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements 007201-S Beach Operations Building—Project Number E17059 Rev 06-22-2016 endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable Insurance Requirements 007201-6 Beach Operations Building—Project Number E17059 Rev 06-22-2016 property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.06 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 007201-7 Beach Operations Building—Project Number E17059 Rev 06-22-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted Insurance Requirements 007201-8 Beach Operations Building—Project Number E17059 Rev 06-22-2016 directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; Insurance Requirements 007201-9 Beach Operations Building—Project Number E17059 Rev 06-22-2016 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 007201-10 Beach Operations Building—Project Number E17059 Rev 06-22-2016 r Uf' I I 009101 ADDENDUM NUMBER 01 --- -._...__._....._........_............................................._._...._...__._..._.._ _ -...._..... ___.......................__...._.......-................._.............-................_........._......... _- ------- Project: Beach Operations Building_._...._........_............_._._........... .........._.. __...- Project Number: Owner: City of Corpus Christi , ................. .......................... ................. E17059 City Engineer: J.H. Edmonds, P.E. Designer: Munoz Engineering, LLC_______.__.....___–....__..___._______.__.___._ 170110 ------... ....._ ..--_. – Addendum No. 1 — Specification Section: 00 9101 Issue Date: 12/01/2017 ......_........._ __._ .......... 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 Addendum. Approved by: Ramiro Munoz 111, PE Munoz Engineering, LLC 12/01/2017 Name Date Addendum Items: SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM–Article 6 adjusted to correct the contract times. SECTION 00 30 01 BID FORM–Item C3 CONCRETEQ SIDEWALK–Adjusted due to building location moved 14 ..*,�„ `, linear feet to the north to allow for existing building to * ” ' �`'�" •'' remain. :.- ' SECTION 00 52 23 AGREEMENT–Article 3 adjusted to * A RAMIRO �MU ICIZ III �` correct the contract times. ..............................I4 Remove sheets 136(Cover), 139–140(00 0100 Table of pry`•. 100346 ��1�/ Contents) as these are duplicate sheets within the Contract "e►•.PCENSi��---�+.,,,; � Documents. " ,"/ "�" Construction Drawings: Sheet 5 of 12 02.00 EXISTING g ( ) t CONDITIONS& DEMOLITION &SITE, GRADING & UTILITY PLAN–The proposed building and all improvements are to be adjusted north to allow for the existing buildings addition on the rear to remain during construction. This f adjustment will require for an additional 60 square feet of concrete sidewalk for a total of 210 square feet. s I J. n TBPE Firm F-22240 I--------------...._._..........__.........................._....-._... _..._... --- --- – f� Addendum No.O1 009101- 1 f Beach Operations Building—Project Number E17059 Rev 01-13-2016 l Addendum No.01 00 9101-2 Beach Operations Building—Project Number E17059 Rev 01-13-2016 BIDDING REQUIREMENTS 1.02 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.03 MODIFICATIONS TO THE BIDDING REQUIREMENTS A. SECTION 0030 00 BID ACKNOWLEDGEMENT FORM: DELETE: SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and SECTION 00 30 01 BID FORM in their entirety ADD: SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and SECTION 00 30 01 BID FORM in their entirety(Attachment Al and A2). B. SECTION 00 52 23 AGREEMENT: DELETE: SECTION 00 52 23 AGREEMENT in its entirety ADD: SECTION 00 52 23 AGREEMENT in its entirety(Attachment A3). ARTICLE 2—MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. NOT APPLICABLE ARTICLE 3- MODIFICATIONS TO THE DRAWINGS A. Construction Drawings: Sheet 5 of 12 (C2.00) EXISTING CONDITIONS& DEMOLITION &SITE, GRADING & UTILITY PLAN—The proposed building and all improvements are to be adjusted north to allow for the existing buildings addition on the rear to remain during construction. This adjustment will require for an additional 60 square feet of concrete sidewalk for a total of 210 square feet. END OF ADDENDUM NO. 01 Addendum No.01 00 9101-3 Beach Operations Building—Project Number E17059 Rev 01-13-2016 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 (type or print name of company) on: Wednesday.06 December 2017 by 2:00 p.m.for BEACH OPERATIONS BUILDING— PROJECT NUMBER: E17059. 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 - Beach Operations Building—Project Number E17059 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 Bid Acknowledgement Form 003000- 1 Beach Operations Building—Project Number E17059 AI)I: �I J\4 �o.(:I1 Rev 01-13-2016 A l l AC 1 I I\Ill I"!I I"�0 (;I 1 AAI',; 1 of ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Bid Acknowledgement Form 003000-2 Beach Operations Building—Project Number E17059 A o.(D Rev 01-13-2016 A I AC II\I lE I"!I I"�0 (;I1 AAI;;; 2 of 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 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 120 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Bid Acknowledgement Form 003000-3 Beach Operations Building—Project Number E17059 A o.(D Rev 01-13-2016 A l l AC 1 I I\Ill I"!I I"�0 (;I 1 AAI;; 3 of Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing Bid Acknowledgement Form 003000-4 Beach Operations Building—Project Number E17059 A 1111 allfl o.(D Rev 01-13-2016 A I AC II\I lE Vel I I�0 (';I1 AAI:; 4 of body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: (typed or printed full legal name of Bidder) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Attest: (individual's signature) State of Residency: Federal Tax Id. No. Address for giving notices: Phone: Email: (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 003000-5 Beach Operations Building—Project Number E17059 AI.)I..)L..I"lI kl.J\4 I"Jo.(:I1 Rev 01-13-2016 A l l AC 1 I I\41::: I"!I I"�0 (D 1 AAI 5 of 00 30 01 BID FORM Project Beach Operations Building Name: Project E17059 Number: Owner: City of Corpus Christi Bidder: OAR: Designer: Munoz Engineering, LLC. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRIDE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 A2 Contractor Home Office Overhead & Profit (HOH) (%) LS 1 A3 Field Office Overhead(FOH) (%) (Includes LS 1 A4 Payment Bond LS 1 A5 Performance Bond LS 1 A6 Permits LS 1 A7 Storm Water Pollution Prevention Plan LS 1 A8 Ozone Action Day DY 2 SUBTOTAL PART A-GENERAL(Items Al thru A8) Part B-SITE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 131 Pre-Manufactured Building LS 1 B2 Cabinets/Countertops LS 1 B3 Sinks and Fixtures LS 1 B4 Doors (Interior) LS 1 B5 Doors (Exterior) LS 1 B6 IT Door EA 1 B7 Windows LS 1 B8 Lighting LS 1 B9 HVAC LS 1 B10 Electrical LS 1 B11 MIS LS 1 B12 Building Foundation &Windstorm Connections LS 1 B13 Swing Gates LS 1 B14 Site Clearing AC 0.5 B15 Site Excavation SY 1 B16 Select Demolition (existing building) LS 1 B17 Fencing (Safety/SWPPPs) LS 1 B18 Restripe Parking Area LS 1 B19 JAsbestos Survey LS 1 SUBTOTAL PART B-SITE IMPROVEMENTS(Items B1 thru B19) Bid Form Page 1 of 2 Beach Operations Building—Project Number E17059 AI)I: �;:klJ\4 I"Jo x:'11 Rev 01-13-2016 AI IAC1II\Ill I"!I I,�0 (;2 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY I I AMOUNT Part C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 Concrete Ramp LS 1 C2 Wood Ramp LS 1 C3 Concrete Sidewalk SF 2.'.1,0 C4 Handicap Sign EA 1 SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 THRU C4) Part D-WATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 Water Service Connection and Reroute LS 1 SUBTOTAL PART D-WATER IMPROVEMENTS(Items D1 THRU D1) Part E-WASTEWATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 1wastewater Service Connection and Reroute I LS 1 SUBTOTAL PART E-WASTEWATER IMPROVEMENTS(Items E1 THRU E1) Part F-ELECTRICAL IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 Electrical Service Connection and Reroute LS 1 SUBTOTAL PART F-ELECTRICAL IMPROVEMENTS(Items F1 THRU F1) Part G-ALLOWANCES(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 Unanticipated Work LS 1 SUBTOTAL PART F-ALLOWANCES(Items G1 THRU G1) BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A8) SUBTOTAL PART B-SITE IMPROVEMENTS (Items B1 thru B19) SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 THRU C4) SUBTOTAL PART D-WATER IMPROVEMENTS(Items D1 THRU D1) SUBTOTAL PART E-WASTEWATER IMPROVEMENTS(Items E1 THRU E1) SUBTOTAL PART F- ELECTRICAL IMPROVEMENTS (Items F1 THRU F1) TOTAL PROJECT BASE BID(PARTS A THRU F) Contract Times Bidder agrees to reach Substantial Completion in 1 120 Idays Bidder agrees to reach Final Completion in 1 150 Idays Bid Form Page 2 of 2 Beach Operations Building—Project Number E17059 AI.)I..)L..I"lI kl.J\4 IJo.x:1 Rev 01-13-2016 A l l ACC 11\Ill I� I I"J0 00 52 23 AGREEMENT This Agreement, for the Project awarded on [insert Award Date], is between the City of Corpus Christi (Owner) and (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Beach Operations Building Project Number E17059 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Munoz Engineering, LLC 1608 S. Brownlee Boulevard Corpus Christi,Texas 78404 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E. 4917 Holly Road#5 Corpus Christi,Texas 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties Agreement 005223- 1 Beach Operations Building—Project Number E17059 A: Jo (H Rev 06-22-2016 A I I AC II\Ill II" I I"J0 (;I3 AAI 1 of 6 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$500.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$500.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. Agreement 005223-2 Beach Operations Building—Project Number E17059 A: Jo (H Rev 06-22-2016 A I I AC II\Ill II" I I"J0 (;I3 AAI: 2 of 6 C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; Agreement 005223-3 Beach Operations Building—Project Number E17059 A: Jo (H Rev 06-22-2016 A I I AC II\Ill II" I I"J0 (;I3 AAI 3 of 6 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper Agreement 005223-4 Beach Operations Building—Project Number E17059 Al: 1 MIM Jo 01 Rev 06-22-2016 A I I AC II\Ill II" I I"J0 03 AAI 4 of 6 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 Beach Operations Building—Project Number E17059 A: Jo (H Rev 06-22-2016 A I I AC II\Ill II" I I"J0 (;IS AAI of 6 ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services APPROVED AS TO LEGAL FORM: Janet L. Kellogg Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Address City State Zip Phone Fax EMail END OF SECTION Agreement 005223-6 Beach Operations Building—Project Number E17059 Jo (H Rev 06-22-2016 A I I AC II\Ill II" I I"J0 (;I3 AAI:6 of 6 r 1 009101 ADDENDUM NUMBER 02 r Project: Beach Operations Building Project Number: E17059 ... . OwY Owner: Cit of Corpus Christi city ' Engineer: J.H.g Edmonds, P.E. Designer: Ramiro Munoz, PE—Munoz Engineering LLC Addendum No. 02 Specification Section: 009101 Issue Date: December 6, 2017_ Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this j Addendum. Approved by: i f J.H. Edmonds, P.E. i Addendum Items: To delay bid opening by one week. New bid date: December 13 2017 i 1 ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgment Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgment Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS B. SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS—Article 3; SECTION 00 30 00 BID ACKOWLEDGM ENT FORM—Article 1: 1. The date for receipt of Bids has been changed to Wednesday, December 13, 2017. The time and location for the receipt of Bids remains unchanged. END OF ADDENDUM NO. 02 1, Addendum No.02 00 91 01-1 f Beach Operations Building—Project No. E17059 Rev 01-08-16 I; 009101 ADDENDUM NUMBER 03 ...................................... . .......... ................. Project: Beach Operations Building Project Number: ............ --ve Owner: City of Corpus ChristiE17059 ............ _. ......... --—------ City Engineer: J.H. Edmonds, Pt- ------ .... Designer: Munoz Engineering, LLC 170110 .............. . .. .............. ................ -—-—--------------- Addendum No. 3 Specification Section; 009101 Issue Date: 12/06/2017 ............ ............ ........... .................. 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 Addendum. Approved by: 6W Name Date Of Addendum Items: ........... ..... RAMIRO . SECTION 00 30 01 BID FORM-Item GI Unanticipated Work I .............. ................... Include amount of Allowance. Pool 100,346 4 ,4 *W ...... AW ow 44 TBPE FirF-12240 ........... ............. ................. ..................................... .......... ................ ...... Addendum No.03 009101-1 Beach Operations Building-Project Number E17059 Rev 01-13-2016 BIDDING REQUIREMENTS 1.02 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.03 MODIFICATIONS TO THE BIDDING REQUIREMENTS A. SECTION 00 30 01 BID FORM: DELETE: SECTION 00 30 01 BID FORM in its entirety ADD: SECTION 00 30 01 BID FORM in its entirety(Attachment Al). ARTICLE 2—MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. NOT APPLICABLE ARTICLE 3-MODIFICATIONS TO THE DRAWINGS NOT APPLICABLE END OF ADDENDUM NO.03 Addendum No.03 00 9101-2 Beach Operations Building—Project Number E17059 Rev 01-13-2016 00 30 01 BID FORM Project Name: New Beach Operations Building Project Number: E17059 Owiner: (City of Corpus Christi Bidders BOAR: Ernesto De La Garza., P.E. Designer:JIMunoz Engineering Basis of Bid It mii DESCRIlPTION UNIT ESTIMATED UNNTPRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 $ - $ A2 Contractor Home Office Overhead & Profit(MOH)(f) $ $ LS 1 A3 Field Office Overhead(FOH)(%)(Includes Subcontractor Markup) LS 1 A4 Payment Bond LS 1 $ $ A5 Performance Bernd LS 1 $ A6 Permits LS 1 $ A7 Storm Water Pollution Prevention Plan LS 1 $ - $ A$ Ozone Action Day DY 2 $ - $ - SUBTOTAL PART A-GENERAL(items Al thru A8) $ Part B-Building(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Pre-Manufactured Building LS 1 $ $ B2 Cabinets/Countertops LS 1 $ B3 'Sinks and Fixtures LS 1 $ - B4 Doors(Interior) LS 1 $ - B5 Doors(Exterior) LS 1 $ $ m B6 IT Door EA 1 $ $ B7 Windows LS 1 $ - $ - BB Lighting LS 1 $ _ $ B9 HVAC LS 1 $ $ - B10 Electrical L5 1 $ $ - B11 IMIS LS 1_ $ B12 Building Foundation&Windstorm Connections LS 1 $ W B13 Swing Gates LS 1 $ $ B14 Site Clearing AC 0.5 $ $ B1.5 Site Excavation SY 1 $ - B16 Select Demolition (existing buOding) LS 1 $ L 7 Fencing(Safety/SWPPPs) LS 1 $ $ 8 Restripe Parking Area LS 1 $ - $ 9 Asbestos Survey LS 1 $ $TAL PART B-GENERAL(Items Bt thru 1319) ADi`IENDU11'3l No. 03 Bid Form A I I AC"I-il lEN I No,Al, Page 1 of 3 E1,7o59-New Beach Operations Building PAGE ;I o ;3 Rey 01-z3.a,r:,6 00 30 01 BID FORM ItetttESTINtAT EXTENDED UNIT UNIT PRICE QUANTITY AMOUNT Part C-ADA IMPROVEMENTS (per SECTION 0123 10 ALTERNATES AND ALLOWANCES)' C1 Concrete Ramp LS 1 C2 Wood Ramp LS 1 $ _ - C3 Concrete Sidewalk SF 210 - C4 Handicap Sign EA 1 _ $ SUBTOTAL PART C-ADA IMPROVEMENTS (Items C1 thru C4 Part 17-WAITER IMPROVEMENTS (per SECTION 0123:10 ALTERNATES AND ALLOWANCES) D1 lWater Service Connection and Reroute LS 1 $ SUBTOTAL PART D-WATER IMPROVEMENTS (items D1 thru D1) Part E-WASTEWATER IMPROVEMENTS (per SECTION 0123 10ALTERNATES AND ALLOWANCES) E1 lwastewater Service Connection and Reroute LS 1 - $ SUBTOTAL PART E-WASTEWATER IMPROVEMENTS (Items E1 thru E1) - Part f-ELECTRICAL IMPROVEMENTS (per SECTION 0123 10 ALTERNATES AND ALLOWANCES) F1 Electrical Service Connection and Reroute LS 1 $ Is SUBTOTAL PART F-ELECTRICAL IMPROVEMENTS (items F1 thru Fl) - Part G-ALLOWANCES (per SECTION 012310 ALTERNATES AND ALLOWANCES) G1 jUnanticipated Work LS 1 1 $ 10,000.00 10,000.0o SUBTOTAL PART G-ALLOWANCES (Items G1 thru G1) 10,000.00 I:,II'DENDUM No.03 Bid Form A17ACHMENT No,A1 Page 2 of 3 E17059—New Beach Operations Building PAGE 2 of 3 RevOl-13-2016 00 30 01 BID FORM' ESTIMATED EXTENDEDlternu DESCRIPTION SNIT �INITEB4CE QUANTITY AMOUNT ........... ..... BID SUiMMARY SUBTOTAL PART A-GENERAL (Items Al thru A8) SUBTOTAL PART B-BUILDING(Items 131 thru B19) SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 thru C4) $ SUBTOTAL PART D-WATER IMPROVEMENTS(Items D1 thru Dl) SUBTOTAL PART E-WASTEWATER IMPROVEMENTS(Items E1 thru E1) SUBTOTAL PART F-ELECTRICAL IMPROVEMENTS(Items F1 thru F1) SUBTOTAL PART G-ALLOWANCES(Items G1 thru G1) 10,000,00 TOTAL.PROJECT BASE BID(PARTS A TFIRU C) Contract Times Bidder agrees to reach Substantial Completion in 120 Idays Bidder agrees to reach Final Completion in 150 Idays ADDENDUM No, 03 Bid Form A1"I"ACIHMEN'I"Nay,Al Page 3 of 3 E17059—New Beach Operations Building PA(,3 of 3 Rev 0113-2016 C'Iy(-'G\ "I Report Created On:12/13/2017 2:30:32 PM PROJECT: E17059 New Beach Operations Building BIDDER: ABBA CONSTRUCTION, LLC TOTAL BID: $399,777.00 COMPLETION TIME: Not Required BIDDER INFO: P.O. Box 451441 Laredo,TX 78045 P: 9563249343 F:9567178125 003000 BID ACKNOWLEDGEMENT FORM ARTICLE I—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by ABBA[DNSTRU[T|ON LL[ (type orprint name uf company) on: .hmrBEA[HOPER4T|ONSBU|LD|NG— PRCUE[TNUK4BER:E17059. 1.02 Submit Bids, Bid Security and 'all attachments to the Bid (See Section 7.01 below)tothe City's electronic bidding website at . If submitting hard copy bids or bid security in the form of a cashier's or certified check, please sendtw The City ofCorpus Christi,Texas City Secretary's Office 12O1Leopard Street Corpus Christi,Texas 7@4O1 Attention: City Secretary Bid - Beach Operations Building—Project Number E17059 All envelopes and packages (including FEDEXenvelopes) must clearly identify, onthe OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2—B|DOERS'S ACKNOWLEDGMENTS 3.01 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 oras 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 ofthe Contract Documents, 2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 INVITATION AND INSTRUCTIONS TOBIDDERS, including those dealing with required Bonds. The Bid will remain subject toacceptance for 9Odays after the opening ofBids. 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 ofthe following Addenda: Addendum No. Addendum Date Signature Ackrowledging Receipt 12/05/201-7 2 12/05/2017 3 12/05/2017 Bid Acknowledgement Form 003000'1 Beach Operations Building—Project Number E17059 Rev 01-1.3-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified inthe Bidding Documents. 102 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 ofthe 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 inreports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent tothe Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known 1oBidder; B. Information commonly known tocontractors doing business in the locality ofthe Site; C. Information and observations obtained from visits tothe 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 ufsuch information, observations, and documents on: A. The cost, progress, and performance ofthe Work; B. The means, methods,techniques, sequences, and procedures of construction to be employed byBidder; 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. 3D8 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates tothe Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known tothe 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. Bid Acknowledgement Form 003000-2 Beach Operations Building—Project Number El7O59 Rev 01-13-2016 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 isacceptable tothe Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing ofthe 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 bythe 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 beused tocompute the actual Bid price. ART|CLEG—EVALUAT|ONOF 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 rnet 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 subr-nitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination ofthe Contract. Additionally, the Bidder will beliable tothe 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 besubstantially completed within 60 days after the date when the Contract Times commence to run as provided in Paragraph 4.61 of the General Bid Acknowledgement Form 003000'3 Beach Operations Bui|ding—Project NumberEl7059 Rev o1'azo16 Conditions, Bidder will complete the Work required for final payment inaccordance with Paragraph 1.5.06 of the General Conditions within 90 days after the date when the Contract Times commence 1orun. 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 ofdays indicated, ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TOBIDDERS,the following are made ocondition nfthis Bid: A. Bid Security. B. SECTION OU3O0] BID ACKNOWLEDGEMENT FORM and documentation ofsignatory authority. C. SECTION 003OO1BID FORM. D. SECTION 0J3OO2COMPLIANCE TOSTATE LAW ONNONRESIDENT BIDDERS. E. SECTION 8O3OO5DISCLOSURE OFINTEREST. F. SECTION OD3OO6NON'U]LLUQONCERTIFICATION, - 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 ofterms with initial capital letters isdescribed 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 1O—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number inthe Bid Form, 10.03 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included inthe 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 individua|(s)signing the Bid must have the authority tobind 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 tosubmit the Bid and tosign onbehalf ofthe Bidder, 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority nurnber issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing Bid Acknowledgement Form OOSO0O-4 Beach Operations Building—Project Number E17059 Rev oz'z+mz6 body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents onbehalf ofthe Bidder. Bidders using anassumed name (an "a|ias") shall submit acopy ofthe Certificate ofAssumed Name orsimilar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business inTexas, Nonresident Bidders that have previously registered with the Texas Secretary ofState may submit acopy oftheir Certificate ofAuthority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid issubmitted by: Bidder CONSTRUCTI LLC (typed or printedfull legal name of Bidder) By� ' (individual's signature) Name: JACOB (typed or printed) Title: PRESIDENT (typed or printed) Attest: (individual's signature) State ofResidency: TEXAS Federal Tax Id. No. Address for giving notices: LAREDO,TEXAS 78045 Phone: 956-645-5140 Email: bido��abbaomnst,ucjionusa.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 ofacorporation, partnership, orjoint venture.) END OF SECTION Bid Acknowledgement Form 003000 5 Beach Operations Building—Project Number E17059 Rev 01-11201.6 C'I V(_,G\ ,"I Report Created On:12/13/2017 2:30:32 PM BID TOTALS BASE BID Total Part A $99,900.00 Part B $266,047.00 Part C $11,830.00 Part D $3,000.00 Part E $4,500.00 Part F $4,500.00 Part G $10,000.00 Total $399,777.00 BASE BID Part A No. Description Unit Qty Unit Price Ext Price Al Mobilization LS 1 $7,000.00 $7,000.00 A2 Contractor Home Office Overhead& LS 1 $58,000.00 $58,000.00 Profit(HOH)(%) A3 Field Office Overhead(FOH)(%) LS 1 $24,000.00 $24,000.00 (Includes Subcontractor Markup) A4 Payment Bond LS 1 $2,750.00 $2,750.00 A5 Performance Bond LS 1 $2,750.00 $2,750.00 A6 Permits LS 1 $2,500.00 $2,500.00 A7 Storm Water Pollution Prevention Plan LS 1 $1,500.00 $1,500.00 Ozone Action Day DY 2 $700.00 $1,400.00 n 0 Sub Total: $99,900.00 Part B No. Description Unit Qty Unit Price Ext Price B1 Pre-Manufactured Building LS 1 $132,945.00 $132,945.00 B2 Cabinets/Countertops LS 1 $3,149.00 $3,149.00 B3 Sinks and Fixtures LS 1 $1,325.00 $1,325.00 B4 Doors(Interior) LS 1 $3,662.00 $3,662.00 B5 Doors(Exterior) LS 1 $1,684.00 $1,684.00 B6 IT Door EA 1 $335.00 $335.00 C'I V(-,G\ ,"I Report Created On:12/13/2017 2:30:32 PM Part B No. Description Unit Qty Unit Price Ext Price B7 Windows LS 1 $5,200.00 $5,200.00 B8 Lighting LS 1 $6,475.00 $6,475.00 B9 HVAC LS 1 $16,584.00 $16,584.00 B10 Electrical LS 1 $7,077.00 $7,077.00 B11 MIS LS 1 $5,000.00 $5,000.00 B12 Building Foundation&Windstorm LS 1 $50,003.00 $50,003.00 Connections B13 Swing Gates LS 1 $2,000.00 $2,000.00 B14 Site Clearing AC 0.5 $20,000.00 $10,000.00 B15 Site Excavation SY 1 $13,108.00 $13,108.00 B16 Select Demolition (existing building) LS 1 $2,500.00 $2,500.00 B17 Fencing (Safety/SWPPPs) LS 1 $1,500.00 $1,500.00 B18 Restripe Parking Area LS 1 $1,000.00 $1,000.00 B19 Asbestos Survey LS 1 $2,500.00 $2,500.00 Sub Total: $266,047.00 Part C No. Description Unit Qty Unit Price Ext Price C1 Concrete Ramp LS 1 $2,800.00 $2,800.00 C2 Wood Ramp LS 1 $7,000.00 $7,000.00 C3 Concrete Sidewalk SF 210 $8.00 $1,680.00 Handicap Sign EA 1 $350.00 $350.00 E 0 Sub Total: $11,830.00 Part D No. Description Unit Qty Unit Price Ext Price D1 Water Service Connection and LS 1 $3,000.00 $3,000.00 Reroute Sub Total: $3,000.00 Part E No. Description Unit Qty Unit Price Ext Price E1 Wastewater Service Connection and LS 1 $4,500.00 $4,500.00 Reroute C'I V(-,G\ ,"I Report Created On:12/13/2017 2:30:32 PM Part E No. Description Unit Qty Unit Price Ext Price Sub Total: $4,500.00 Part F No. Description Unit Qty Unit Price Ext Price F1 Electrical Service Connection and LS 1 $4,500.00 $4,500.00 Reroute Sub Total: $4,500.00 Part G No. Description Unit Qty Unit Price Ext Price G1 Unanticipated Work LS 1 $10,000.00 $10,000.00 Sub Total: $10,000.00 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ® 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: 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: 8502 SPRING VALLEY CIR LAREDO,TEXAS 78045 Phone: 956-645-5140 Email: bids@abbaconstructionusa.com END OF SECTION Compliance to State Law on Nonresident Bidders 003002-1 Beach Operations Building—Project Number E17059 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires allpersons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: ABBA CONSTRUCTION, LLC STREET P. O. BOX: 451441 ADDRESS CITY: LAREDO STATE: TEXAS ZIP: 78045 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other 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." NName Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee NA 4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Consultant NA City of Corpus Christi 00 30 05 — 1 Beach Operations Building—Project Number E17059 Rev 01-13-2016 FILING REQUIREMENTS If a person who re nests 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 C.FLORES Title: PRESIDENT (Type or Print) Signature of Certifying Person: Date: 12/05/2017 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. £ "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 00 30 05 — 1 Beach Operations Building—Project Number E17059 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: Beach Operations Building Project Number E17059 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: i (signature--attach evidence of authority to sign) Name: JACOB CARLOS FLORES (typed or printed) Title: PRESIDENT Business address: 8502 SPRING VALLEY CIR LAREDO,TEXAS 78045 Phone: 956-645-5140 Email: bids@abbaconstructionusa.com END OF SECTION Non-Collusion Certification 003006-1 Beach Operations Building—Project Number E17059 11-25-2013 6T!""!........"' I S ,,. L") ,P&C &77 282 1625 " a J S'4e¢sth rift f rtwe" Y al Pf 8,,5 BINS BOND Bond No. CNB-30404-00 KNOW ALL MEN BY THESE PRESENTS: THAT w , ARBA 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 Cit of Cor us Christi _ as Obligee, hereinafter called the Obligee, in the amount of 5 % of the amount of this bid not to exceed a of the Greatest Amount Bid Dollars ( 5% of G.A. ), 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 New Beach O erations Buildin Pro'ect No. 8.17059 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 6th day of December 2017 Principal: By: (Seal) Surety: INSURORS INDEMNITY COMPANY (Seal) By: ,.. Mary 811Moore, Attorney-in-Fact f, � // / f Gw.fvp Ph,'9k r ,Y nl V b 1f p,. POWER OF ATTORNEYINSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS. Number, CNB-30404-00 That IN SURORS 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'T'exas and the United States of America, does hereby make, constitute and appoint , Mar Ellen Macara;of the Cid of Car us Christi State of TX as Attorney in Fact, with full power and authority hereby conferred upon hire 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 execrate consents and waivers to modify or change or extend any bond or document executed for this Company, INSUtS INDEMNITY COMPANY Attest: Tan'y'Tieperm Secretary Clave E. Talbert, President � State of Texas County of McLennan On the 111h day of November, 2014, before me a Notary Public in the State of Texas, personally appeared Dave E. Talbert and Tammy Tieperman,who beim by me duly sworn„ acknowledged that they executed the above-Power of Attorney in their capacities as President, and Corporate Secretary, respectively, of Insurers Indemnity Company, and acknowledged said Power of attorney to be the voluntary art and deed of the ornparay. otary PubPic, State of'Texas . .._ rta wsI Insurers Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the hoard of Directors on November 11, 2014; RESOLVED, that all boards, 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 mower 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 shadl be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in pact 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 ars Executive Officer and sealed and attested to by the Secretary or Assistant.. Secretary of the Company. I, Tammy Tiepermaan, Secretary of Insurers 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 1'1, 2014, and that this Resolution is in full force and effect, I certify that the foregoing Rawer of Attorney is in fall 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�0th day of _. _ December 2017 a �u0 r I h1n'y Tiepr ecrel a NOTE; IF YOU HAVE ANY QUESTION REGARDING THE VAL ID[TY'w R WORDING OF THIS POWER OF ATTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P„ Oa BOX 2683,WACO,TEXAS 76702-2663 OR EMAIL Us AT (U.'Mf IR f I+ ,N ' ,II9E0).p,"'0R S,� 0k' , C'Iy(-,G\ ,"I Report Created On:12/13/2017 2:30:33 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Carlos Flores 12/05/2017 21:41:36 PM Carlos Flores 12/12/2017 11:45:28 AM Carlos Flores 12/12/2017 11:45:29 AM C'Iy(-,G\ ,"I Report Created On:12/13/2017 2:30:33 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E17059 Specifications 12/04/2017 1:48:02 PM Other Bidders Worksheet 12/04/2017 1:42:59 PM Plans E17059 Plans 12/04/2017 1:58:35 PM Bidders Pre Bid Attendance Roster 12/04/2017 3:09:43 PM Addenda Addendum#1 12/04/2017 3:09:44 PM Addenda Addendum#2 12/12/2017 11:51:43 AM Addenda Addendum#3 12/12/2017 11:51:44 AM 00 52 23 AGREEMENT This Agreement, for the Project awarded on March 20,2018, 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: Beach Operations Building Project Number E17059 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Munoz Engineering, LLC 1608 S. Brownlee Boulevard Corpus Christi,Texas 78404 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Road#5 Corpus Christi,Texas 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 005223- 1 Beach Operations Building—Project Number E17059 Rev 06-22-2016 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$500.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$500.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 399,777.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. Agreement 005223-2 Beach Operations Building—Project Number E17059 Rev 06-22-2016 C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; Agreement 005223-3 Beach Operations Building—Project Number E17059 Rev 06-22-2016 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper Agreement 005223-4 Beach Operations Building—Project Number E17059 Rev 06-22-2016 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 Beach Operations Building—Project Number E17059 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Rebecca H Uert3 0�9"°'�y=�9°°°�'°°°°°°"°°� Digitally signed by Jeff Edmonds SN°°-"°e°°°°�°°n°o-"w°t,..,.-US °°�w Jeff Edmonds s °`°"° °"-'°°°° 9..°`°'° °° °s Date:2018.04.17 11:01:00-05'00' o°�°:zst asa.za ss:so as�ssss� Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2018-037 APPROVED APPROVED AS TO LEGAL FORM: 3/20/1 8 BY COUNCIL 2018.04.1618:02:25 RH/ML Dili Illy Hq.Ln11 by CityS 1 fir, :cn RHmse o ce,s.com, ou city secretary, l /._% -05'00' ate 2 og 1@°°texA6-05°Ds Date:2018.04.19 08:15 46-05'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR ABBA Construction, LLC Jacob Carlos FioreS Digitally signed by Jacob Carlos Flores (Seal Below) By. l� Date:2018.03.2112:39:00-05'00' 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 Beach Operations Building—Project Number E17059 Rev 06-22-2016 00 6113 PERFORMANCE BOND BOND NO. CNB -30404-00 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: Beach Operations Building — Proiect E17059 Award Date of the Contract: March 20. 2018 Contract Price: 5399.777.00 Bond Date of Bond: MARCH 21, 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 Beach Operations Building Proj E17059 00 61 13 -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: Surety Signature: iia ev'� Name: A c QS C. 1'l, 02.-E4- Name: MAR LLENMOORE Title: ?IEPI ( Title: ATTORNEY IN FACT Email Address: a bbo..CoA4YJci ic."0y,1 t.7 .cca .cc Email Address: memoore@higginbotham. net (Attach Power of Attorney and place surety seal below) ✓ ; .F i END OF SECTION Performance Bond Beach Operations Building Proj E17059 006113-2 7-8-2014 1NS IriLf1.tNIIV ll)MPAIlII POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB -30404-00 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 By: Dave E. Talbert, President Attest: Tammy Tieperm rSecretary" State of Texas County of McLennan 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 pany. Notary 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 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 Attomey 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 21st day of March , 2018 . Snarri camp. WOW? Mae. 81sts alTeems My COMM Exp. &21R1 Notary in 7 • • Tammy Tiepern�art, S'ecretar9 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 CONFIRMATION�IINSURORS.COM. 1.NS P&C 877 282 1625 Bonds 800933 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. 17.^1M1'MIIY COMMA 225 South Fifth Street PO Box 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.aov 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. insUrorsindemniP .corn 00 6116 PAYMENT BOND BOND NO. CNB -30404-00 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: Beach Operations Building — Project E17059 Award Date of the Contract: March 20, 2018 Contract Price: S399,777.00 Bond Date of Bond: MARCH . 21,. 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@higainbotham.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 Beach Operations Building Proj 617059 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 Principal4 Signature: r I� g Surety Signature: (942r-1777472(--- Name: 3 A cup G. LAD Q-ES Name: MARY LEN MOORE Title: "Te.0s1 -iar Title: ATTORNEY IN FACT Email Address: 0. INA ,,.-j-XL-t-�p a� cc,.� Email Address: memoore@hicgcrinbotham.net (Attach Power of Attorney and place surety seal below) C •: \ i `. .. •���'�� .._moi .. END OF SECTION Payment Bond Form Beach Operations Building Proj E17059 006116-2 7-8-2014 1NSt. IND[ -IN1 e Y L.-3 L'. MrANet1 POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB -30404-00 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 au:hority 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 Attest: ..Aaeravit4 L ,./P Tammy Tieperm Secretary" By: i c":40-4� Dave E. Talbert, President State of Texas County of McLennan 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. lid 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 seal of INSURORS INDEMNITY COMPANY on this 21st day of March , 2018 . Tamm Tieperrt aft, Secreta 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 CONFIRMATION(d)IfdSURORS.COM. 1 . 1 INS P88C 877 282 1625 Hoods 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@a,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,c►MMK11r r00.1rrS.iit 225 South Fifth Street PO Box 2683 Waco, Texas 76702.2683 Para obtener informacion o para someter una queja: Usted puede hamar 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. insurorsindernnity.corn S1928 1st Edition GENERAL CHANGE ENDORSEMENT TE 99 04 A (ED.11-87) This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective Policy No. Named Insured Countersigned by (Authorized Representative) This endorsement changes the policy in the following particulars: FORM TE 99 04 A -GENERAL CHANGE ENDORSEMENT Texas Standard Automobile Endorsement Prescribed November 1,1987 90-1928 1ST EDITION 7-88 E-98 S1928101 PAGE 1 OF 1 19-42-35J 60582-93-3304/27/18 ABBA CONSTRUCTION,LLC 8502 SPRING VALLEY CIR LAREDO TX 78045-8410 ADDED ADDITIONAL INSURED: E17059 BEACH OPERATIONS BUILDING CITY OF CORPUS CHRISTI - ENGINEERING SERVICES 1201 LEOPARD ST CORPUS CHRISTI TEXAS 78401 ADDED WAIVER OF SUB FOR: E17059 BEACH OPERATIONS BUILDING CITY OF CORPUS CHRISTI - ENGINEERING SERVICES 1201 LEOPARD ST CORPUS CHRISTI TEXAS 78401 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. J7120 1st Edition BUSINESS AUTO EXTENSIONS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. Section II -Liability Coverage is amended as follows:A. 1.The following is added to Paragraph A.1.Who Is An Insured: Blanket Additional Insured Each person or organization with whom you agree,by virtue of a written contract or agreement, to provide insurance is an "insured",but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy: (1)Provided that the contract or agreement is signed and executed by you prior to the "bodily injury"or "property damage"loss;and (2)The contract or agreement is in effect during the policy period. Section IV -Business Auto Conditions is amended as follows:B. 1.The following is added to Paragraph A.5.Transfer Of Rights Of Recovery Against Other To Us: Blanket Waiver Of Subrogation We waive our right of recovery that we may have against a person or organization,but only to the extent that this is required of you by a written contract or agreement that is signed and executed prior to any "accident"or "loss".This waiver applies only to the person or organization designated in such contract or agreement. 2.The following is added to Paragraph B.5.Other Insurance: Primary And Noncontributory This insurance will be primary 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; (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; (3)This contract or agreement is signed and executed by you prior to when the "bodily injury"or "property damage"occurs;and (4)This written contract or agreement is in effect during the policy period. This endorsement is part of your policy.It supersedes and controls anything to the contrary.It is otherwise subject to all the terms of the policy. 93-7120 1ST EDITION 9-15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.J7120101 PAGE 1 OF 1 POLICY NUMBER:COMMERCIAL AUTO CA 04 03 06 04 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective:Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name and Address of Additional Insured: (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.Who Is An Insured (Section II)is amended to C.You are authorized to act for the additional in- include as an "insured"the person(s)or organiza-sured named in the Schedule or Declarations in all tion(s)shown in the Schedule,but only with re-ma tters pertaining to this insurance. spect to their legal liability for acts or omissions of D.We will mail the additional insured named in the a person for whom Liability Coverage is afforded Schedule or Declarations notice of any cancella- under this policy. tion of this policy.If we cancel,we will give 10 B.The additional insured named in the Schedule or days notice to the additional insured. Declarations is not required to pay for any prem i- E.The additional insured named in the Schedule or ums stated in the policy or earned from the policy. Declarations will retain any right of recovery as a Any return premium and any dividend,if applica- claimant under this policy. ble,declared by us shall be paid to you. CA 04 03 06 04 ©ISO Properties,Inc.,2003 Page 1 of 1 60582-93-33 04/27/18 ABBA CONSTRUCTION,LLC E17059 BEACH OPERATIONS 1201 LEOPARD ST CORPUS CHRISTI,TX 78401 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. E3153 1st Edition CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective:Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name Of Person(s)Or Organization(s): Additional Premium $ (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 does not apply to the person(s)or organization(s)shown in the Schedule.We will retain the additional premium shown above,regardless of any early termination of this endorsement or the policy. This endorsement is part of your policy.It supersedes and controls anything to the contrary.It is otherwise subject to all the terms of the policy. 91-3153 1ST EDITION 6-06 E3153101 Page 1 of 1 E3153-ED1 04/27/18 ABBA CONSTRUCTION,LLC E17059 BEACH OPERATIONS BUILDING THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. E3153 1st Edition CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective:Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name Of Person(s)Or Organization(s): Additional Premium $ (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 does not apply to the person(s)or organization(s)shown in the Schedule.We will retain the additional premium shown above,regardless of any early termination of this endorsement or the policy. This endorsement is part of your policy.It supersedes and controls anything to the contrary.It is otherwise subject to all the terms of the policy. 91-3153 1ST EDITION 6-06 E3153101 Page 1 of 1 E3153-ED1 04/27/18 ABBA CONSTRUCTION,LLC CITY OF CORPUS CHRISTI ENGINEERING SERVICES 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 4/3/2018 Higginbotham Insurance Agency,Inc. dba Swantner &Gordon Insurance Agency,LLC PO Box 870 Corpus Christi TX 78403-0870 Nicole Ybanez 361-883-1711 361-844-0101 certificates-sr@higginbotham.net Greenwich Insurance Company 22322 ABBAC Abba Construction,LLC PO Box 451441 Laredo TX 78045 1540320823 A Contractors Pollution Legal Liability 7201671 4/15/2018 4/15/2019 Ea.Poll.Condition Aggregate $1,000,000 $1,000,000 Location:8385 Hwy 361,Port Aransas,TX 78373 (Nueces County) 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 Contractors Pollution Legal Liability policy provides automatic waiver of subrogation and additional insured status including a primary &non-contributory provision to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status per Form 123ocCP 05/11 -Legal Liability Master Policy. Contractors Pollution Legal Liability policy includes an endorsement providing that 30 days’notice of cancellation will be furnished except 10 days’notice of nonpayment of premium per Form IXI 403 02/12,in favor of the Certificate Holder. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CANCELLATION © 1993-2015 ACORD CORPORATION. All rights reserved.ACORD 27 (2016/03) The ACORD name and logo are registered marks of ACORD THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PROPERTY INFORMATION LOCATION/DESCRIPTION COVERAGE INFORMATION COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE PHONE(A/C, No, Ext): (A/C, No):FAX E-MAILADDRESS: AGENCY THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. CUSTOMER ID #:AGENCY SUB CODE:CODE: INSURED LOAN NUMBER POLICY NUMBER TERMINATED IF CHECKED CONTINUED UNTILEXPIRATION DATEEFFECTIVE DATE THIS REPLACES PRIOR EVIDENCE DATED: COMPANY DATE (MM/DD/YYYY)EVIDENCE OF PROPERTY INSURANCE REMARKS (Including Special Conditions) MORTGAGEE ADDITIONAL INSURED LOSS PAYEE ADDITIONAL INTEREST NAME AND ADDRESS AUTHORIZED REPRESENTATIVE LOAN # PERILS INSURED BASIC BROAD SPECIAL LENDER'S LOSS PAYABLE 4/3/2018 361-883-1711 Higginbotham Insurance Agency,Inc. dba Swantner &Gordon Insurance Agency,LLC PO Box 870 Corpus Christi,TX 78403-0870 361-844-0101 nybanez@higginbotham.net Indemnity Insurance Co.of North America Abba Construction,LLC PO Box 451441 Laredo,TX 78045 I10610813001 04/15/2018 07/15/2018 8385 Hwy 361,Port Aransas,TX 78373 (Builder's Risk) Building -New Construction *5%Windstorm or Hail Deductible 100%Coinsurance Flood Exclusions Applicable $399,777 $5,000* Builder's Risk policy includes waiver of subrogation per Form IM 7050 08/12 -Builder's Risk Coverage. Builder's Risk policy includes additional insured endorsement that provides additional insured status per Form IM7850 01/12,in favor of the Certificate Holder. X The City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Christi TX 78401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CANCELLATION © 1993-2015 ACORD CORPORATION. All rights reserved.ACORD 27 (2016/03) The ACORD name and logo are registered marks of ACORD THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PROPERTY INFORMATION LOCATION/DESCRIPTION COVERAGE INFORMATION COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE PHONE(A/C, No, Ext): (A/C, No):FAX E-MAILADDRESS: AGENCY THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. CUSTOMER ID #:AGENCY SUB CODE:CODE: INSURED LOAN NUMBER POLICY NUMBER TERMINATED IF CHECKED CONTINUED UNTILEXPIRATION DATEEFFECTIVE DATE THIS REPLACES PRIOR EVIDENCE DATED: COMPANY DATE (MM/DD/YYYY)EVIDENCE OF PROPERTY INSURANCE REMARKS (Including Special Conditions) MORTGAGEE ADDITIONAL INSURED LOSS PAYEE ADDITIONAL INTEREST NAME AND ADDRESS AUTHORIZED REPRESENTATIVE LOAN # PERILS INSURED BASIC BROAD SPECIAL LENDER'S LOSS PAYABLE 4/12/2018 361-883-1711 Higginbotham Insurance Agency,Inc. dba Swantner &Gordon Insurance Agency,LLC PO Box 870 Corpus Christi,TX 78403-0870 361-844-0101 nybanez@higginbotham.net Indemnity Insurance Co.of North America Abba Construction,LLC PO Box 451441 Laredo,TX 78045 UM00063124MA18A 04/15/2018 07/15/2018 8385 Hwy 361,Port Aransas,TX 78373 (Builder's Risk &Installation Floater)Per Form HBM 050 0612 Building -New Construction *5%Windstorm or Hail Deductible Valuation -Replacement Cost No Coinsurance Flood Exclusions Applicable $399,777 $5,000* Builder's Risk &Installation Floater policy includes additional insured endorsement that provides additional insured status per Form XL-1A 06/02,in favor of the Certificate Holder. Builder's Risk &Installation Floater policy includes waiver of subrogation per Form XL-1A 06/02,in favor of the Certificate Holder. X The City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Christi TX 78401 INSURED This section is for policy: Assembled-on Date: Assembled-on Time: Full Policy Number: Transaction Number: Operator id: TRANSACTION: BANNRI BANNRI0 60582-93-33 04/06/18 01:52:30 6058293330018 002 A8AV1 ENDORSEMENT CM057071 07 ADDRCP-AGT 08-05 AGTADDCPTX78041POBOX2527,GrandRapids,MI.49501-2527PRODUCER#:07194235JMANUELBENAVIDES4001MCPHERSON#105LAREDO AGTADDXPPOBOX2527,GrandRapids,MI.49501-2527PRODUCER#:07194235JMANUELBENAVIDES4001MCPHERSON#105LAREDOTX78041 ADDRCP-INS 5-99 INSADDCPTX78041MANUELBENAVIDES4001MCPHERSON#105LAREDOPRODUCER#:07194235JABBACONSTRUCTION,LLC8502SPRINGVALLEYCIRLAREDOTX78045-8410 MANUELBENAVIDES4001MCPHERSON#105LAREDOTX78041ABBACONSTRUCTION,LLC8502SPRINGVALLEYCIRLAREDOTX78045-8410 ® A Part Of The Farmers Insurance Group Of Companies POLICY DECLARATIONS BUSINESS AUTO ITEM ONE Named Insured Mailing Address Policy Number From Policy Period To 12:01 A.M.Standard time at your mailing address shown above. In return for the payment of premium and subject to all the terms of this policy,we agree with you to provide insurance as stated in this policy.We provide insurance only for those Coverages described and for which a specific limit of insurance is shown. Your Agent 56-6190 1ST EDITION 06-16 C6190101 566190-ED1 Farmers Texas County Mutual Insurance Company Home Office:6301 Owensmouth Ave.,Woodland Hills,CA 91367 v 01.00 ABBA CONSTRUCTION,LLC 8502 SPRING VALLEY CIR LAREDO,TX 78045-8410 60582-93-33 04-27-2018 04-27-2019 Manuel Benavides 4001 Mcpherson #105 Laredo,TX 78041 (956)725-5901 Email:mbenavides@farmersagent.com License #:902250 Page 1 of 8 Policy Number:Effective Date: ITEM TWO -SCHEDULE OF COVERAGES AND COVERED AUTOS *This policy provides only those coverages where a charge is shown in the premium column below.Each of these coverages will apply only to those "autos"shown as covered "autos"."Autos"are shown as covered "autos"for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. *Covered Auto Designation Symbols Coverage PremiumLimitOfInsurance **Premium for Other Coverages and Endorsements Total Premium **For details of "Other Coverages",see ITEM FOUR,ITEM FIVE,and POLICY FORMS AND ENDORSEMENTS. C6190102 56-6190 1ST EDITION 06-16 566190-E1B 04-27-2018 60582-93-33 Liability 7 $1,000,000 $4,043 Medical Payments 7 See ITEM THREE $128 Comprehensive 7 Actual Cash Value or Cost of Repair,whichever is $1,145 less,minus applicable deductible for each covered auto.But no deductible applies to loss caused by Fire or Lightning.See ITEM FOUR for hired or borrowed "Autos". Collision 7 Actual Cash Value or Cost of Repair,whichever is $2,489 less,minus applicable deductible for each covered auto.See ITEM FOUR for hired or borrowed "Autos". Towing And Labor 7 $500 $57 $252 $8,114 Page 2 of 8 Policy Number: Effective Date: ITEM THREE -SCHEDULE OF COVERED AUTOS YOU OWN (DETAIL) Covered Auto No.:VIN: Description:Garaging Zip: Coverage PremiumLimitOfInsuranceOrDeductible Vehicle Total Premium Covered Auto No.:VIN: Description:Garaging Zip: Coverage PremiumLimitOfInsuranceOrDeductible Vehicle Total Premium 56-6190 1ST EDITION 06-16 C6190104 566190-E1D 60582-93-33 04-27-2018 003 571BE142XDM001457 2001 LARK 78045 Comprehensive $500 Deductible $28 Collision $500 Deductible $72 $100 004 1N6BA1F44GN514224 2016 NISSAN TITAN XD S 78045 Liability $1,304$1,000,000 Medical Payments $32$5,000 Comprehensive $359 $500 Deductible Collision $794$500 Deductible Towing And Labor $19 $500 Rental Reimbursement $84 $30 per day,30 days $2,592 Page 3 of 8 Policy Number: Effective Date: ITEM THREE -SCHEDULE OF COVERED AUTOS YOU OWN (DETAIL) Covered Auto No.:VIN: Description:Garaging Zip: Coverage PremiumLimitOfInsuranceOrDeductible Vehicle Total Premium Covered Auto No.:VIN: Description:Garaging Zip: Coverage PremiumLimitOfInsuranceOrDeductible Vehicle Total Premium 56-6190 1ST EDITION 06-16 C6190104 566190-E1D 60582-93-33 04-27-2018 005 JN8AY2NF9H9301139 2017 NISSAN ARMADA 78045 Liability $1,000,000 $1,304 Medical Payments $5,000 $32 Comprehensive $500 Deductible $370 Collision $500 Deductible $829 Towing And Labor $500 $19 Rental Reimbursement $30 per day,30 days $84 $2,638 006 1N6BA1F44GN513459 2016 NISSAN TITAN XD S 78045 Liability $1,304$1,000,000 Medical Payments $32$5,000 Comprehensive $359 $500 Deductible Collision $794$500 Deductible Towing And Labor $19 $500 Rental Reimbursement $84 $30 per day,30 days $2,592 Page 4 of 8 Policy Number: Effective Date: ITEM THREE -SCHEDULE OF COVERED AUTOS YOU OWN (DETAIL) Covered Auto No.:VIN: Description:Garaging Zip: Coverage PremiumLimitOfInsuranceOrDeductible Vehicle Total Premium Covered Auto No.:VIN: Description:Garaging Zip: Coverage PremiumLimitOfInsuranceOrDeductible Vehicle Total Premium 56-6190 1ST EDITION 06-16 C6190104 566190-E1D 60582-93-33 04-27-2018 007 432GN302251011240 2005 FALCON TRAILERW 78045 Liability $1,000,000 $131 Medical Payments $5,000 $32 Comprehensive $0 Deductible $29 $192 Page 5 of 8 Policy Number:Effective Date: ITEM FOUR -HIRED OR BORROWED COVERED AUTO Cost of hire means the total amount you incur for the hire of "autos"you don't own (not including "autos"you borrow or rent from your employees or their family members).Cost of hire does not include charges for services performed by motor carriers of property or passengers. Liability Coverage Rating Basis,Cost Of Hire Estimated Annual Cost Of Hire For Each State State Premium Subtotal Physical Damage Coverage Limit Of Insurance And Deductible Estimated Annual Cost Of Hire Coverage Premium Subtotal ITEM FIVE -NON-OWNERSHIP LIABILITY Non-Ownership Liability covers bodily injury or property damage arising out of the maintenance or use of a non-owned automobile in the business by any person other than the insured. Named Insured's Business Number PremiumRatingBasis Number of Employees Other than a Social Service Agency Number of Partners Number of Employees Social Service Agency Number of Volunteers Subtotal 56-6190 1ST EDITION 06-16 566190-E1E C6190105 60582-93-33 04-27-2018 Page 6 of 8 Policy Number:Effective Date: POLICY FORMS AND ENDORSEMENTS TitleNumber LOSS PAYEES Countersigned (Date) By Authorized Representative 56-6190 1ST EDITION 06-16 C6190106 566190-E1F 60582-93-33 04-27-2018 Farmers Privacy Notice25-9200 Reminder-Review Your Coverages25-9230ED2 Additional Conditions56-5223ED5 Business Auto Coverage FormCA00010310 Texas ChangesCA01960312 Texas Changes Canc And Non RenCA02431113 Addl Named InsuredCA04030604 Exclusion Of TerrorismCA23840106 Silica Or Silica-Related Dust ExCA23940306 Auto Medical Payment CoverageCA99030306 Rental Reimbursement CoverageCA99230310 Supplementary Death BenefitCA99951201 Farm Tow CoverageE2013-ED1 Family Exclusion FormE2015-ED2 Waiver Of SubrogationE3153-ED1 Common Policy ConditionsIL00171198 Two Or More Coverage FormsJ6738-ED1 Amendment To Additional InsuredJ7106-ED2 Business Auto ExtensionsJ7120-ED1 Additional Benefits And ServicesJ7153-ED1 Policy ChangesS1928-ED1 No Covg-Cert Computer Rel LossesS1966-ED1 Rideshare And Carshare ExclusionW2178-ED1 Page 7 of 8 Policy Number:Effective Date: DRIVERS THAT ARE LISTED UNDER THIS POLICY License State Driver License #First Name Last Name Excluded drivers will be listed in the Excluded Driver Endorsement or Restriction Endorsement,if attached. 56-6190 1ST EDITION 06-16 C6190108 566190-E1H 60582-93-33 04-27-2018 Carlos TX XXXXXX3084Flores Carmen TX XXXXXX9005Flores Carlos TX XXXXXX4221Flores Jessica TX XXXXXX6751Flores Page 8 of 8 S1928 1st Edition GENERAL CHANGE ENDORSEMENT TE 99 04 A (ED.11-87) This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective Policy No. Named Insured Countersigned by (Authorized Representative) This endorsement changes the policy in the following particulars: FORM TE 99 04 A -GENERAL CHANGE ENDORSEMENT Texas Standard Automobile Endorsement Prescribed November 1,1987 90-1928 1ST EDITION 7-88 E-98 S1928101 PAGE 1 OF 1 19-42-35J 60582-93-3304/27/18 ABBA CONSTRUCTION, LLC 8502 SPRING VALLEY CIR LAREDO TX 78045-8410 NUMBER OF DAYS NOTICE 30 DAYS ADD ADDITIONAL INTEREST AND E3153 (WAIVER OF SUB) ADDITIONAL INSURED - CA04030604 ADDITIONAL NAMED INSURED E17059BEACH OPERATION BUILDING CITY OF CORPUS CHRISTI 1201 LEOPARD ST CORPUS CHRISTI, TX 78401 2001 LARK VIN: 571BE142XDM001457 2016 NISSAN TITAN XD S VIN: 1N6BA1F44GN514224 2017 NISSAN ARMADA VIN: JN8AY2NF9H9301139 2016 NISSAN TITAN XD S VIN: 1N6BA1F44GN513459 2005 FALCON TRAILERW VIN: 432GN302251011240 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. J7120 1st Edition BUSINESS AUTO EXTENSIONS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. Section II -Liability Coverage is amended as follows:A. 1.The following is added to Paragraph A.1.Who Is An Insured: Blanket Additional Insured Each person or organization with whom you agree,by virtue of a written contract or agreement, to provide insurance is an "insured",but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy: (1)Provided that the contract or agreement is signed and executed by you prior to the "bodily injury"or "property damage"loss;and (2)The contract or agreement is in effect during the policy period. Section IV -Business Auto Conditions is amended as follows:B. 1.The following is added to Paragraph A.5.Transfer Of Rights Of Recovery Against Other To Us: Blanket Waiver Of Subrogation We waive our right of recovery that we may have against a person or organization,but only to the extent that this is required of you by a written contract or agreement that is signed and executed prior to any "accident"or "loss".This waiver applies only to the person or organization designated in such contract or agreement. 2.The following is added to Paragraph B.5.Other Insurance: Primary And Noncontributory This insurance will be primary 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; (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; (3)This contract or agreement is signed and executed by you prior to when the "bodily injury"or "property damage"occurs;and (4)This written contract or agreement is in effect during the policy period. This endorsement is part of your policy.It supersedes and controls anything to the contrary.It is otherwise subject to all the terms of the policy. 93-7120 1ST EDITION 9-15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.J7120101 PAGE 1 OF 1 POLICY NUMBER:COMMERCIAL AUTO CA 04 03 06 04 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective:Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name and Address of Additional Insured: (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.Who Is An Insured (Section II)is amended to C.You are authorized to act for the additional in- include as an "insured"the person(s)or organiza-sured named in the Schedule or Declarations in all tion(s)shown in the Schedule,but only with re-ma tters pertaining to this insurance. spect to their legal liability for acts or omissions of D.We will mail the additional insured named in the a person for whom Liability Coverage is afforded Schedule or Declarations notice of any cancella- under this policy. tion of this policy.If we cancel,we will give 10 B.The additional insured named in the Schedule or days notice to the additional insured. Declarations is not required to pay for any prem i- E.The additional insured named in the Schedule or ums stated in the policy or earned from the policy. Declarations will retain any right of recovery as a Any return premium and any dividend,if applica- claimant under this policy. ble,declared by us shall be paid to you. CA 04 03 06 04 ©ISO Properties,Inc.,2003 Page 1 of 1 60582-93-33 04/27/18 ABBA CONSTRUCTION,LLC E17059BEACH OPERATION BUILDING 1201 LEOPARD ST CORPUS CHRISTI,TX 784012120 This endorsement modifies insurance provided under the: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. A.The following Exclusion is added to your policy: Rideshare,Carshare,And Delivery Exclusion Applicable To All Coverages 1.This insurance does not apply to any coverage under this policy for any loss or accident that occurs while a covered auto is being used in a personal car sharing program,or a commercial ridesharing program. 2.This Risdeshare,Carshare,And Delivery Exclusion does not apply to a share-the-expense car pool,or for reimbursement of operating expenses only. 3.This exclusion does not apply to a covered auto with any State Motor Carrier Permit or U.S.Department of Transportation (USDOT)number while the auto is used for hauling property only. B.The following Definitions are added to your policy: 1.Commercial ridesharing program means an arrangement or activity through which persons or property are transported for a fee: a.Commencing when a driver of a covered auto logs onto an online enabled application or platform as a driver to accept transportation requests for passengers or property for compensation. b.Passengers or property are in or upon the covered auto used for this request. c.Ending when the passengers and property are not in or upon the covered auto and the driver logs off of the online enabled application or platform. 2.Personal car sharing program means a business in which persons or legal entities are engaged in the business of facilitating the sharing of covered autos for temporary use by individuals. a.Commencing when a driver of a covered auto starts to drive the auto to deliver it to a prearranged renter or a prearranged location for pick up by a renter. b.While the renter has care,custody,and control of the auto. c.Ending when the covered auto is returned,and under care,custody,and control of the insured. This endorsement is part of your policy.It supersedes and controls anything to the contrary.It is otherwise subject to all the terms of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. W2178 1st Edition RIDESHARE,CARSHARE,AND DELIVERY EXCLUSION W2178-ED1 01-17 Includes copyrighted material of Insurance Services Office,Inc.with its permission.Page 1 of 1 94 -2178 W2178101 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. E3153 1st Edition CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective:Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name Of Person(s)Or Organization(s): Additional Premium $ (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 does not apply to the person(s)or organization(s)shown in the Schedule.We will retain the additional premium shown above,regardless of any early termination of this endorsement or the policy. This endorsement is part of your policy.It supersedes and controls anything to the contrary.It is otherwise subject to all the terms of the policy. 91-3153 1ST EDITION 6-06 E3153101 Page 1 of 1 E3153-ED1 04/27/18 ABBA CONSTRUCTION,LLC E17059BEACH OPERATION BUILDING CITY OF CORPUS CHRISTI THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. E3153 1st Edition CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective:Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name Of Person(s)Or Organization(s): Additional Premium $ (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 does not apply to the person(s)or organization(s)shown in the Schedule.We will retain the additional premium shown above,regardless of any early termination of this endorsement or the policy. This endorsement is part of your policy.It supersedes and controls anything to the contrary.It is otherwise subject to all the terms of the policy. 91-3153 1ST EDITION 6-06 E3153101 Page 1 of 1 E3153-ED1 04/27/18 ABBA CONSTRUCTION,LLC POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. J7106 2nd Edition AMENDMENT OF ADDITIONAL INSURED This endorsement modifies insurance provided under the: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name Of Additional Insured Person Or Organization: J7106-ED2 03-16 Page 1 of 2IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. 93-7106 J7106201 60582-93-33 E17059BEACH OPERATION BUILDING CITY OF CORPUS CHRISTI ENGINEERING SERVICES The person or organization listed above is added to the Schedule of the following endorsement: Additional Insured and Loss Payee Additional Insured -Garages -Grantor of Franchise Additional Insured -Lessor of Leased Equipment Owners of Garage Premises Kansas Additional Insured -Garages -Grantor of Franchise Texas Additional Insured Texas Lessor Additional Insured and Loss Payee (Limited Coverage) Virginia Lessor -Additional Insured and Loss Payee Waiver of Rights Recovery Other This endorsement is part of your policy.It supersedes and controls anything to the contrary.It is otherwise subject to all the terms of the policy. Page 2 of 2J7106-ED2 03-16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 93-7106 J7106202 X