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HomeMy WebLinkAboutC2017-528 - 10/23/2017 - NA 2017-528 10/23/17 JE Construction Services FMAC TASK ORDER AGREEMENT This FACILITIES MULTIPLE AWARD CONTRACT TASK ORDER AGREEMENT(ORDER) is between the City of Corpus Christi, a Texas home-rule municipal corporation (CITY), acting through its duly authorized City Manager or designee, the Director of Engineering Services or City Engineer, and )E Construction Services (CONTRACTOR), acting by and through its duly authorized representative, Grant Dietze (Name), Vice-President (Title). The parties agree as follows: 1. This ORDER is issued under the Facilities Multiple Award Contract Master Agreement signed on July 26, 2016, pursuant to Request For Proposals No. 2016- 04. All terms and conditions of the Master Agreement pertain to this ORDER. 2. CONTRACTOR was selected for award of this ORDER under Request for Task Order Proposal (RFTOP) No. E17063. 3. CONTRACTOR shall construct and complete certain improvements in accordance with the plans and specifications described in Exhibit"A"(attached and incorporated herein), perform all work as provided in said plans and specifications, and do such additional work as may be considered necessary to complete the work in a satisfactory and acceptable manner (the "Work"). The CITY reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable. Authorization for all changes must be made in writing. The CONTRACTOR shall furnish all labor, tools, material, machinery, equipment and incidentals necessary to the prosecution of the Work unless otherwise provided by the written terms of the plans and specifications. 4. The work described in Exhibit "A" shall be completed within 210 Calendar Days of Notice To Proceed. 5. 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 4 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): a. Substantial Completion: Contractor shall pay Owner $750.0Q for each day that expires after the time specified in Paragraph 4 for Substantial Completion until the Work is substantially complete. b. Completion of the Remaining Work: Contractor agrees to pay Owner$500.00 for each day that expires after the time specified FMAC Task Order Agreement Page 1 Proj E17063 American Bank Ctr Climialized Storage Rev 09/06/2017 INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF American Bank Center Climatized Storage E17063 w 11RUNNNOW ONE= MKINEW MEN= moomp, Mum City o Corpus C h.rl",s-t, 41. F.M.A.C. 05 SEPTEMBER 2017 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Revoi-13-2016) 00 30 01 Bid Form (Rev 01-13-2016) 00 52 23 FMAC Task Order Agreement (Rev 06-22-2016) 0061 13 Performance Bond (Revoi-13-2016) 0061 16 Payment Bond (Rev 01-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements (Rev06-22-2016) 00 72 02 Wage Rate Requirements(Rev 06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Rev 01-13-2016) 88 x-88 c, .,i Hta ,G,,Adit• Division 01 General Requirements 011100 Summary of Work(Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 2900 Application for Payment Procedures (Rev03-11-2015) 01 29 01 Measurement and Basis for Payment(Rev01-13-2016) 01 31 00 Project Management and Coordination (Revoi-13-2016) 0131 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 07-3-2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 01 40 00 Quality Management 01 57 00 Temporary Facilities and Controls 01 70 00 Execution and Closeout Requirements Table of Contents 000100- 1 E17063—American Bank Center Climatized Storage Rev 06-22-2016 Division/ Title Section Appendix Title END OF SECTION Table of Contents 000100-2 E17063—American Bank Center Climatized Storage Rev 06-22-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE I— DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: American Bank Center Climatized Storage Owner's Project Identification No. E17063 This contract provides for the installation of a One(1) Enclosed Storage Area with Two(2) Coiling Overhead Doors and 6'-0"x 6'-0" concrete ramp to be installed at existing loading dock open storage area. One(1) Enclosed Mechanically Conditioned Storage Area to be installed in existing parking garage with Two Insulated Coiling overhead doors. Provide 40 Ton condenser and Air Handler per ASHRAE Standard Conditions with housekeeping pad and protective bollards. Replacement of Overhead door and two single doors at auxiliary entrance to Enclosed Mechanically Conditioned Storage Area. 1. Requirements: 1) 2015 IBC Codes; 2) To meet Windstorm requirements per Texas Department of Insurance; 2. Enclosed Storage Area: a. Walls: 1) Approx. 1778 SF; 2) 8'x 8"x 16"Concrete Masonry Units(CMU); 3) Painted; 4) Filled cells: a) Block Insulation Inserts; b) Grout Filled/Reinforced; (1) As specified in structural design. 5) Centered on existing columns; 6) Remove existing guard railing per Design. b. Doors: 1) Hollow Metal: Invitation to Bid and Instructions to Bidders 002113- 1 E17063—American Bank Center Climatized Storage Rev 04-13-2017 a) Double Door(s); (1) 5'—8"x 7'-0"; b) Painted Steel; c) Closer; d) Kick Plate: (1) 10"Tall; (2) Stainless Steel; e) Frame: (1) Welded; (2) Painted steel; (3) 4"tall frame head; f) Entry Lock: (1) Grade 2 g) Deadbolt Lock: (1) Grade 2; (2) Single cylinder; 2) Coiling Overhead: a) Manually Operated; b) Non-Insulated: (1) 12'-0"x 10'-6" 3) Concrete Forklift Curb Ramp: a) 6'wide x 6'-0" long. 3. Enclosed Mechanically Conditioned Storage Area: a. Walls: 1) Approx. 1094 SF; 2) 8'x 8"x 16"Concrete Masonry Units(CMU); 3) Painted; 4) Filled cells: a) Block Insulation Inserts; b) Grout Filled/Reinforced; (1) As specified in structural design. b. Centered on existing columns; C. Doors: Invitation to Bid and Instructions to Bidders 002113-2 E17063—American Bank Center Climatized Storage Rev 04-13-2017 1) Hollow Metal: a) Single Door; (1) 3'-0"x 7'-0"; 2) Painted Steel; 3) Closer; 4) Kick plate: a) 10"tall; b) Stainless Steel; 5) Frame: (1) Welded; (2) Painted steel; (3) 4"tall frame head; 6) Entry Lock: a) Grade 2; 7) Deadbolt Lock: a) Grade 2; b) Single cylinder; d. Coiling Overhead: 1) Manually Operated; 2) Non-Insulated; a) 10'-0"x 7'-4" 3) Insulated; a) 10'-0"x 8'-0" b) 8'-0"x 8'-0" 4. HVAC a. Provide new air cooled condensing unit: 1) Provide a complete,functional MEP system; a) Turn-key in nature; b) Code compliant,ready for use by Owner; 2) 40 Ton capacity at ASHRAE Standard Conditions; a) Manufacturers: (1) Desert Aire; (2) Aaon; Invitation to Bid and Instructions to Bidders 002113-3 E17063—American Bank Center Climatized Storage Rev 04-13-2017 (3) Engineered Air; (4) Or approve equal; b) Provide Manufacture's recommended coil coating materials and methods. c) Provide housekeeping pad and protective bollards. b. Provide new air handling unit: 1) Floor mount; 2) Vertical position; 3) 40 Ton capacity at ASHRAE Standard Conditions; 4) Split system with enthalpy wheel; a) Manufacturers: (1) Desert Aire; (2) Aaon; (3) Engineered Air; b) Or approve equal; 5) Provide with Programmable Thermostat and Dehumidistat; 6) Provide wall mounted outside air intake louver with Belimo 24V motorized damper. 7) Provide housekeeping pad. 8) Provide 1%"copper condensate line with 1" unicellular insulation. C. Salt resistant finish on all cabinet parts,inside and out. d. Duct: 1) Galvanized steel; 2) Supports; 3) Balancing Dampers; e. Provide third party services: 1) Testing,adjusting and balancing; 2) Commissioning services; 5. Electrical a. Disconnect Switch: 1) 480V, 100A/3Ph; 2) Fused per nameplate data of actual furnished equipment; 3) Provide code required mounting and clearance. b. Phone/Data Invitation to Bid and Instructions to Bidders 002113-4 E17063—American Bank Center Climatized Storage Rev 04-13-2017 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$437,759.00. The Project is to be substantially complete and ready for operation within 210 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: URL: https://app.box.com/ Username: CCEngineeringContracts@cctexas.com Enter password: EngineeringServices Click SIGN IN 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, 20 September 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 When submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—AMERICAN BANK CENTER CLIMATIZED STORAGE, Project No. E17063 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. 3.04 Bids will be publicly opened and read aloud at Wednesday,20 September 2017 by 2:00 p.m., at the following location: City Hall Building— City of Corpus Christi Third Floor Invitation to Bid and Instructions to Bidders 002113-5 E17063—American Bank Center Climatized Storage Rev 04-13-2017 Smart Board Meeting Room 1201 Leopard Street Corpus Christi,Texas 78401 3.05 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4 PRE-BID CONFERENCE 4.01 A p „ Hid Rfe-F,,Ree is „+ . ed f9F this PFej ,,.+ 4.02 A mandatory pre-bid conference for the Project will be held on Wednesday 13 Sep 2017 at 2:30 pm at the following location: American Bank Center Parking Garage 1201 Shoreline Corpus Christi,Texas 78401 Bids will not be accepted from Bidders who do not attend the conference. It is the Bidders' responsibility to sign in at the pre-bid conference to verify their participation. ARTICLE a 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 EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. Invitation to Bid and Instructions to Bidders 002113-6 E17063—American Bank Center Climatized Storage Rev 04-13-2017 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 https://app.box.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 R BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. 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. Invitation to Bid and Instructions to Bidders 002113-7 E17063—American Bank Center Climatized Storage Rev 04-13-2017 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. 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. Invitation to Bid and Instructions to Bidders 002113-8 E17063—American Bank Center Climatized Storage Rev 04-13-2017 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. ARTICLE 13 STATEMENT OF EXPERIENCE 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. Invitation to Bid and Instructions to Bidders 002113-9 E17063—American Bank Center Climatized Storage Rev 04-13-2017 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. 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 Invitation to Bid and Instructions to Bidders 002113- 10 E17063—American Bank Center Climatized Storage Rev 04-13-2017 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 http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will because to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. Invitation to Bid and Instructions to Bidders 002113- 11 E17063—American Bank Center Climatized Storage Rev 04-13-2017 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. pailure te submit pest Rid speeified ip serctie.p -0-0 4_5 1-6- STATENAPAIT QP CVDCDICAWP. .i+hi..+hn alletted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. EXPERI�E Invitation to Bid and Instructions to Bidders 002113- 12 E17063—American Bank Center Climatized Storage Rev 04-13-2017 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 E17063—American Bank Center Climatized Storage 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 ❑ Required Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation >3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ■ Required ❑ Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment 0 Required ❑ Not Required Insurance Requirements 00 72 01- 1 E17063—American Bank Center Climatized Storage Rev 06-22-2016 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact)any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements 00 72 01-2 E17063—American Bank Center Climatized Storage Rev 06-22-2016 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or "All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; Insurance Requirements 00 72 01-3 E17063—American Bank Center Climatized Storage Rev 06-22-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The Insurance Requirements 00 72 01-4 E17063—American Bank Center Climatized Storage Rev 06-22-2016 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft;vandalism and malicious mischief, mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements 00 72 01-5 E17063—American Bank Center Climatized Storage Rev 06-22-2016 endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable Insurance Requirements 00 72 01-6 E17063—American Bank Center Climatized Storage Rev 06-22-2016 property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.06 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01-7 E17063—American Bank Center Climatized Storage Rev 06-22-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact)any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi— Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted Insurance Requirements 00 72 01-8 E17063—American Bank Center Climatized Storage Rev 06-22-2016 directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; Insurance Requirements 00 72 01-9 E17063—American Bank Center Climatized Storage Rev 06-22-2016 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 00 72 01- 10 E17063—American Bank Center Climatized Storage Rev 06-22-2016 009101 ADDENDUM NUMBER 1 Project: American Bank Center Climatized Storage(FMAC) Project Number: Owner: City of Corpus Christi E17063 City Engineer: J.H. Edmonds, P.E. Designer: N/A Addendum Issue No. 1 Specification Section: 009101 Date: 05 Sept.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. ApKoved Name D61e Addendum Items: - Revised Preliminary M/E Floor Plan Issued by LNV 9/14/17 - Bidder shall provide copies of subcontractors'proposals - Bid Form Submittal to be Signed and Dated - Bid Bond Required if Bid amount exceeds $50,000.00 1.01 EXTENSION OF BIDS A. Revised Preliminary M/E Floor Plan issued by LNV on 9/14/17 B. Bidders shall provide copies of subcontractors' proposal to be attached with bid packet (Min.Two(2)Subcontractors). C. Use attached Bid Form Submittal, be sure to sign and date this form when submitting bid. D. Small Construction Contracts estimated at less than$50,000 do not require a bid bond. Large Contracts are estimated to be over$50,000 and will require submittal of a bid bond. Thank you for your interest in this project. END OF ADDENDUM NO. 1 Addendum No. 1 009101-1 Gas Department Chiller Replacement—E15135 Rev 01-13-2016 0 Ypg€ Ll —mcwrro cma �J_�—I�— �ELo,.ereew:ere � eoo 2$Sg�p awun wreaose ia mrtnxuo won fwnLw OC, \\ ro �g p` 0 Wo cc LL IL o - LU o ro<n aaew:oa o 0 0 1 10 Z O LU z Z 0�d 0 0 0 0 0 `win Tlllre ��m�n `��re/ire ��nno ¢of d' <D o O 0 0 0 ��ren« o 0 0 0 0 o wire .re �renre ��re Q re,� � o 0 0 0 o w o e.nre�an ree�.rrer�w n un�n �w B M/E FLOOP PLAN mva earw,ea �'�„ m 11 E IE t , El w«err oiore oeu.,o Mre�\[oro 11 own I�zo> �' "`•rem• wrew uo:,»<,rek Poo ono:no,«M oaanq 10` `aE zaIOMILEII, MEI�MPn.M�re-IEMreGE erere n—El ° � ��ree n���re wren,�E 1 'I. wnn �ee ki 101 �a A M/E FLOOP PLAN 00 30 01 BID FORM Project Name: American Bank Center Clir-natized Storage (FMAC) Project Number: E17063 Owner: City of Corpus Christi Bidder: OAR: Ernesto De La Garza Designer: ILNV Engineering Basis of Bid ESTIMATED EXTENDED DESCRIPTION UN UNiNT PRICE QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 $ - $ Contractor Home Office Overhead & Profit (H'OH) A2 N % 0.00 A3 Field Office Overhead(FOH) (%) (Includes Subcontractor Markup) % O,U0 % A4 Payment Bond fo 01.00° AS Performance Bond % ow% SUBTOTAL PART A-GENERAL(items Al thru AS) Part B-Existing Conditions(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 131 Demolition LS 1 $ $ _ SUBTOTAL PART B-Existing Conditions(Item Al) $ Part C-Concrete(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 Iconcrete Curbs LF 1 24 $ $ -; C2 JCurb Ramps LS 1 1 _ $ _ SUBTOTAL PART C-Concrete (Items C1 thru C2) $ - Part D-Masonry(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 lConcrete Masonry Units SF 2.872 $ $ SUBTOTAL PART D-Masonry(Item D1) $ Part E-Metals(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 IMiscellanieous LS 1 $ $ SUBTOTAL PART E-Metal(Item El) Part F-Thermal&Moisture Protection (per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 Masonry Wall Insulation LS 1 $ $ F2 JBacker Rod &Sealant LF 800 $ $ SUBTOTAL PART F-Thermal&Moisture Protection(Items F1 thru F2) $ - Bid Form Page 1 of 3 E17063-American Bank Center Climatized Storage RevOl-13.2016 00 30 01 BID FORM Item DESCRIPTION'S UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Part G-Openings(per'SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 Holilow Metal Doors and Frames EA 2 $ - $ - G2 Coiling Overhead Doors EA 5 - $ 3 Finish Hardware SETS 3 $ SUBTOTAL PART C-Openings(Items F1 thru 'F2) $ Part H•Finishes(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) H1 113ainting SF 1 5744 1 $ - $ - SUBTOTAL PART H-Openings(Item 1-11) $ Part I-Specialties(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 11 Isignage LS 1 1 $ $ 12 IFire Extinguisher EA S $ $ SUBTOTAL PART I-Specialties(Items 11 thru 12) $ Part J-Mechanical&Electrical(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) J1 IMechanical & Electrical I LS 1 $ - $ SUBTOTAL PART J-Mechanical & Electrical (Item J1) Part K-ALLOWANCES(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) K1 I Unanticipated Work LS 1 $ 10,000.00 $ 10,000,0 SUBTOTAL PART K ALLOWANCES (K1) 10,000,0 BID SUMMARY SUBTOTAL PART A- GENERAL (Items Al thru AS) $ SUBTOTAL PART B - EXISTING CONDITION'S (Item B1) SUBTOTAL PART C- CONCRETE (items C1 thru C2) SUBTOTAL PART D -MASONRY(Item D1) SUBTOTAL PART E - METALS (Item E1) $ SUBTOTAL PART F-THERMAL MOISTURE PROTECTION (Items F1 thru F2) SUBTOTAL PART G -OPENINGS (Items G1 thru G3) $ - SUBTOTAL PART H - FINISHES (Item H1) n SUBTOTAL PART I SPECIALTIES (Items 11 thru 12), SUBTOTAL PARTJ - MECHANICAL & ELECTRICAL (Item j1) $ SUBTOTAL PART K -ALLOWANCES (Iterns K1) 10,000.00` TOTAL PROJECT BASE BID (PARTS A THRU K) Bid Farre Page 2 of 3 E17063-American Bank Center Climatized Storage Rev 01 13-2016 QC 30 01 IBI® FORM ESTIMATED EXTENDED Item DESCRIPTION UNIT u��vIaT eu�nc QUANTITY AMOU NT: Contract Times Bidder agrees to reach Substantial Completion in 1 210 Jdays Bidder agrees to reach f=inal Completion in 1240 Jdays Acknowledge Receipt of Addenda Add. No. Gate Signature Acknowledging Receipt Bid Submittal (Proposal must be signed by an authorized representative of the Company) Company: Signature: Title: Bid Form Page 3 of 3 E17063-American Bank Center Climatized Storage Rev 01-13-2016 009101 ADDENDUM NUMBER 2 Project: American Bank Center Clirnatized Storage (FMAC) Project Number: Owner: City of Corpus Christi E17063 City Engineer: J.H. Edmonds, P.E. Designer: N/A Addendum ... .......... Issue No. 2 Specification Section: 00 91 01 Date: 20 Sept. 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 I 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. ................... ................... .................. . ......... prove 7Z Date 4Adndumurn Items: Revised Bidders Work Sheet to include K2— Add. Alternate 1—Motorized Overhead Doors. Sheet 5201 for Clarification on CMU Reinforcement. ............. Lighting Specification for Clarification for Battery Back-Up Fixture type. 1,01 EXTENSION OF BIDS A. Use attached Bid Form Submittal, be sure to sign and date this form when submitting bid B. Revised Preliminary Structural Sheet 5,201 issued by LNV on 9/20/17 C. Provided Light Fixture Cut Sheet with Battery Back-Up Option. Thank you for your interest in this project. END OF ADDENDUM NO. 2 Addendum No. 2 00 9101- 1 Gas Department Chiller Replacement--E15135 Rev 01-13-2016 00 30 01 BID FORM Project Marne: American Bank Center Climatized Storage Project Number:. E17063 owner: City of CorpLIs Christi Bidder: LIAR: Ernesto De La Garza Designer: LNV Engineering Basis of Bid Item bFCRDESCRIPTIONUNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 Cil MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 - A2 Contractor Horne Office Overhead & profit (HOH) 0.00/ A3 Field Office Overhead(FOH) (/) (includes Subcontractor Markup) % 0,00% A4 Payment Bond % 0,00°" $ _ $ A5 Performance Bond % 0.00% - $ SUBTOTAL PART A-GENERAL(Items Al thru AS) Part B-Existing Conditions (per SECTION 0129 01 MEASUREMENT AI4D BASIS FOR PAYMENT) B IDemolition I LS 1 $ - SUBTOTAL PART B-Existing Conditions(Item Al) - Part C-Concrete(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 Concrete Curbs LF 24 $ $ - C2 JCurb Ramps LS 1 $ - $ SUBTOTAL PART C-Concrete(Items CL thru C2) $ ..... ............. . ............. Pact 01-Masonry(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 11concrete Masonry Units SF 2872 $ SUBTOTAL PART D-Masonry(Item D1) Pact E-Metals(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 IMiscellaneous LS 1 77 - SUBTOTAL PART E-Metal(Item Ea) $ - Part F•Thermal&Moisture Protection (per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 IMasonry Wall Insulation, LS 1 s - F2 JBacker Rod &Sealant LF 800, $ - $ SUBTOTAL PART F-Thermal&Moisture Protection(Items F1 thru F2) $ Bid Form Page 1 of 3 E17063-American Bank Center Climatizedi Storage Rev 01-13-2016 (DO 80 01 BID FORM ESTIMATED EXTENDED` Item DESCRIPTION UNIT UNIT PRICE QUANTIT AMOUNT' Part G W Openings(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 Hollow Metal Doors and Frames EA 2 $ G2 lCoiling Overhead Doors EA 5 $ G3 jFinish Hardware SETS 3 $ $ SUBTOTAL PART G-Openings(Items F1 thru F2) $' Parti H-Finishes(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) H1 IPainting SF 5744 $ SUBTOTAL PART H-Openings(Item H1) $, Part I»Specialties (per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) I1Signage LS 1 $ $ 12 I Fire Extinguisher EA 8 $ - $ SUBTOTAL PART I-Specialties(Items 11 thru I ) $ - Part J-Mechanical&Electrical (per SECTION 0129 01 MEASUREMENT AND BASIS FOR.PAYMENT) J1 IMechanical & Electrical LS 1 $ $ SUBTOTAL PART J-Mechanical&Electrical(Item J1) $ Part K-ALLO'rfht'ANCES(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) , K1 Unanticipated Work LS 1 $ 10,000.00 $ 10,000.00 II K2 Additive Alternate 1-Motorized Overhead Doors EA 5 $ $ SUBTOTAL PART K-ALLOWANCES (K1) $ RID SUMMARY SUBTOTAL PART A-GENERAL (Items AI thru A5) $ - SUBTOTAL PART B-EXISTING CONDITIONS(Item B1) $ - SUBTOTAL PART C-CONCRETE (Items C1 thru C2) $ SUBTOTAL PART D-MASONRY(Item D1) $ SUBTOTAL PART E-METALS(Item E1) $ SUBTOTAL PART F-THERMAL& MOISTURE PROTECTION (Items F1 thru F2) $ SUBTOTAL PART G -OPENINGS (Items G1 thru G3) $ SUIBTOTAL PART H -FINISHES (Item H1) $ - SUBTOTAL PART I-SPECIALTIES (Items 11 thru 12) $ SUBTOTAL PART J!-MECHANICAL& ELECTRICAL(Itern j1) $ SUBTOTAL PART K-ALLOWANCES (Items ICI) $ TOTAL PROJECT BASE BID(PARTS A THRU K) Biel Form Page 2 of 3 E17063-American Barak Center Climatized Storage Revat-13-2016 00 30 01 BID (FORM E{I EIp[�ED Item DESCRIPTION UNIT Ea �I'NIT PRICE TWATED Cl,uANTITY' AMOUNT Contract Times Bidder agrees to reach Substantial Completion in 210 Jdays Bidder agrees to reach Final Completion in 240 Jdays Acknowledge Receipt of Addenda Add. No. Bate Signature Acknowledging Receipt 1 15-Sep 2 0-Sep Bid Submittal(Proposal must be signed by an.authorized representative of the Company) Company:. Signature: Title: Bid Farm Page 3 of 3 E17063-American Bank Center Clima,tized Storage RevOl-1,3-2016 g m y 0 oo 4g� gC7 px V � v z FS D i £ : - F z gilt 9� +A z m8' x a ; i 8gas $ eg¢a z 6 R n A xisan Qa $ f 7 ISS UES I REYISIO s ��� AMERICAN BANK CENTER CLIMATE CONTROLLED STORAGE . ;, x y 0.91"am I mzt*tecu I suvoyom CORPUS CHRISTI,TEXAS „oaucusH uxaracE „ •: """ " "" CMU WALL STEEL FRAMING faulni; turHavivIA LIaHrliva—, Nunihm Notes FEATURES&SPECIFICATIONS INTENDED NTEND ED USE--for areas that require good vertical ill uniinathm and excellent glare control at I ow nounningheights.Ideal for open areas,Fousilipa(es anal aisles.Certain airborne contaminants can dirthfinish the integrity of acrylic and/or polycarbonate.Click here for (o rin p a1i bi I i tyjqIsig.fqan h qhk.ucpv, CONSTRUCTION One-piece SVA rated fibargrass housing with usstegrM perimeter channel utilizes LED Enclosed and Gasketed cisnt�lTauouspoijred-in-placetlEMA 4X gasket Snnpntwo pica design consists of housing and optical asseniblyloscreamline installation process, It housing and keep front becoming a hindrance during install. OPTIC'S-..hnjerifon-molded,acrylic lens Ir080"lhitjkl'(M)MIN 1119'1 OnpW resistance(orniparebrie to 100146 DR.I'l rated for outdoor use,hm5es resist breaking,yellowing or boo wrung biffle o'Vot hire,UV DMW2 stabillied poiyearbonate diffuser avadable(080'thici in deal or frostect foraddaicinat impact strength Porlytarbrinale lens is recommend for lower mollnung heights wliere vandal prosection is desired. ELECTRICAL—Tool less one picee optical assembly remarries LEDs and lens into one ccrnponrnt. Optical assembly easily connects to homrrig with filing and play hmness,chnnaling hine consurning wring LED drivers consumer 40 inpul Mile 111,1XIAlLum and offers 11/,h dininling standard. Into,gi al sturpe prolre lion lesion in a cco rda nce w i ill I El UANSI C62.41.2 to bidu st rial standards 6kV/3 kA. M at 60,000 hours. INSTALLATION—Two-piece design makcs installations faster than ever by simplifyrrog wiring connections,Power(onn rell on is easily a(inim inodated th roug h lire-drilled holes at each end,opli on it wet location fulmgs available foe maximum flextaitily, Stainless sleel f1316l surface spring-mounting bra(kecs with b V wires srandard(2 i ncludcdp allow for ceding,wall orsuspendedmount. 4dpjd o. Swivel stem(provided by clthersl when pendent orounl0q,factoliy installed junction box option IM i" tor. a t cc inmoda i es up I a 4X4 sized box v s a n d in i:I ude s in logfal ed claskel I o maj nta in wet to ca lion 11 st in gs QfV Quick Mount Bracket(QMB)ship,,inssalted or,fixtrice and is revoinni e ride J for fastest surface mount installs,ideal forend to end installaiJons orljfgir ohs LISTINGS—(SA(erfifird to M and C-Ul.standards I'm ambient temperatures ranging Poor-401 Cau)abde IIL.Il.frtkii a'1 ire 1,40"Cli so 104"T 140"Q lsee Operational 09a chair for actual lemperatille racing per lumen packagvp. H rating makes himmance suitable for wet locations without covered(cilings.NEMA 4X rated. This itNn is an A+capable luminaire,which has been designed and tested to provide IP ratings:IP65 and kP66 rated.1500 PSI hose down consistent color tappearance and out-of-the-box control compatibility with simple V hsted for Splash Zone If. Oesigntighis(onsorlium'iDi qualified product.Not all verfsiors ofthis product maybe DIC qualified. Please check the 01(Qualified Products List at V(),d el to confirm which versions All corifigurations,of this luminaire meet the,Atchly Bracids'specificaticin for are qualified, chromatic consistency WARRANTY---5-year briuccl voirrarny(ompleter warrawy turns hicaned ai This luni4iaure is part of an A-Certifed solution for ndright'or)(Poim Kreless mid wilditinn"1w " control networks marked by shaded ba(kgmUrld* Arribitm temperatures chat exceed 1041[4010C)will result in reduced life and will void warranty. , Note:Actual performance may differ as a resull of end-wer environrienk and application, To learn more about A+ visll Ali valkles,are design or typical values,cneasured under hilstracc)(y condalons at 25 *See ordering free for details Sproofivations suble(t to change Without notice. DIMENSIONS All dincensons are Illown in incht's(icentimeleg ih ............................... 24.0(60.96i unless adaerwise ranted. 588 (14.941 3.74 r ............ PHOTOMETRICS, Peace see DMW2 LED Wet Lo'catio'n 4moo '+ Ar 0apabieoptionsindicated dryth olarbackgraur,d. Lead will utry cicpengong an pt�uois elected CansuBt vritl ynur alcz r gtreserrrative_ Example:fd(S W2 124 400OL�+l dMO PCS C" VOLT GZI 40K 80CRI ....—�_ Dolor Color tendering _ Series Length Nominal lumens Diffuser Distribution Voltage Driver temperature index DMW2 LEDwet L24 24 20001M 2,0001unaens ACL Acrylic MD Mechuru MVOLT 120277V ta23 i30K 3000K 80M 80CBI ioc,atlun MUM 3,000lurnens Aft Frosledacryllc ahstriluartlon 120, 120V durwnng 351E 3500K 90CM 9001 400OL,M 4,0001urrnens Pa. Potlycarbanate WD V7Me 208 208V 4()K 4000K PFL Frosted drsTrihution 240 24,OV 50K 5000K Polycarbonate 277 277V 347 347V^' 4819 48OV' __.._ ........__....__..__._ ............... _......._.___ ......__ Options SF 5inglelosing," CS88 6'Bra dfiardsonf6/3cord,anrlsta,aiy6tt MSIIOXAWNL101MD5CXALML Xprunt wireless integral molionsensor,ami OF Doublefusinga" bladoplug set,NEMA 4Mrated 1' Off optra¢ionfor iinotionsensing,override P511050 Emergency LED balmy pack lot 0'Cand uls, C588,L1212'6radIfarrison16/3cordandsirti,ghi Dtfduetodayligfill-'a (1400 lumens)" blade ploy set,NEMA Uraled c' MSI'IMY1, Low mount 360 integral naollan,sensor,wet PMP4'K Pendant monopoimtwith NEMA4Xhttlupl(nor (SUR Brad Harris anrtcercrade,NLMA4Xrated' to(alion,On/Off geratiorv4r" avallabieWith)5Boplion)II NQM Nam cerufied MSl102L,3VVVL Low inoui t'360inlegr"alnmanonsensor,wet WJLFLND Wet location fi ung Ione,fitting our end)t' location,high/tow operation p3levcN�sTP EPS TmrxTtgarSnmprer-resisnantsrrews 1Vi.FEN02 Wet locatianNtling(fillings oulbothendsg'" MS110AWLDSCNWL low rnouirt360integral nmotionsensor, V01NDU 4Wetlocation fitting rmantwin;sNEMA2xrating S'f5L StainlesssCeeVlareches wvtlocation,OrutDffapemt'ionformotion lone fitting out end)" sensnn+p,override Off due to daylight" WWLFIND24'X Wet location filling rnaintan"NFMAU XMD XPv ntwarelessrelay,-` ratinglCittings out both encisl's ISB Junin ion box stsprhracket" QMB Quick-mount ceiling bracket CS89 6"white cord,16d3,no play,wet location C5891.12 12'white cord,1613,rw plug,wet location tdutes ---- — I. Unfiaes a step down nransfornmer. AcSessariessDrderasiepaatatecatadogratarrabao'„ 2. Mustspecifyvoltage. RXI 110BII M/PIN U flex-base drover brt,'Fearx 1X10,for Limper resistant screws with center reject pin 3, 120 or 2774/, PKITIOD,R'VU TofxIX10screwdiiiverfor use with tamper�ae%tautstrerwswith centerreject phi 4, 208,240,347,or 460V DMW APLIF Wet lacardnn totting 5. 120,208,240,of 277V.Net awaulable wwlth cord,XAD,1S�B,or PrAP4'X options. Maximum aenbuemt temperature 2.5"'C. DMWJ2QMB Quick-mount codingbaicLet 6. Factory instahedormiy.Not field installable , 7. llotavaitablewith P51050. ........ ..............._ __...., 8,. Not availibic with cordsets or sensors. 9. Not untended for wall mounting.Vrod5IP65 ratirtg and NSF listing.Not available with PMP4Xoption. 10, Not availabte with XAD.Maximum anmbienr temperature 35"C. 11. Minlmurn ambient ternperatum-20"C. DMW2 LED Wet Location ................ ....................... ............ .......... .......... OFER AT I ONAL DATA ........... M2,80CRIMedium WaMge AmbientWorTemp Nominal Lumens Nominal Lumens Comparable Temperature Frosted Aqlix,80CRI Clear,Acylic,BOCA] UghtSource . ................... .. . ....... 30K 2110 2419 35K 248) 2556 MOM" 18 -20°C to 40'C 1.32T8 lamp 40K 2536 2612 50K 2661 2740 ............. 30K 3483 3587 35K 2572 3680 27 -20'C to 40"C --- 2-32 T 8 1 a rn p s 40K 3651 3761 50K 3831 3946 30K 4631 4770 ........... ......... ---—---— 400OLM 40 -40'(to 40"( - 35K 4751 4893 3-3218 Lamps, 4855 5001 2-54T5HO lamps 50K 5094 5247 OPTIONS,AND ACCESSORIES The DMW2�ori(,s fixture offers nuirwous op(lons for almost evety eler1waland qjt4.J(owponern,including a long hst of luld-insu flable accessories, SMB QB C 1S8 iIMP4X Surface incrunfing bracket Quick mounilng bracket lun(llon mounting brackm Pendant monapolnt iships standald wilh,flxtuoeNld owallaWe upilon OF(kr dUMw2QMB ffactory installed conty) lfuiroy insulled unly� (NoT intended for wafl mounting. Voids lIP65 rating.) LlmalvIA i.1myrIlva I flt: '?If D�MW2 LLD ' et Location OPTIONS AND ACCESSORIES The DfAW2 Series fixture offers numewasoptionsfoT a knost evetyelectri Cal and opti(al comp on pni,in duding along bst of field 4stallable accesswim., SBOR-WET LOCATION Motion Sensor Isco for additional information 360"'coverage On/Off dnnn Photocell optional IP66 rated Photocell and 0-10QUirriming options, Fixture sensor .me. �t.=,e­ SBpNsensornomendature --.............. Forshortest lead times use one of the following SBOR configurations MMIONWL SBOR To OEX FB3 Will M51102L3VWL M0100EX DEB3W)a 3V ............... MS11ONWL DSCNWL SBOR 10 OEX P,EB3 WH MOTION SENSOR CESEML—LI'd I'mes will vary dependin onclatJonsselocud Ex sin le:MSIIONWL ....................... a P. ........ ................... Series Lens option Dimming Maximum dim level! Environmental factor:s MST Passive infrared o(cupan cy 10 Low mount,360" N DMA ov Off W1 Wet lo(ako sensor (XX (onlinous dim rangel IV I VD( XA Xpoint wheless signal to extemal system 2V 2 VD( 3V 3 VOC 4V 4VD( 5V 5 voc .................... ............. PHOTOCELL' C=EZZOLL,�,d Tfines MH vaiXdependin o,n opInons selwed Consult midi your salts reprmentanve. Example:DSCNVVL Series Dimming Environmental factors PH Passive infiraled 0anpancy sensor wiphoto(eg N On\tff W1. Wet location (XX cookinous(firn ramlo, XA Xpoint wireless signal to exTemal system Notes 1, XX denotes derrnmmq ra ngejEx.3V,4Y, y. AvadaMe with ouupancy wnsor anly LIZA10,VIA imaHrllva IJ Y ) l 00 30 01 BID FORM Project Name: American Bank Center Climatized Storage (FMAC) Project Number: E17063 Owner: City of Corpus Christi Bidder: - S OAR: Ernesto De La Garza Designer: LNV Engineering Basis of Bid ESTInnaTEo WENDED" ItEl11: DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 $ $ f QD la 0"M A2 Contractor Home Office Overhead&Profit(HOH) (9/0) A3 Field Office Overhead(FOH)(%) (Includes Subcontractor Markup) LS $ $ OCA• A4 Payment Bond LS A5 Performance Bond is SUBTOTAL PART A-GENERAL(Items Al thru AS) Part B-Existing Conditions(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 61 Demolition I LS I 1 I $ SUBTOTAL PART B-Existing Conditions(item Al) Part C-Concrete(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 lConcrete Curbs LF 24 C2 lCurb Ramps LS 1 $ /2r SUBTOTAL PART C-Concrete(Items C1 thru C2) .. $ Part D-Masonry(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 lConcrete Masonry Units SF 2872 $ ` , - $ q" SUBTOTAL PART D-Masonry(Item Dl) $ �3�Sr Part E-Metals(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 Miscellaneous LS 1 SUBTOTAL PART E-Metal(Item Ei) =$ J Z. Part F-Thermal&Moisture Protection(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 Imasonry Wall insulation LS i $ w F2 JBacker Rod&Sealant LF 800 SUBTOTAL PART F-Thermal&Moisture Protection(Items F1 thru F2) Bid Form Page 1 of 3 E17063-American Bank Center Climatized Storage Revai-13.2016 f 00 30 01 BID FORM ESTIMATED EXTENDEt)' hent DESCRIPTION UNIT UNIT PRICE QUANTITY :AMOURff, Part G-Openings(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 Hollow Metal Doors and Frames EA 2 $ 27 Yozi, G2 Coiling Overhead Doors EA 5 G3 Finish Hardware SETS 3 SUBTOTAL PART G-Openings(items F1 thru F2) Part H-Finishes(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) H1 IPainting SF 5744 SUBTOTAL PART H-Openings(Item H1) .. $ �►� Part I-Specialties(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 11 Isignage LS 1 °. 12 Fire Extinguisher EA 8 $ SUBTOTAL PART 1-Specialties(Items 11 thru 12) $ ` 0." Part J-Mechanical&Electrical(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) J1 Mechanical&Electrical LS 1 1 SUBTOTAL PART J-Mechanical&Electrical(Item JI) $ Part K-ALLOWANCES(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) K1 jUnanticipated Work LS 1 1 7757 10,1300.00 T7.."75,55,5.05 SUBTOTAL PART K-ALLOWANCES (K1) $ 101,000.00 -d o .S- Ar od Ao= A,f to. BID SUMMARY SUBTOTAL PART A-GENERAL (Items Al thru A5) $ SUBTOTAL PART B-EXISTING CONDITIONS(Item 81) SUBTOTAL PART C-CONCRETE(Items C1 thru C2) $ SUBTOTAL PART D-MASONRY(Item Dl) SUBTOTAL PART E-METALS(Item El) $ >; t - SUBTOTAL PART F-THERMAL&MOISTURE PROTECTION(Items F1 thru F2) SUBTOTAL PART G-OPENINGS(Items G1 thru G3) $ SUBTOTAL PART H-FINISHES(Item 1­11) $ X4, SUBTOTAL PART I-SPECIALTIES(Items 11 thru 12) $ 139,MC, SUBTOTAL PART J-MECHANICAL&ELECTRICAL(Item j1) $ - +,t : Y` (� 2w, SUBTOTAL PART K-ALLOWANCES(Items K1) $ 'Zp,000�0Q'' Pr �,Vol TOTAL PROJECT BASE BID(PARTS A THRU K) 1 $ Bid Form Page 2 of 3 E17063-American Bank Center Climatized Storage Rev01.13.2016 V, 00 30 03 BID FORM ESTMATED, EXTENDED ( BCif� f DESCRIPTION UNIT UNIT PRICE QUANTffY; x „ AMOUNT Contract Times Bidder agrees to reach Substantial Completion in 210 Idays Bidder agrees to reach Final Completion in 1 240 Idays Acknowledge Receipt of Addenda Add. No. Date Signature Acknowledging Receipt -1 S 2. 9 zv Bid Submittal(Proposal must be signed by an authorized representative of the Company) Company: �� C�G���ly'�t �bj'� J�✓/Ct�'•1� Signature: J,4:;rk Welk Title: Bid Form Page 3 of 3 E17063-American Bank Center Climatized Storage Rev 01-13.2016 U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede llamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para informacion o para someter una queja al: 1-800-486-6695 1-800-486-6695 4. You may also write to the company at: Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 801 S. Figueroa Street, Suite 700 Los Angeles,CA 90017 Los Angeles,CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights,or complaints at: de companias,coberturas,derechos,o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(111-1 A) Consumer Protection(I 11-1 A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No. (512)490-1007 Fax No. (512)490-1007 Web: http://www.tdi.texas.gov Web: http://www.tdi.state.tx.us E-mail:ConsumerProtectionatdi.texas.gov E-mail:ConsumerProtection(@tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo,debe comunicarse con el agente o la agent or the company first. If the dispute is not compania primero. Si no se resuelve la disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condition del document. documento adjunto. 11ccsUM000811o Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects, A.I.A Documents No. A-310 KNOW ALL MEN BY THESE PREESENTS, That we, JE Construction Services, LLC as Principal hereinafter called the Principal, and U.S. Specialty Insurance Company as corporation createcland existing under the laws of the State of TX whose principal oft-ice is in Houston,TX as Surety, hereinafter called the Surety, are held and firmly bound unto City ofCarr pus Christi as Obligee, hereinafter called the Obligee, inthe surly of Five Percentof the Greatest Amount Bid Dollars (S50/o (,AB) for the payment of'which sung, well and truly to be made,the said Principal and the said Surety,, bind ourselves, our heirs, executors, adin inistrators, successors all(] assigns,jointly and severally, firmly by these presents Whereas, the Principal has submitted a bid for American Bank Center-Climatized Storage NOW, THEREFORE, if the Obligee shall accept the bid ofthe Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful Performance of Such contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the Failure of the Principal to enter 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 tile Z-11110LInt specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perforin the work covered by said bid, then this obligation shall be null and void, otherwise to reinain in full force and effect Signed and sealed this 20th clay of' Septernber, 2017 JE Construction Services, LLC (Principal) SEAL.) U.S. Specialty Insurance Company (Surety) 13 y Robert G. KallUth Attorney-in-fact'"1-1' POWER OF ATTORNEY Am ERI CAN CONTRACTORS IN DI MNITYCONI PANY TEXAS BONDING COMPANY UNITED STATESS1.1RETY COMPANY tJ.S.SPI,(,IAL'I'YINStiRANCI�CO,Nll,ANY KNOW ALL MEN BY TnEsE PRESENTS: That American Contractors Indemnify Company, a Califomia corporation, Texas, Bonding Conipany, an assumed name of American Contractors Indemnify Company, United States Surety Company, aMaryland corporation kind U,.S. Specialty Insurance Company, to Texas corporation (collectively, the "Companics"), do by these presents make, consfituteand appoint: Johnny Moss,Jay Jordan,Tony Fierro,Jeremy Barnett,Jade Porter,Mistic Beck, Robert G.Kanutb or Jarrett Willson of Rockwall,"Texas its fine and lawful Attorney(s)-in-fact, each in their separate capacity ifinore than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver,any and all bonds, recognizance;;, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed million Dollars I'S_!110fQ00,000-00*1 This Power of Attorney shall expire without Further action on November 3,2019. This Power of`Attorney is granted Under and by -ds of'Directors or the Corripanies�: authority of the following resolutions adopted by the Bom Be it Resolved, that tfic President,any Vice-President,any Assistant Vice-President,any secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any olle Or"tore silimble persons as Attorney(s)-in-f*act to represent and act for and on tichalf'ofthe Company subject to the friliolming pre vi'sions.- Atiorticy-in-Fact may be given full POWC17 and audlority for and in the name of and on behalf of the Company,to execute„richnowledge and deliver,any and all bonds, lecognizariecs, contracts, agreements or indemnity and other conditional or obligatory undcrtakings, including any and all consents for the release of retained percentages and/or final estimates Oil engincering and conslinction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any suchinstruments so executed by any such Attorney-in-Fact shall be binding upon the Company as it'signed by the President and sealed and effected by the Corporate secretary. Be it Re.lolved, that the signature,of any authorized officer and seal of the Company herctufore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of arionicy or certificate bearing facs"nuile signature or filesimile seal shall be valid and binding upon the Company with respect,to any bmid or undenaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this I st day of Noveinber,2016. ANIEI2ICANC'ON'I'IZAC'I'OltS]NDIs"NINI'I'YCOMI'ANY TEXAs BONDING CONIPANY Corporate Seals UNI TEDSTATESSLJRETY COMPANY U.S.SPECIALTY INSURANCI,,,Coml,ANY 0aT.r s sy: 7 �MVRD g S? ; � 1, :L,r�Vkc Prcs�'k Danief �A�It Vice A notary,Public or other officer completing this certificale verifies only tate identity of the individual who signed(lie document to",Inch this certificate is attached,and not the truthfulness,accuracy,or validity of that document State or California County of Los Angeles SS: Oil this Ist clay of November,20f6, before ine,Sabina Morgenstein,a notary public, personally appeared Daniel P,Aguilar,Vice President of American Contractors Indeninity Conlpany,'fexas Bonding Company,United States Surety Company and U,S,Specialty Insurance Company who proved to nuc on the basis of satisfactory evidence to be the Person whose name is subscribed to the within imiruinwit and acknowledged to tire that lie executed the same in hisautborized capacity,and that by his sign ature on the instrument the person,oi-the entity upon bebalf of which the person acted,executedthe insinurrein. l certify under PENALTY OF PERJURY under the laws of the State of Califoritia that the foregoing paragraph is trucand correct. WITNESS my hand and official.seal, SAWNA MO I RGENSTEIN I@ Commission# 212,9250 ..........------- (Seat) Notary Public-California Signature -------- Los Angeles County My Coonan,ExDlf es 4v 3,2010 1,Kin Lo,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Sorely Company and U.S. Specialty Insurance Company,(10 hereby certify that the above and foregoing is a mac and correct copy of it Power of Attorney,executed by said Companies,which is still in full forcend effLet; furthermore,the resolutions of the Boards of Directors,set out in the Power of'Attorney are in full force and effect. In Lly-j ness Where e I -t set any hand and affixed the seals of said Companies at Los Angeles,California this tray day of oxx",,, Cor *G 01,ar S 5 R Ja ............ aerate Seah; 0 �V_ 'Kio Lo,Assistant Seer0a, zt� mo�t''­ '-_F, 1! Bnd N oo. Agency No. I FOR .t ( i I I I Kan't Kopy'Kt j ' Kam't Kopy Kt Security Paper ! Security Paper • Hidden Pantograph i i • Hidden Pantograph • Color Match Calor Match • Artificial Watermark • Artificial Wamnnark • Anti-Copy Coin Rub • Anti-Copy Coin Rub Erasure Protection Erasure Protection Security Featums Box i • Security Features Box • Microprint Protection • Microprint Protection • Acid Free ( ' + Acid Free ff I Kant Kepy K1 Ken't Kopy Kt Security Paper i Security Paper • Hidden Pantograph I Hidden Pantograph • ColorMetch Color Match • Artificlai Watermark Artificial Watermark • Ant'.Copy Coin Rub . Anti-Copy Coin Rub • Erasure.Protecdan • Erasum Protection ` Security Featums Box Security Features Box • Microprint Protection • Mlempdnt Protection • Acid Free ( Acid Free E � j ,.t FMAC TASK ORDER AGREEMENT This FACILITIES MULTIPLE AWARD CONTRACT TASK ORDER AGREEMENT (ORDER) is between the City of Corpus Christi, a Texas home-rule municipal corporation (CITY), acting through its duly authorized City Manager or designee, the Director of Engineering Services or City Engineer, and JE Construction Services (CONTRACTOR), acting by and through its duly authorized representative, Grant Dietze (Name), Vice-President (Title). The parties agree as follows: 1. This ORDER is issued under the Facilities Multiple Award Contract Master Agreement signed on July 26, 2016, pursuant to Request For Proposals No. 2016- 04. All terms and conditions of the Master Agreement pertain to this ORDER. 2. CONTRACTOR was selected for award of this ORDER under Request for Task Order Proposal (RFTOP) No. E17063. 3. CONTRACTOR shall construct and complete certain improvements in accordance with the plans and specifications described in Exhibit"A" (attached and incorporated herein), perform all work as provided in said plans and specifications, and do such additional work as may be considered necessary to complete the work in a satisfactory and acceptable manner (the "Work"). The CITY reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable. Authorization for all changes must be made in writing. The CONTRACTOR shall furnish all labor, tools, material, machinery, equipment and incidentals necessary to the prosecution of the Work unless otherwise provided by the written terms of the plans and specifications. 4. The work described in Exhibit "A" shall be completed within 210 Calendar Days of Notice To Proceed. 5. 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 4 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): a. Substantial Completion: Contractor shall pay Owner $750.00 for each day that expires after the time specified in Paragraph 4 for Substantial Completion until the Work is substantially complete. b. Completion of the Remaining Work: Contractor agrees to pay Owner$500.00 for each day that expires after the time specified FMAC Task Order Agreement Page 1 Proi E17063 American Bank Ctr Climiatized Storage Rev 09/06/2017 in Paragraph 4 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. c. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. d. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. e. 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. 6. In consideration of the completion of the above-described Work, the CITY agrees to pay to CONTRACTOR the lump sum amount of FOUR HUNDRED NINETY-EIGHT THOUSAND, FIVE HUNDRED THIRTY-NINE DOLLARS AND NO/00 ($498,539.00) for City Proiect E17063 AMERICAN BANK CENTER CLIMATIZED STORAGE (FMAC). Said payment shall be conditioned upon the acceptance of the work by the CITY as certified by its final inspection following the receipt of notice from the CONTRACTOR that the work is completed and ready for acceptance. Upon completion of work and before acceptance and final payment is made, the CONTRACTOR shall clean and remove from the work site all surplus and discarded materials, temporary structures and debris of every kind in order to leave the work site in a neat, orderly condition, equal to that which originally existed. The CONTRACTOR shall submit a notarized affidavit that bills for all labor, equipment, materials and supplies associated with the project have been paid before final payment is released. 7. All work shall be performed in a workmanlike manner and to the satisfaction of the CITY. The CITY shall determine the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the Work, sequence of construction and interpretation of the plans and specifications. S. The CONTRACTOR agrees to provide Performance/Payment Bonds and insurance as required and outlined in the Task Order documents. 9. The CONTRACTOR shall, at all times, observe and comply with City, federal, state and county laws, ordinances or regulations which in any manner affect the conduct of the Work. The CONTRACTOR shall be responsible for procuring all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work, unless otherwise provided by the written terms of the plans and specifications. 10. This Agreement or the Work provided may not be assigned or subcontracted by CONTRACTOR without the written permission of the CITY. FMAC Task Order Agreement Page 2 Proi E17063 American Bank Ctr Climiatized Storage Rev 09/06/2017 IN WITNESS WHEREOF this Agreement is executed. CITY OF CORPUS CHRISTI CONTRACTOR: n/a JE Construction Services Margie Rose, City Manager Company Digitally signed by Grant Dietze Grant Dietze Se ices,o , Dietze,ant Construction Services,ou,email=grant@jecs.cq c=US Date Date 2017.09.26 09 03 53-05'00' Authorized Signature n/a Mark Van Vleck, Asst. City Mgr. of Grant Dietze, VP Public Works, Utilities &Transportation Print Name and Title Date 11309 Leopard St., Suite E n/a Address Corpus Christi, TX 78410 Valerie Gray, P.E., Exec. Dir. Public Works City, St, Zip 361/933-0501 Phone Date Grant@jecs.cc Email monds Jeff Edmonds Datleal017.1024ly snedyJeff 2 08:12 -05'00' Jeff Edmonds, P.E., Dir. Engineering Serv. APPROVED AS TO LEGAL FROM: 2017.10.20 10:53:20 -05'00' Asst. City Attorney 1030-13606-734-520130 E17063-01-1030-EXP Funding Source FMAC Task Order Agreement Page 3 Proi E17063 American Bank Ctr Climiatized Storage Rev 09/06/2017 00 6113 PERFORMANCE BOND BOND NO. 1001087229 Contractor as Principal Name: JE Construction Services Mailing address (principal place of business): 11309 Leopard St., Suite E Corpus Christi, TX 78405 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: Project No. E17063 American Bank Center Climatized Storage (FMAC) Award Date of the Contract: September 22, 2017 Contract Price: $498,539.00 Bond Date of Bond: September 28, 2017 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: U.S. Specialty Insurance Company Mailing address (principal place of business): 5601 Granite Parkway, Ste. 1100 Plano, TX 75024 Physical address (principal place of business): 5601 Granite Parkway, Ste. 1100 Plano, TX 75024 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): 972/ 930-0641 Telephone (for notice of claim): 1-800-486-6695 Local Agent for Surety Name: Address: Telephone: Email Address: Cam Fletcher 5601 Granite Parkway, Ste. 1100 Plano, TX 75024 972/ 930-0641 CFLETCHER@hcc.com 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 FMAC Performance Bond E17063 American Bank Ctr Climatized Storage FMAC 006113-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Princip Construction Services, LLC Signature: Surety U.S. Specialty Insurance Company Signature: Name: 154 kk- e,_,,,. Name: Robert G. Kanuth Title: V - P_ Title: Attorney -in -Fact Email Address: is eta c, &) ) .a .S _ c c_ Email Address: (Attach Power of rkanuth@kandsins.com • Attorney and place surety seal below),. END OF SECTION FMAC Performance Bond E17063 American Bank Ctr Climatized Storage FMAC 006113-2 7-8-2014 SABINA MORGENSTEIN Commission * 2129258 Notary Public - California Los Angeles County My Comm. Expires Nov 3, 2010 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Johnny Moss, Jay Jordan, Tony Fierro, Jeremy Barnett, Jade Porter, Mistie Beck, Robert G. Kanuth or Jarrett Willson of Rockwall, Texas its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Ten Million****** Dollars (5 *10,000,000.00* ). This Power of Attorney shall expire without further action on November 3, 2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be if Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documcnts canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomcy-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomcy or any certificate relating thereto by facsimile, and any power of attomcy or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this lst day of November, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals `�. itAPC..... ��, `o.``(t SUR,..„ �3`c,pN........C'..e'o. =Xi '!= *mama," sevv:x,s,o i41F0Ve:.c Daniel P. Aguilar, Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this 1st day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorrcy'. are ill MI force and effect. In nesshergo0f, 1 have here o set my hand and affixed the seals of said Companies at Los Angeles, California this J day Corporate Seals 001 0N'..'iiii Kio Lo, Ass'ssla:rt Secret V Kan't Kopy K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free Kan't Kopy K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free Kan't Kopy K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Add Free l.;i Kant Kopy' K1 • • $ectirity Paper. •,' Higdon pantograph i (') • Coloi' Match • d Artificial Watermark Anti -Coli, gain Rub 'Erastjre I?rdtdeUon• 1 SeBp*. Features Bp ‘'/Acid Freet Projection `1\,Sten /// /// L__ i U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE 1. To obtain information or make a complaint: 2. You may contact your agent. 3. You may call the company's toll free telephone number for information or to make a complaint at: 1-800-486-6695 4. You may also write to the company at: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov 7. 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. 8. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su agente. Usted puede llamar al numero de telefono gratis de la compania's para informacion o para someter una queja al: 1-800-486-6695 Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 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 al: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@,tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente 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 Esta aviso es solo para proposito de i formacion y no se convierte en parte o condicio del documento adjunto. HCCSTXM0008/ I 0 00 6116 PAYMENT BOND BOND NO. 1001087229 Contractor as Principal Name: JE Construction Services Mailing address (principal place of business): 11309 Leopard St., Suite E Corpus Christi. Texas 78405 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: Proiect No. E17063 American Bank Center Climatized Storage Award Date of the Contract: September 22, 2017 Contract Price: $498,539.00 Bond Date of Bond: September 28, 2017 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: U.S. Specialty Insurance Company Mailing address (principal place of business): 5601 Granite Parkway, Ste. 1100 Plano, TX 75024 Physical address (principal place of business): 5601 Granite Parkway, Ste. 1100 Plano, TX 75024 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): 972/ 930-0641 Telephone (for notice of claim): 1-800-486-6695 Local Agent for Surety Name: Address: Cam Fletcher 5601 Granite Parkway, Ste. 1100 Plano, TX 75024 Telephone: 972/ 930-0641 Email Address: CFLETCHER@hcc.com 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 FMAC Payment Bond E17063 American Bank Ctr Climatized Storage FMAC 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 Princ' JE Con liction Services, LLC Signature: 0„.... � Surety U.S. Specialty insurance Company Signature. Name: 1 Sd>3 c2 t_ to 1; Name: Robert G. Kanuth Title: V _ C Title: Attorney-in-Fact Email Address: i s ctn.. c. �� j e C S C Email Address: rkanuth(c).kandsins.com (Attach Power of Attorney and place surety seal below) END OF SECTION FMAC Payment Bond E17063 American Bank Ctr Climatized Storage FMAC 006116-2 7-8-2014 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Johnny Moss, Jay Jordan, Tony Fierro, Jeremy Barnett, Jade Porter, Mistie Beck, Robert G. Kanuth or Jarrett Willson of Rockwall, Texas its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Ten Million****** Dollars ($ *10,000,000.00* ). This Power of Attorney shall expire without further action on November 3, 2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomcy-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attachcd. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of November, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY „\n1U1 Ib9ylonauuurrgy "eon IN°frgr: f�5.5Uk�c�!...,,W7°1 0.....C', ▪ PICCIIPOW 'Y,•,•p, O' 3▪ W:� 3Y•:^ ! v _ri=_ Yrs ''nJ'�iiFORN�r• 11/rlllllllll\,1\\„ llllllllll\\\\„` - Illlll/1111111\1,\\\"` By: Daniel P. Aguilar, Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this lst day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SABINA MORGENSTEIN Commission # 2129258 (Seal) "•��.•i< Notary Public . California Los Angeles County 1_ __ My Comm. Expires Nov 3.2014 I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United Statcs Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, exe ::rr•:d by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Airnrrcv are in force and effect. • In iJher of, I have hgreuplo set my hand and affixed the seals of said Companies at Los Angeles, CalifOrnia this 11 til./0 of ess � ,Z01 +. Corporate Seals ,oa�aA�T'oq;o Bond No. tcC)Ic1 1 • :=.'▪ "' 'o.•'o Agency No. 17042 Kio Lo, Assista j t Secre*,c ry ti. 1 Kan't Kopy" K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free • Kan't Kopy" K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free Kant Kopy K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free r- Vni Kant Kopy" K1 ,pecurity Paper •; Hidden pantograph ! Color Match . ; t '• Artificial Watermark Anti -Copy Cain ?. 'Erasure P,rdtdetion 4:: ••- Sticurity Features Bpx • Mici'tprjnt Projection %'/Acid Free-� \� U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE 1. To obtain information or make a complaint: 2. You may contact your agent. 3. You may call the company's toll free telephone number for information or to make a complaint at: 1-800-486-6695 4. You may also write to the company at: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@,tdi.texas.gov 7. 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. 8. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su agente. Usted puede llamar al numero de telefono gratis de la compania's para informacion o para someter una queja al: 1-800-486-6695 Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 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 al: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente 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 Esta aviso es solo para proposito de i formacion y no se convierte en parte o condicio del documento adjunto. HCCSTXM000S/Io The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 6/26/2017 K&S Insurance Agency 2255 Ridge Road, Ste. 333 P. O. Box 277 Rockwall TX 75087 Honey Counts (972)772-7262 (972)771-4695 hcounts@kandsins.com JE Construction Services LLC 11309 Leopard Suite E Corpus Christi TX 78410 FCCI Insurance Group 10178 National Trust Insurance Co.20141 Texas Mutual Insurance Co.22945 Hanover Insurance Co.22292 A X X X GL0018400 11/2/2016 11/2/2017 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 A X X X CA100007275 11/2/2016 11/2/2017 1,000,000 B X X X 10,000 UMB0022190 11/2/2016 11/2/2017 5,000,000 5,000,000 C Y 0001306815 5/17/2017 5/17/2018 X 1,000,000 1,000,000 1,000,000 D Contractors Equipment IHDA75524900 11/2/2016 11/2/2017 Leased/Rented - Max per item 650,000 Leased/Rented-MaxOccurrence 2,000,000 RE: FMAC Projects Program *SEE ATTACHED PAGE* Gary Thompson/COUNTS City of Corpus Christi-Engineering Attn: Construction Contract Admin P.O. Box 9277 Corpus Christi, TX 78469 COMMENTS/REMARKS COPYRIGHT 2000, AMS SERVICES INC.OFREMARK *Additional Insured, Waiver of Subrogation & Primary & Non-Contributory forms #CGL088 1013, CGL 084 1013, CGL 025 1108 applies to the General Liability policy. *Additional Insured, Waiver of Subrogation & Primary & Non-Contributory forms CAU 058 0115 and CAU 042 0115 apply to the Auto Liability policy. *Waiver of Subrogation form #WC 420304B 06/14 applies to the Workers Compensation policy. GENERAL LIABLITY Automatic Additional Insured - Any person or organization whom your required to add as such by reason of a written contract or agreement Primary & Non-Contributory where required by a written contract between the named insured and any person or organization that requires such status. Blanket Waiver of Subrogation as required by written contract between the named insured and any person or organization that requires such status. AUTOMOBILE LIABILITY Additional Insured by Contract - Any person or organization that you are required by a written contract to name as additional insured. Blanket Waiver of Subrogation - We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the "insured contract". Primary & Non-Contributory where required by a written contract between the named insured and any person or organization that requires such status. WORKERS COMPENSATION Blanket Waiver of Subrogation as required by written contract between the named insured and any person or organization that requires such status. UMBRELLA LIABILITY Umbrella policy follows form per attached policy form UMB024 1108. *ALWAYS REFER TO POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS AND EXCLUSIONS. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE Additional Insured Coverage .................................................................................................................................... 10 Bail Bonds ................................................................................................................................................................... 9 Blanket Waiver of Subrogation ................................................................................................................................. 16 Bodily Injury and Property Damage ............................................................................................................................ 1 Care, Custody or Control ............................................................................................................................................ 3 Contractors Errors and Omissions ............................................................................................................................. 7 Contractual Liability (Personal & Advertising Injury) .................................................................................................. 2 Electronic Data Liability .............................................................................................................................................. 1 General Liability Conditions ...................................................................................................................................... 14 Incidental Malpractice ............................................................................................................................................... 10 Insured ...................................................................................................................................................................... 10 Limited Product Withdrawal Expense ......................................................................................................................... 4 Limits of Insurance .................................................................................................................................................... 12 Loss of Earnings ....................................................................................................................................................... 10 Newly Formed or Acquired Organizations ................................................................................................................ 12 Non-Owned Watercraft ............................................................................................................................................... 1 Property Damage Liability – Borrowed Equipment ..................................................................................................... 1 Tenant’s Property and Premises Rented To You ....................................................................................................... 9 Voluntary Property Damage ....................................................................................................................................... 2 COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 16 Copyright 2013 FCCI Insurance Group THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended “Property Damage” Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. 2. Non-owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability – Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to “property damage” to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for “property damage” to any one borrowed equipment item under this coverage is $25,000 per “occurrence”. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate “electronic data” that does not result from physical injury to tangible property. The most we will pay under Coverage A for “property damage” because of all loss of “electronic data” arising out of any one “occurrence” is $10,000. COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 16 Copyright 2013 FCCI Insurance Group We have no duty to investigate or defend claims or “suits” covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V – DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. For purposes of this Limited Electronic Data Liability coverage, the definition of “Property Damage” in SECTION V – DEFINITIONS of the Coverage Form is replaced by the following: 17. “Property damage” means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the “occurrence” that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate “electronic data”, resulting from physical injury to tangible property. All such loss of “electronic data” shall be deemed to occur at the time of the “occurrence” that caused it. For purposes of this insurance, “electronic data” is not tangible property. SECTION I – COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions – the Contractual Liability Exclusion is deleted. SECTION I – COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for “property damage” caused by an “occurrence”, to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 16 Copyright 2013 FCCI Insurance Group d. Premises you sell, give away, or abandon, if the “property damage” arises out of any part of those premises; e. Property caused by or arising out of the “products-completed operations hazard”; f. Motor vehicles; g. “Your product” arising out of it or any part of it; or h. “Your work” arising out of it or any part of it. 3. Deductible We will not pay for loss in any one “occurrence” until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of “property damage” caused by an “occurrence”, to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the “property damage” arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage” to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the “property damage” arises out of any part of those premises; d. Property caused by or arising out of the “products-completed operations hazard”; COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 16 Copyright 2013 FCCI Insurance Group e. Motor vehicles; f. “Your product” arising out of it or any part of it; or g. “Your work” arising out of it or any part of it. 3. Deductible We will not pay for loss in any one “occurrence” until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a “seller”, we will reimburse you for "product withdrawal expenses" associated with “your product” incurred because of a "product withdrawal" to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal" was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 16 Copyright 2013 FCCI Insurance Group (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defect" will be deemed to have arisen out of the same "product withdrawal"; or (2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any "product withdrawal" initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of "your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily Injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit" against you for "product withdrawal expenses". 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A "Defect" Or A "Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 6 of 16 Copyright 2013 FCCI Insurance Group (a) How, when and where the "defect" was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of “your product". (2) If a "product withdrawal" is initiated, you must: (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; (b) Send us written notice of the "product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. “Defect" means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of "your product" which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be limited to those batches of "your product" which are known or suspected to have been tampered with. c. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect" in "your product", or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non-salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 7 of 16 Copyright 2013 FCCI Insurance Group (7) Costs of warehouse or storage space; or (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product", or the costs of regaining your market share, goodwill, revenue or profit. e. “Seller” means a person or organization that manufactures, sells or distributes goods or products. “Seller” does not include a “contractor” as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a “contractor”, we will pay those sums that you become legally obligated to pay as damages because of “property damage” to “your product”, “your work” or “impaired property”, due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or “suits” covered by this Contractors Errors or Omissions coverage. This coverage applies only if the “property damage” occurs in the “coverage territory” during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments – Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. “Bodily injury” or "personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 16 Copyright 2013 FCCI Insurance Group d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. f. Any liability arising out of manufacturer’s warranties or guarantees whether express or implied. g. Any liability arising from “property damage” to property owned by, rented or leased to the insured. h. Any liability incurred or “property damage” which occurs, in whole or in part, before you have completed “your work.” “Your work” will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from “property damage” to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. l. “Property damage” to property other than “your product,” “your work” or “impaired property.” m. Any liability arising from claims or “suits” where the right of action against the insured has been relinquished or waived. COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 16 Copyright 2013 FCCI Insurance Group n. Any liability for ”property damage” to “your work” if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. “Contractor” means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. “Contractor” does not include a “seller” as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one “occurrence” until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or “suit”, and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. EXPANDED COVERAGE FOR TENANT’S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III – Limits Of Insurance. SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS – COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS – COVERAGES A, B, D, E, and G. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 10 of 16 Copyright 2013 FCCI Insurance Group 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or “suit”, including actual loss of earnings up to $500 a day because of time off from work. SECTION II – WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The “employee” has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the “bodily injury”, “property damage” or “personal and advertising injury” for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 11 of 16 Copyright 2013 FCCI Insurance Group (5) Nothing herein shall extend the term of this policy. g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any “occurrence” that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision – Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) “Bodily injury“, “property damage”, or “personal and advertising injury” arising out of operations performed for the federal government, state or municipality; or (2) “Bodily injury” or “property damage” included within the “products-completed operations hazard”. i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any “occurrence” which takes place after the equipment lease expires. j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to “bodily injury” or “property damage” caused by “your products” which are distributed or sold in the regular course of the vendor’s business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) “Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 12 of 16 Copyright 2013 FCCI Insurance Group (c) Any physical or chemical change in “your product” made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor’s premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) “Bodily injury” or “property damage” arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III – LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard”; c. Damages under Coverage B; d. Voluntary “property damage” payments under Coverage D; and e. Care, Custody or Control damages under Coverage E. COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 13 of 16 Copyright 2013 FCCI Insurance Group 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary “property damage” payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; and f. Contractors Errors and Omissions under Coverage G. because of all “bodily injury” and “property damage” arising out of any one “occurrence”. 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of “property damage” to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of “bodily injury” sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one “occurrence” is $1,500. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for “property damage” arising out of any one “occurrence” is $1,000. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for “product withdrawal expenses” in any one-policy period, regardless of the number of insureds, “product withdrawals” initiated or number of “your products” withdrawn is $10,000. COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 14 of 16 Copyright 2013 FCCI Insurance Group 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one-policy period, regardless of the number of insureds, claims or “suits” brought, or persons or organizations making claim or bringing “suits” is $10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each “location” owned by or rented to you. “Location” as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 10. Paragraph 13. is added as follows: 13. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an “occurrence” or an offense which may result in a claim. This requirement applies only when the “occurrence” or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An “executive officer” or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 15 of 16 Copyright 2013 FCCI Insurance Group (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an “employee”) or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the “occurrence” or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the “occurrence” or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the “occurrence” or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An “executive officer” or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an “employee”) or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an “occurrence” to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an “occurrence” to us at the time of the “occurrence” shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this “occurrence” to us as soon as you become aware that this “occurrence” may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 16 of 16 Copyright 2013 FCCI Insurance Group Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or “your work” included in the “products-completed operations hazard” under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU – ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (OPTIONAL) Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the “coverage territory”.) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II – Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. Your work” performed for the additional insured and included in the “products-completed operations hazard” if such coverage is specifically required in the written contract or agreement. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV – Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an “occurrence” or an offense which may result in a claim or “suit” under this insurance, and of any claim or “suit” that does result; 2. Send us copies of all legal papers received in connection with the claim or “suit”, cooperate with us in the investigation or settlement of the claim or defense against the “suit”, and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or “suit” to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or “suit”. F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form.